Personal Injury & Estate Planning FAQs

In handling personal injury cases and conducting estate planning in the California counties of Santa Barbara and San Luis Obispo, attorney Mac Sanborn frequently encounters the following questions from clients. If you have further questions or need help with estate planning matter or a personal injury or wrongful death claim, contact McCleary H. Sanborn, III, Attorney at Law, for a free consultation.

Personal Injury FAQs

Q. What do I do if I have been in an accident?
A. First, seek emergency medical attention for yourself and any others who may need it. Before leaving the scene, obtain information from the other driver, such as name, address, driver's license number, and insurance policy information. Also, obtain contact information from any witnesses to the accident. If possible, take pictures of the scene of the accident from various angles, including the damage to both vehicles and any other property damage. If you were unable due to your injuries to give a statement to police, obtain a copy of the police accident report as soon as you are able, and review it for accuracy from your point of view.

Regardless of whether or not you received emergency treatment at the scene or in a hospital, follow up for a thorough examination with your regular doctor as soon as possible. Also, contact an attorney who can further advise you as to your legal rights and assist you in taking the appropriate steps. It is not advisable to deal with an insurance company, whether your own or the other driver's, until you have first spoken to an experienced personal injury lawyer.

Q. What is the statute of limitations?
A.  In most personal injury cases, you have up to two years from the date of the accident or injury to file a lawsuit. If you do not file within that time frame, you are forever barred from bringing suit. For this reason, it is important to consult with an attorney at an early stage, so as to ensure that you do not miss any vital deadlines. Negotiations with an insurance company can easily drag on past this point, and you may be so consumed with medical bills and expenses and your own recuperation that the statute of limitations passes before you even realize it.

Q. How much can I collect in a personal injury lawsuit?
A. You are entitled to recover economic and non-economic damages for your injuries. Economic damages include present and future medical expenses, property damage, and lost wages from missed work or diminished earning capacity in the future. Non-economic damages encompass pain and suffering, mental anguish, and other forms of emotional distress.

Estate Planning FAQs

Q. What is "estate planning"?
A. While most people think of estate planning as drafting wills and trusts to distribute one's estate to heirs and beneficiaries upon death, a comprehensive estate plan will also deal with how one's life, health, personal, and legal affairs will be handled in the event of physical or mental incapacity that renders one incapable of making or communicating these decisions for oneself. We look at the "whole package" in our approach to estate planning, helping clients draw up all necessary documents, from advance health care directives and durable powers of attorney to revocable living trusts and pour-over wills, to ensure that all of your estate planning needs are covered.

Q. How can I avoid probate?
A. The most common vehicle for avoiding the cost and time delays associated with probate administration is a properly-drafted and funded trust, but there are other probate-avoiding mechanisms available, such as holding title in joint tenancy or community property with right of survivorship, and beneficiary designations on life insurance policies, retirement benefit accounts and other assets. An experienced estate planning attorney can explain your options and help you determine an effective strategy for meeting your goals and objectives.