*Note: This FAQ is for general reference only. The answers provided on this page may or may not relate directly to your case. As every case is different, it is best to talk directly with an attorney in order to explore the right legal option. Please call the Law Offices of Scott Warmth at (626) 380-9992 or at 1 (888) 500-2081 for a free consultation.
Personal Injury
1) What should I do if I get into an accident?
If you are involved in an auto accident, the first thing to do is to assess injuries you and others may have incurred. Once this is done, call the police. Even if you only suffered a minor injury, it is critical to inform the police and have it stated on the record in the Traffic Collision Report.
Record as much information about the accident as you can. Take photos and notes for future reference. Besides exchanging insurance information with every driver involved in the accident, try to find some witnesses who would be willing to volunteer their account of what happened. Witness testimony of your accident may help your claim if it is disputed.
Report your accident to the DMV and file a claim to the insurance company immediately. If you live in California, the traffic accident report you are required to fill out is called the SR 1. Failure to fill out this form in its entirety may result in the suspension of your drivers' license. It is always better to file your claim immediately rather than wait. If you and the other driver agree to settle the damage without the involvement of the insurance company, there is always a chance the other driver might change his/her mind if the repair costs are too high. By then, too much time may have passed and the insurance company may have more difficulty in assessing your claim.
2) How is fault determined in an accident?
Accident fault is decided by insurance companies, not by the police. A Traffic Collision Report written by a police officer is only considered to be evidence, not a final judgment on the cause of the accident. Insurance adjusters use the Traffic Collision Report in conjunction with other evidence to decide negligence.
Insurance companies use proprietary rules and formulas to determine fault. They analyze the negligence of each driver and then attribute percentages of fault. To determine accident fault, insurance companies will look at how well a person involved in an accident has fulfilled his or her "driver duties." These duties are "lookout, avoidance, and following the rules of the road." Drivers found to be negligent in these duties can be found at fault by insurance companies.
If insurance companies or the parties cannot determine between themselves who is at fault, then either party may seek determination of fault in a court of law. This will be the final adjudication of fault. The parties to the lawsuit may use either a jury or a judge to determine fault (i.e. liability).
3) What should I do if the opposing insurance company or legal representative contacts me?
Generally speaking, it is best to say as little as possible to the opposing party or insurance company to prevent incriminating yourself and hurting your claim in an ongoing case. If you are already represented by an attorney for property damage and personal injury incurred as the result of an accident, it is best to say nothing at all and transfer all questions to your attorney. Once you have retained an attorney for representation, all legal matters and questions other parties may have must pass through your attorney.
4) When will I get money from my personal injury claim?
Money is received after your case has been settled. Your settlement offer from the insurance company is based on a variety of factors including, but not limited to, the policy limits of the opposing party, the total cost of medical bills accumulated, and emotional pain and suffering. If you are dealing with a severe case of personal injury, it is best to hire a specialized attorney who is already familiar with these types of cases. Hiring a personal injury attorney who has had experience in this area of practice can help you negotiate a better settlement offer for your physical and emotional injuries.
Immigration
1) What is "intent to immigrate"? What types of visas are intent to immigrate?
Immigrant visas are for people wanting to become permanent residents in the United States, while Nonimmigrant Visas are for temporary visits such as studying, traveling, or tourism.
Immigrant visas include, but not limited to, the following categories:
2) What are the steps to filing a visa petition?
The steps to filing for a visa vary according to different requirements for different visas. If it is a visa based on academic or scholarship achievement, USCIS will most likely need proof of degree from your academic institution. If it is a visa based on family relationship, you will need to provide documents such as a birth certificate, marriage certificate and etc. Additionally, some visa applications require a recent medical examination for illnesses and other conditions.
Elder Abuse
1) What is Elder Abuse? Where can it occur?
Elder abuse is the physical and/or the mental abuse of a person aged 65 or older by an individual or entity with the responsibility of caring for that person. Elder abuse will also include the neglect, the abandonment, and the ill-treatment of an elderly person aged 65 or older. Elder abuse can occur in nursing facilities, in hospitals, and on private premises.
2) Will a nursing facility evict me if I claim elder abuse?
The right to claim elder abuse is guarenteed by law. No lawful eviction can occur without consent. Without consent, nursing facilities can only evict residents if a particular resident presents an immediate danger, if nursing fees are not paid, or if the facility is ceasing operation.
3) How can a medical or nursing facility avoid elder abuse?
There is no overarching way of avoiding elder abuse claims. However, facilities and individuals caring for the elderly should protect the mental and the physical well-being of patients. Such protections may include competent training for staff, clean hygenic conditions, and a credible source of nutrition for patients. Above all, facilities caring for elders should be sensitive to the needs of those under their care.
4) How can an attorney help in an elder abuse case?
Retaining an attorney is highly recommended as elder abuse cases involve a multitude of legal procedures. By working with the right attorney, it is easier to sort through the core issues of the case as well as gain access to advice and experience critical to a successful claim.
Bankruptcy
1) What does filing for bankruptcy afford me?
The level of bankruptcy protection is dependent upon the type of bankruptcy petition you are filing. In general, bankruptcy will alleviate pressure from unsecured debts. Unsecured debts are debts owed without collateral including credit cards. Bankruptcy also gives applicants time to reorganize their finances to better suit priorities.
2) What are the first steps to filing for bankruptcy?
During the start of the bankruptcy process, applicants must first participate in credit counseling prior to filing the petition. Counseling must be done through a U.S. Trustee's approved agency. Please see the U.S. Trustee's database of counseling agencies. For more information on the steps to filing for bankruptcy after counseling is done, please talk to a bankruptcy attorney at our office.
3) What are the requirements for starting the bankruptcy process?
There are a number of factors that determine if you can file for bankruptcy. One of the most important is that in order to file for bankruptcy, you must have filed taxes for the previous year. If you did not file taxes for the previous fiscal year, you may not be eligible for bankruptcy protection.
4) What kinds of bankruptcy are available?
There are several types of bankruptcy. Three major types are Chapter 7, Chapter 11, and Chapter 13.
- Chapter 7 involves the liquidation of personal assets to pay off existing debts. This type of filing allows an applicant to have a fresh start and gives an applicant a clean plate from which to start over.
- Chapter 11 is primarily used for businesses and corporations. During Chapter 11, businesses will attempt to reorganize their company structure with hopes of returning to profit. This may involve a business being bought in whole or in part by an outside investor.
- Chapter 13 bankruptcy is meant to allow debtors the chance of retaining their existing assets. However, in order to file Chapter 13, debtors must meet a set amount of requirements. Under Chapter 13, debtors propose an outline that seeks to pay their debts over a set amount of time.
