Frequently Asked Questions

The term “bodily injury claim” usually refers to a personal injury sustained by an individual. These claims usually involve economic or special damages and general damages.Special damages are those damages which usually refer to lost wages, medical bills, rental car expenses, and other direct monetary damages. General damages traditionally refer to pain, suffering, and distress. When you are trying to settle your claim, make sure that you obtain fair compensation for all available damages that you sustained.

A valid personal injury claim requires you to demonstrate that you have been injured due to someone else’s fault and have sustained damages. Injury claims require the injured party to demonstrate two specific elements known as liability and damages. Consulting a California personal injury lawyer can be essential in determining the validity of your claim.

Negligence is the failure to use reasonable care. In other words, negligence is any conduct that falls below the standard of care established by law to protect others from the unreasonable risk of harm.

A personal injury is a physical or mental injury sustained by a person as a result of someone else’s negligence or harmful act. There are many different types of actions which can result in personal injury. Some of these include:

  • Automobile Accident
  • Motorcycle Accidents
  • Defective Product Injuries (product liability)
  • Wrongful Death
  • Home Accidents

Yes. It is a common practice for healthcare providers to be paid out of personal injury recoveries. Most health insurance policies have language which requires the insurance company to be repaid for the amount of money they have paid on medical bills if the injured person receives a personal injury settlement.

In most situations, motorcycle accident injuries are significantly more severe than automobile accident injuries. The failure of motorists to “see” motorcyclists causes many motorcycle accidents each year. If you have been involved in a motorcycle accident, you may be facing significant losses. Damage to your motorcycle is probably not your biggest worry as you begin to incur significant medical bills and missed time from work. Unfortunately, many motorcycle accidents result in a fatality.

Injured motorcyclists need to contact a skilled motorcycle injury lawyer to assist them with their claim. Insurance companies must be contacted, a police report should be filed, and witnesses need to be gathered and statements accumulated. If you need legal help with your motorcycle accident claim, contact Law Office of Gene Halavanau. We will help you receive the monetary compensation you deserve.

If you have uninsured motorist coverage on your own vehicle under your own policy of insurance, you may be able to recover under you own policy. Be sure to contact an attorney for review of your situation. Payment of these types of claims under your policy should not result in an increase in your premium, or a cancellation of your coverage.

Your attorney can seek to recover your medical expenses from the individual or company at fault in your accident along with other types of compensation. In many instances, your attorney can recover from your own insurance policy if the coverage allows.

Almost all personal injury claims are defended by insurance company lawyers and paid by insurance, so the person or corporation you sue will not necessarily have to pay any money out-of-pocket. A personal injury claim is a civil case, not a criminal case, and the defendant will generally not go to jail because of the claim.