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Chatsworth, California Metrolink Train Accident Tips For Victims and Their Families Pt 1
- By John Bisnar
- Published 10/24/2008
- Current Affairs
- Unrated
John Bisnar
John Bisnar is the founding partner of the Bisnar Chase personal injury law firm and the creator of BestAttorney.com. He is a leader and innovator in law office management, marketing and the creation of the "Client Experience". Visit http://www.californiatrainaccidents.com or call 888-265-0161.
View all articles by John Bisnar
First Things First. Attend to the needs of the injured and make appropriate arrangements for the deceased. There is nothing survivors and the families of the deceased need to do immediately to preserve their personal injury rights to compensation for their injuries and losses or investigating the train accident itself. Attend to the medical, emotional and spiritual needs of family members first.
Medical Expenses
Medical expenses for survivors and the deceased should be billed directly to available medical insurance. Use either private medical insurance, employment medical insurance, workers' compensation benefits or medical insurance through government programs before paying cash out of pocket (other than deductibles and co-pays). Do not pay cash out of pocket for medical expenses due without consulting with a knowledgeable train accident attorney about your rights and options, if paying these expenses will cause a financial hardship. Some expenses may not be your financial obligation to pay. Some may be covered through various forms of insurance. All will eventually be recoverable from those agencies responsible for the train collision.
Medical Liens
Do not sign a lien against a potential recovery for medical services unless you have no other alternative. Consult a knowledgeable personal injury attorney before signing a lien. By signing a lien you will be billed for medical service as a "cash" patient, incurring charges far in excess of those your insurance company would pay for those services. Some expenses may not be your financial obligation to pay.
Workers' Compensation Benefits
For any of the Metrolink train accident victims that were on the job at the time of the accident, by California state law, they are entitled to workers' compensation benefits, as are their family. For example, the train engineers and conductors are covered by their workers compensation benefits.
Also covered are anyone else who can be considered "in the course and scope" of their employment at the time of the accident. Workers' compensation benefits are available in addition to "third party" (personal injury) rights. Workers' compensation will immediately pay for medical expenses and provide some quick compensation for lost income. Work comp benefits will pay for burial, funeral and other death benefits as well. This is another area were victims and their families serve themselves well by consulting with attorneys skilled in the areas of both personal injury law and workers' compensation benefits.
Keeping Track Of Damages
Keep track of all expenses and losses incurred. Keep receipts. Keep notes of hardships, challenges, suffering and out-of-pocket expenses for later claims. Many claimants will use a calendar to make daily notes, in order that nothing is forgotten and the full measure of damages can be recovered. Some people will keep a daily diary in which they note all relevant expenses, losses and hardships. Be careful about your note taking. In some situations all of your notes will be discoverable by the defense attorneys. Do not put anything in your notes that you would not want the defense to see.
Burial And Funeral Expenses
Burial and funeral expenses are recoverable in a wrongful death action against those legally responsible for the death of a family member (California Approved Jury Instructions Numbers 3921 and 3922). Such expenses are traditionally paid in advance of services and long before any financial recovery is received from those responsible for a loved one's death.
Lost Income
Lost income and/or the lost ability to earn income due to injuries caused by the Metrolink train collision are recoverable from the parties at fault (California Approved Jury Instructions Numbers 3903C and 3903D) along with all other traditional California personal injury "damages", such as "pain & suffering", emotional upset, scaring, disfigurement, therapy, prescription medication, out-of-pocket expenses and so on.
Medical Expenses
Medical expenses for survivors and the deceased should be billed directly to available medical insurance. Use either private medical insurance, employment medical insurance, workers' compensation benefits or medical insurance through government programs before paying cash out of pocket (other than deductibles and co-pays). Do not pay cash out of pocket for medical expenses due without consulting with a knowledgeable train accident attorney about your rights and options, if paying these expenses will cause a financial hardship. Some expenses may not be your financial obligation to pay. Some may be covered through various forms of insurance. All will eventually be recoverable from those agencies responsible for the train collision.
Medical Liens
Do not sign a lien against a potential recovery for medical services unless you have no other alternative. Consult a knowledgeable personal injury attorney before signing a lien. By signing a lien you will be billed for medical service as a "cash" patient, incurring charges far in excess of those your insurance company would pay for those services. Some expenses may not be your financial obligation to pay.
Workers' Compensation Benefits
For any of the Metrolink train accident victims that were on the job at the time of the accident, by California state law, they are entitled to workers' compensation benefits, as are their family. For example, the train engineers and conductors are covered by their workers compensation benefits.
Keeping Track Of Damages
Keep track of all expenses and losses incurred. Keep receipts. Keep notes of hardships, challenges, suffering and out-of-pocket expenses for later claims. Many claimants will use a calendar to make daily notes, in order that nothing is forgotten and the full measure of damages can be recovered. Some people will keep a daily diary in which they note all relevant expenses, losses and hardships. Be careful about your note taking. In some situations all of your notes will be discoverable by the defense attorneys. Do not put anything in your notes that you would not want the defense to see.
Burial And Funeral Expenses
Burial and funeral expenses are recoverable in a wrongful death action against those legally responsible for the death of a family member (California Approved Jury Instructions Numbers 3921 and 3922). Such expenses are traditionally paid in advance of services and long before any financial recovery is received from those responsible for a loved one's death.
Lost Income
Lost income and/or the lost ability to earn income due to injuries caused by the Metrolink train collision are recoverable from the parties at fault (California Approved Jury Instructions Numbers 3903C and 3903D) along with all other traditional California personal injury "damages", such as "pain & suffering", emotional upset, scaring, disfigurement, therapy, prescription medication, out-of-pocket expenses and so on.
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