CONTRA COSTA COUNTY PERSONAL INJURY LAWYER 

Navigating a car accident case can be challenging, especially when you’re dealing with serious injuries. California’s car accident laws provide strong protections if you are injured in a car crash.   Our team of personal injury lawyers and paralegals represent only injured people.  We never represent auto insurance companies, only accident victims.  When you’re involved in a car accident in California, it’s essential to understand your rights and obligations. Here’s what you need to know:

What do you do Right After an Accident

1. Save your dash cam video if you have this.  (Article on cars with built in Dashcam Video)

2. Take pictures of your car, the other car, the streets, any debris from the accident.  Videos are good as well.

3. Get the names, phone numbers and emails of witnesses to the accident.  This is important.  Many “at fault” drivers invent stories after the fact.  You need witnesses unless the other driver admits fault to the police.

4. Exchange driver's license and insurance information.  Take a picture of their license plate.  Take pictures of their license and insurance information.  Don't just write it down.

Get Quality Medical Care

 Get medical care if you have injuries.  In Walnut Creek you have the John Muir emergency room, Kaiser emergency room and several urgent care medical centers including John Muir, Walnut Creek Urgent Care and Stat Med (in Lafayette).  There are many excellent orthopedists and chiropractors who specialize in treating people who have suffered personal injuries.  They may have some wait time so the ER or urgent care may be your best choice the day of the accident.

Remember that injuries are obvious to doctors and they can put a name on what you are suffering.  The name is important in an accident settlement.  To you it's just, “my neck hurts” or “I feel badly”.  But there is an expression among accident lawyers that an injury is not a “personal injury” unless a doctor says so.  

Insurance company lawyers tend to minimize your pain unless it has this “stamp of approval” from a licensed medical professional who certifies that you suffered the injury and that the injury was caused by (or made worse by) the accident.  This may not be fair ("Can't they trust what I say?") but it is reality.

A medical diagnosis can significantly aid in getting you the best personal injury recovery.  For example, did you know that you can suffer a concussion even if you don't “black out”?  If you start having headaches, blurred vision or other symptoms that needs to be documented.  Weeks of “feeling off” may actual be a diagnosable Sprain or Strain injury.  A formal diagnosis is useful in documenting your injuries so that you can obtain the best possible personal settlement.

Can I Recover if I have an Old Injury?

People ask, “If I already had an injury can I recover if the car accident made it worse?”  

The answer is “yes”.  

Think about it.  Do you know anyone who hasn't had some prior injury (after let's say the age of 18)?  Whatever the other driver made worse is their responsibility.  Any other rule would be unfair.

“What if I am out of shape?” 

 That is not their business.  Your personal health is your private business and they invaded it by causing an accident.  You have a right to be left alone.  If some is negligent and hurts you, they have to pay.

What are the Types of Damages in a Car Accident?

1. Medical Bills -  Hospital, ER, Urgent Care, Chiropractic, Physicial Therapy, medications
2. Property Damage -  Damage to your car, clothing damaged, items in the car that were damaged. 
3. Lost Wage, Income, Business - Financial Losses related to the Accident and not “just” lost wages. (Read about Economic Damages)
4. Pain & Suffering -  This is the day to day harm, loss of ability to do things, not being able to lift your children (or grandchildren), can't walk, can't sit and relax.  

5. Long Term Harm - These are the physical changes that will be get better and will burden you for a long time or even the rest of your life.
6. Emotional Injuries - PTSD, the reaction to pain, fear of losing one's job or business, depression are among the psychological harms that you can recover for.  

Learn more about Compensation for Injuries

Learn about Disk Injuries

Note Taking

Write down what hurts and what you cannot do.  People forget the details of just how much pain they are in after an accident.  When we help accident victims recover for their injuries it helps to have these notes so that you get fully compensated for everything you have suffered through following the accident.  If you don't like writing, dictate into your phone.

Minimum Insurance Requirements

1. Who Pays for My Car?

The first question many people as is “Who pays for my car”?   What usually happens is that your insurance company pays for the repair and the it seeks reimbursement from the other driver's policy to cover your deductible.  This works when the other driver is clearly at fault.  Otherwise an attorney may be necessary to recover your deductible.  Sometimes there is not enough insurance on the other side to pay for your car damage.

California accident law requires that that vehicle owners be financially responsible for accidents. This means that under the California Insurance Code all drivers must have at least $ 15,000 per person and a total of $ 30,000 insurance coverage.  This is expressed as 15/30/5 insurance coverage.  Specifically it means that they must cover:
a. $15,000 for injury or death to one person

b. $30,000 for injury or death to multiple people in a single accident 

c. $5,000 for property damage liability coverage.

2. Who Pays for My Injuries and Time off Work?

If the other person does not have insurance or if their insurance is too low to cover your injuries, don't worry, your own insurance will cover you.  This coverage will not raise your rates.  This protection is called “uninsured” or “underinsured” motorist coverage.  You should not have to pay for anything long term as long as there is enough insurance money to cover the expenses.  Now keep in mind that if someone does not have much insurance, your own policy may protect you and you can (and our lawyers have), gone after the other driver's bank accounts, stocks and even houses.

Learn more about Time Lost from Work

Learn more about Uninsured Drivers.

Reporting the Accident

Drivers must report the crash to the California DMV within 10 days if anyone involved was injured (even if it seems like a minor injury).  Vehicle Code section 20008 says that the driver of any vehicle  in a car accident must, within 24 hours, make a written report of the crash to the California Highway Patrol or if the accident is in a city, to the police department.  This is only if someone is hurt.      

Don't worry if you have not done this.  We can handle this for you even if you waited more than 10 days.

 No Fee Unless & Until You Recover

Our legal fee is ZERO until your case actually gets you money.  When your injury case settles or results in a jury verdict at trial, the attorney fee is a percentage of your recovery.   We have taken many personal injury cases to trial and arbitration with excellent results.

 Why Call Our Accident Lawyers?

We understand that there are many excellent personal injury lawyers in the Walnut Creek area.  Here are some differentiators that make our office the top choice for accident law in Contra Costa County.

Unmatched Personal Injury Experience - What We Do Particularly Well

Personal Injury Chiropractor & Law School Graduate

Our personal injury team is expert in proving that you were the victim in the accident.  We move quickly to collect evidence before it disappears.   Our paralegals have extensive medical experience so we  identify and document your injuries so that you are fully compensated.  Our accident case paralegal Michael Yates is both a law school graduate and a licensed chiropractor.   

MBA for Business & Financial Damages

Our financial damage demands are reviewed by MBA and law student Molly Northrup.

Trial Lawyer

The trial lawyer aspect of our practice is a distinguishing factor.  For example, we know that in a wrongful death case having a child's baseball glove handed to the jury for examination is far more powerful than a photograph or a verbal explanation alone.  We gather physical items in wrongful death or serious disability cases in anticipation of a possible jury trial.  We even bring these items to settlement mediations!   

We are Truly Local & Our Service is Personal

Finding the right firm for your personal injury case is personal.  A car accident is a life disruption and you deserve a lawyer who has dedicated his practice meeting his client's needs.  We often see our clients locally whether at Trader Joe's (right across the street from our Lafayette office) or around town.   Unlike firms that advertise as “Lafayette Accident Lawyers” only to have your call answered somewhere in Los Angeles, when we pick up the phone were are 1700 miles away from Los Angeles, at our Lafayette office.  

 We distinguish our practice by personal attention to your needs.  Most of our lawyers and legal team live in Contra Costa County (Lafayette, Walnut Creek).  We answer our own phones and there are always lawyers and paralegals physically at the Lafayette office.

Diverse Experience

When choosing among the highly qualified lawyers expertise with your type of case, your type of injuries and the personal “click” between you, your lawyer and their staff are the most important factors in choosing between the many top lawyers in this community.  For example, Michael Yates as both a law school graduate and chiropractor has seen thousands of people injured in car accidents.  He is particularly skilled working with medical issues such as complex orthopedic injuries, trauma from head injuries and long term whiplash and other sprain and strain injuries.   Brooke O'Rourke worked in at Physicians Advocates (Walnut Creek) for many years and personally knows many of the physicians who provide medical treatment for our clients.  Molly Northrup is a UC Santa Barbara graduate whose parents are both veterinarians in Napa.  She holds an MBA is about to take California Bar exam.  Our lead attorney Daniel Horowitz has done everything from booking Fleetwood Mac (late 1970's) to representing the Prime Minister of Ukraine.  His trial experience is legendary and he has many multi million dollar verdicts and settlements.  He has litigated against our Vice President Kamala Harris and has been featured many times in newspapers including the San Francisco Chronicle.  He is a member of the National Association of Distinguished Counsel and is AV rated by Martindale Hubbell and 10 rated by AVVO.

Personal Relationships Matter

Accident cases have a level of pressure and tension associated with obtaining top dollar.  Trust and communication reduce stress and are important factors in selecting the best lawyer for your case and your needs.  When Daniel Horowitz and his legal team represent you, we care and you will know we care.

 In Office Training

Our in office training program requires all staff and attorneys to regularly attend continuing education seminars in personal injury law, medical law and medical issues.  Every single person working on your personal injury case has this additional and ongoing training.  Daniel Horowitz is also a regular lecturer and publisher on legal issues for continuing education providers and local bar organizations.  He has previously been a law school professor and professor teaching for the paralegal training program at Cal State Hayward.

Contra Costa Location - National Reputation

Daniel has represented many high profile clients including author Terry McMillan, talk show host Michael Savage, actor Al Pacino and many others.  Daniel is a regular television commentator seen on CNN, Fox News and MSNBC.  His international cases have taken him to courtrooms in Ukraine, Cypress, Canada, Israel and The Netherlands.

Trial Experience Results in Larger Settlements

A personal injury law firm settles most car accident cases without a trial.  You will receive a better settlement when the insurance company lawyers know that your attorney can back up his settlement demands in front of a jury.  Daniel Horowitz' personal injury trials have been in Walnut Creek, Oakland, Stockton, San Francisco and Colusa County.  These include from freeway wrongful death auto crashes, cases against John Muir Hospital in Walnut Creek/Concord, motorcycle vs. auto accidents, an elevator death and car accidents from low impact to multi-car crashes with major injuries.

TYPES OF ACCIDENT CASES WE HANDLE

• Car accidents
• Motorcycle accidents
• Medical malpractice
• Motorcycle accidents
• Boat Accidents
• Catastrophic & Long Term Injuries
• Elder Abuse
• Pre-existing Injuries Made Worse by Accident
• Product defects
• Bicycle accidents
• Pedestrian vs. Car accidents
• Slip and fall accidents
• Dog Bites 
• Truck accidents 
• Wrongful birth
• Wrongful death
• Wrongful life 

Notable Verdicts & Settlements

Daniel Horowitz has been the lawyer in many successful cases.  Here are some of them.

•  Wrongful Death  Muni Bus Accident (Settled)  [San Francisco] (confidential amount)
•  Wrongful Death  Child Falls Down Elevator Shaft (Settled) [San Francisco] (Settled over $ 1 million dollars)
• Wrongful Death (Auto) (Jury Verdict) [Colusa]
• Barry Bonds 700th Home run “Ball Dispute” $ 804,000 for Client 
• Oakland Housing Authority Case - 1991 Sixty Minutes News Story 
• Child Molest Victim recovers from Stepfather (Settled) [El Sobrante] (Confidential settlement)
• Rape Victim recovers from Landlord (Settled) [Oakland] (Confidential Settlement)
• Young Man Shot by Neighbor (Settled) [Oakland] (Confidential Settlement)
• Child Struck by Car and Severely Injured (Settled) [Oakland] (Confidential Settlement)
• Homeless Man shot by Security Guard (Settled) [Oakland] ($ 75,000)
• Chiropractor  Arrested, Charges Dropped, Sues Prosecutors  [Stockton] (Confidential Settlement) [Charges Dropped Court Docket]  
• $ 15 Million Dollar Victory Against Actor Mel Gibson [Los Angeles] [News Story Detailing Victory Against Mel Gibson]
• Police Corruption Suit Against City of Pittsburg (Contra Costa County)  See: Civil Complaint
•  Motorcycle Struck by Car (Settled) [Stockton] ($ 3,000,000)
• Citizen Raped by Police Officer   (Trial Verdict-United States District Court) [Oakland] $ 822,000
• Michael Savage v Original Talk Radio Network Inc Wins Large Award and Freedom for Talk Show Host
• Arbuckle v California Board of Chiropractic Examiners   Over $ 2 million collected (Trial in Sacramento)
• Multiple Settlements in Excess of $ 1,000,000 (One Million Dollars)
• Victory Radio Show Superstar Michael Savage [News Story Detailing Victory for Michael Savage] 
• $ 2 Million Dollar Horowitz Victory Against Party Bus Insurer for Rape on Bus – [San Francisco] Upheld by Courts [News Story detailing Bus Company Lawsuit Victory]
• Police Corruption Lawsuit Against City of Pittsburg led to dozens of criminal cases being dismissed.  (See LA Times Article)   See Lawsuit filed by Horowitz & Carmela Caramagno (Lawsuit)
• Litigation (Wrongful Termination) vs. Pacific Urology - Verdict of $ 1.7 Million including personal injuries (intentional infliction), business damages, attorney's fees and all intellectual property awarded to plaintiff valued in excess of $ 2 million. (Walnut Creek)

PERSONAL INJURY POSTS - BY DAN HOROWITZ

What are the Basic Speed Laws in California?

What Should I Know About Concussions & Car Accidents?

What Can I Get Paid For After an Accident?

What if the Other Driver Doesn't Have Insurance?

Video - Car vs. Motorcycle (We Obtained this Evidence Days After the Accident)

When Do You Have to Drive BELOW the Speed Limit?

Can You Appeal a Car Accident Case After Losing at Trial? (A Walnut Creek Case Discussed)

Can a Jury Be Told that the Other Side Has Car Accident Insurance?

What Do You Do (In California) After a Car Accident?

How Much Value Does Your Car Lose After an Accident?

Adult Child Living at Home - Insurance Coverage (New Court Case Decision)

Car Accident Concussion Claims - Do you have to be “Knocked Out”?

Can a Pedestrian Jaywalk and Still Recover if a Car Hits him/her?

Car Accident Injuries - What is a Strain?  What is a Sprain?

Can You Get a Concussion in a Car Accident without Blacking Out?

What are your Treatment Options if a Car Accident Causes a Bulging Disc?

Is there a Lifetime Car Seatbelt Warranty?

What should I do if a Dog Bites Me?

Overdriving Headlights in a Wrongful Death Case

What is the Medi-Cal 50% Rule?

Truck “No Zones” - Blind Spots & Liability

Can You Recover Money for a Car Accident if You Were Not Wearing Your Seatlbelt?