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Consumer Safety

HELPING THE SERIOUSLY INJURED

     If you were injured due to the fault of another, you have the right to file a claim for damages to compensate you for these injuries. Usually, this involves a claim with insurance companies, particularly when the injury arose from an auto accident, a slip or fall in a house or building, a dog bite, or from a defective product.

     A serious injury results in serious consequences to the injured person and his/her family. It may mean continued medical care, and the responsibility to pay past and future medical expenses. With health insurance companies getting stingier than ever, the out-of-pocket expenses have increased. A serious injury may also mean the loss of earnings as the injured person is not able to work or may face the possibility of losing his/her job.

     There are also the more serious losses caused by physical pains as a result of the injuries. These physical pains are accompanied by emotional suffering as the person may feel helpless and isolated for not being able to pursue and enjoy life’s basic activities.

     Injured persons deserve fair and reasonable compensation for their losses. However, the system requires that these damages be supported by evidence which can stand in court. Insurance companies whose interests are in conflict with the injured person will work through their attorneys or representatives to reduce their payments. The claims process may evolve into a battle where one side wins and the other loses. The amount of recovery thus depends on how prepared and experienced the team is that represents the injured person.

     A claim for damages is usually pursued on behalf of the injured person against the insurance agency of the party at fault. If the claim is not resolved, a lawsuit is filed. While the claim or lawsuit is pending, the injured person may also seek help from the following sources:

     Help from Doctors and Other Medical Providers – There may be specialists outside a person’s health care program who can help. Our law firm, because of our years of experience, has worked with medical experts who have assisted in the diagnoses, treatments, and preparation of care plans for our seriously injured clients.

     Help through Work-related Agencies – Persons who sustained injuries while performing their jobs may be entitled to worker’s compensation benefits. They are also entitled to disability benefits if their injuries prevent them from working. If the employer does not carry worker’s compensation insurance, the injured worker may obtain benefits from the California Uninsured Employers’ Fund or sue the employer.

     Help through COBRA – The Consolidated Omnibus Budget Reconciliation Act (COBRA) provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health insurance coverage that otherwise might be terminated.

     Help from CALWORKS - The CalWorks program provides temporary financial assistance and employment-focused services to families with minor children who have income and property below State maximum limits for their family size.

     Help from Medicare and MediCal - Medicare provides health insurance coverage to people who are aged 65 and over, or who meet other special criteria. Medi-Cal is California’s health program for eligible individuals and families with low incomes and resources. It is a program that is jointly funded by the state of California and the federal government.

     Help from State Disability Agencies – Disability insurance provides partial wage replacement to qualified workers who cannot work because of an injury or illness.

© Law Offices C. Joe Sayas, Jr.