When Do I Get My Personal Injury Compensation Award?

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Those injured in a serious personal injury accident – as well as the surviving family members of decedents killed in a fatal injury accident – usually have two overriding concerns on their minds when they visit with a personal injury law firm. First, these injury victims and family members want to know if they have a viable case. Answering this question requires our legal team to analyze the facts and circumstances of the person’s situation and utilize our knowledge of the law to render an informed opinion as to whether the person has a realistic opportunity to recover compensation for his or her injuries and losses.

The second most common question – and an equally compelling question, too – that injury victims want answered is this: “How long will it take to get my compensation award?” This is understandable considering that many injury victims are facing significant financial hardships due to medical bills and decreased wages. Unfortunately, it is not always as easy to determine when an injury victim will actually get the money in his or her hands.

If Your Case Settles Before Trial

If you and the at-fault party in your civil action decide to settle your case, then the settlement agreement will usually indicate when and how the defendant in your case is to pay you. This is typically true if you and the defendant settled the case yourselves or if a mediator assisted in brokering the agreement. Because a settlement agreement should be an enforceable contract, you should be entitled to additional damages and/or other legal relief if the defendant fails to pay within the time specified.

If You Win Your Case at Trial

If your case proceeds to trial and you prevail, the judge will enter an order fixing the amount of compensation the defendant must pay and the time within which he or she should pay. This timeframe can be paused if the defendant decides to appeal the trial’s result, legal issues that arose during the trial, and/or the amount of compensation ordered by the court. If the defendant does file an appeal, then the defendant is usually not required to pay until after the appeal has been resolved. Depending on the number of cases that must be decided before your own at the appellate level, this can take months or (in some cases) years.

If You Arbitrate Your Case

If you submit your case to an arbitrator, the arbitrator will fix the amount of time the defendant has to pay you. However, like a trial, the defendant may be permitted to appeal the arbitrator’s decisions to a court (and then appeal any adverse decisions the court makes to an appellate court). Again, it can take months – or even years – in order for the case to be finally resolved in your favor and the defendant to begin making payments.

Case Barnet Law Firm is a California personal injury firm committed to helping injury victims recover the compensation they need following a catastrophic personal injury accident. Contact the firm at (949) 861-2990 today for assistance, or complete our firm’s online contact form.

Is Your Child at Risk of a Daycare Injury Accident?

 

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For many California parents, daycare is not a luxury – it is a necessity. When a parent lives away from friends and family members who are able to stay with the child with the parent is at work, a daycare facility is usually the parent’s last resort – somewhere where the child can be safe and supervised while the parent is away at work. When using a daycare facility, the parent may be lulled into a false sense of security: The regulations and laws with which a daycare facility in California must comply in order to continue operations can make a parent feel confident that their child will return to them from the daycare facility uninjured and in good health. This is not always the case, however.

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Common Daycare Injuries to Children

As much as parents may not wish to dwell on the thought, a daycare can be a dangerous place for a young child. Some children have been injured through deliberate acts inflicted upon them by daycare staff, but a child can suffer serious – even fatal – injuries simply because a daycare worker acted carelessly or had a momentary lapse of judgment. Just a few of the injuries that can befall a young child while at daycare include:

  •      Falls down steps or falls from heights which can lead to traumatic brain injuries, spinal cord injuries, or even death;
  •      Cuts and serious lacerations from sharp objects like scissors or knives that are left in areas accessible to children, or from sharp corners on tables and other furniture;
  •      Serious burns of various types. Chemical burns can result from being exposed to powerful cleaners and disinfectants (even the fumes can cause internal injuries). Electrical burns can come about if the child is permitted to play with an active electrical socket. Heat burns can occur when the child is permitted to touch a hot stove or radiator.
  •     Traumatic brain injuries, neck and back injuries, broken bones, and other injuries commonly associated with car accidents if the child is being transported in a daycare vehicle and the driver is involved in a crash.

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Parents of daycare-age children should carefully investigate a daycare facility before enrolling their children in the facility. Ensure that the facility is properly certified by the State of California. Tour the building and speak with the teachers, assistants, and staff. Does it appear that there are too many children and not enough adults? Are children supervised or do they appear to run wild? Are the facility, toys, and equipment in a good state of repair or are things falling apart? When it comes to your child’s safety, go with your gut – if you do not feel comfortable leaving your child at the facility for eight hours or more each day, it may be advisable to find another facility.

When to Call a Southern California Daycare Injury Attorney

If your child was injured while at a California daycare, you may be entitled to compensation for your expenses and losses. Contact Case Barnett Law Firm at (949) 861-2990 today, or contact us online to discuss your case.