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Been injured by a governmental entity?

In California, you ordinarily have two years from the date of an injury to file a lawsuit against a negligent party (the "statute of limitations"). Certain factors can modify that general rule, however, and that’s one reason among several why you should contact an experienced, competent personal injury attorney as soon as you realize you may have an injury case.

One situation where the amount of time you have to make a claim is shortened is when a government or governmental agency is involved.

The rule when a California governmental entity is involved is that you only have six months to present a Notice of Claim to the proper governmental entity or entities.

You might run into this situation if you have been injured on public transit like BART or MUNI or if you have slipped and fallen on a defective city-owned sidewalk. This can be tricky because sometimes it is not immediately clear if an entity is a governmental entity or which entities might be responsible for a certain condition.

There is a huge body of case law in California where inexperienced injury victims and even experienced lawyers failed to make their claims in time and the injury victim’s case was lost. The Courts are quite unforgiving and don’t care if your dog ate your homework. As a result of a mere technicality, you could lose all of your recovery rights.

This is one of many reasons why it is critical not to go it alone and to hire a qualified injury attorney without delay when you have been injured as a result of the negligence of another.   

If you have been injured through no fault of your own, the best thing you can do to protect your rights is to contact a qualified injury attorney right away. We’ve seen many cases that would have been good cases if not for delay so don’t let this happen to you. If you have any questions about an injury or a government claim, call us at (415) 578-3510 or email me at wes@wakefordlaw.com  

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Road Use Is a Shared Responsibility

Like most urban centers, as San Francisco’s population grows, its streets are becoming more crowded. More people means more cars, motorcycles, busses, trains, scooters, bikes, and pedestrians. The streets are changing as rapidly the times we live in. Not only are there more people using the same space, the streets are also constantly being reconfigured. Lanes are being repurposed for bicyclists and parking spaces are turning into outdoor seating. And when things go wrong, as they do, people have a tendency to segregate themselves into factions and point fingers at each other. Each road user sees the streets and the surrounding users from her own perspective. Collisions, injuries and even death are not the fault of any one type of road user. It is misguided to label and alienate others and deny the reality of our joint responsibility. Instead of finding reasons to differentiate ourselves, let’s all take more time, be more careful and respect one another, regardless of whatever mode of transportation we may choose. The best way to make our streets safer is to remember that all of us, however we choose to travel, have an equal right to the road.

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Tenant Lawyers for San Francisco Evictions

We are currently fighting multiple tenant evictions in San Francisco. The pace of these evictions is really heating up. We see our friends and neighbors lives' being turned upside down. Their fear and panic is heartbreaking even if you take the side of the developers and speculators in this raging debate. If you need help fighting an eviction, call me at (415) 578-3510 or email to wes@wakefordlaw.com

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Five Rules for Dealing with Doctors After a Car Accident

Rule #1: Don't Delay in Seeking Medical Treatment

It may seem obvious, but it's best to go to a doctor right away to get checked out, even if you don't feel that you've been injured. The insurance companies will look at the time from the accident to when you sought treatment.

Rule #2: Your Doctor Is Not Your Lawyer

Many doctors -- like orthopedists, physical therapists and neurologist who see a lot of people in accidents -- may want to give you legal help. They may steer you to a lawyer and tell you how to deal with the insurance company. The last thing you want is advice that is not in your best interests concerning the insurance company. Insurance companies will track if the doctor sends all of his patients to a particular lawyer, and use this information against you.

Rule #3: Factor in Your Injury with Your Ability to Work

If you are injured, you will miss time from work. If your doctor gives you an off-work slip, it's important that your doctor actually know what you do for a living -- whether it's heavy manual labor or office work.

Rule #4: Keep Up With Your Treatment and Appointments

Glass commented that many of us feel better and stop going for treatments. If you don't get better and the pain or disability lingers, and you were told to go for four weeks of treatment and you only went for one week, the insurance company will use this against you, and say your pain your fault.

Rule #5: Keep Good Medical Records

If you're dealing with an insurance company, it will have you sign a medical release and get your records. You should get those records first and look at them. "We've seen cases where the doctor mixed up patient A with patient B. At least know what's in there so that you can correct it if need be, before it goes to the insurance company," Glass said.

 

Credit to: http://www.personalinjury.com/blog/five-rules-dealing-doctors-after-car-accident

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The Wakeford Law Firm is becoming Wakeford Gelini

Wesley Wakeford and The Wakeford Law Firm are merging with the Law Offices of Kelley Gelini to form Wakeford Gelini. We have over 30 years of combined legal experience and will be representing clients in personal injury and general civil litigation matters. 

The general civil litigation matters we handle include real estate, commercial lease negotiations, commercial lease dispute litigation, neighbor disputes and residential tenants' rights. 

We look forward to a long and prosperous partnership zealously advocating for our clients.  

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