Legal Help & Info

A: No! What they are really saying is “we don’t trust your doctor to tell us the truth”. If they have that attitude, it doesn’t take much imagination to know what will happen next.

A: No. Oftentimes I only meet with clients for the initial interview and then we can just talk over the phone. If we do have to go to court, it will take more time. I realize your time is important, so I don’t waste it.

A: It depends on the nature of your personal injury claim. I have settled smaller personal injury claims for the full amount my client wanted within 10 days and I have settled policy limits cases in as little as a few weeks. All cases are resolved on a case by case basis. Each case has its own unique qualities and there is no standard length of time that is required to obtain a settlement or verdict.

A: The vast majority of personal injury cases don’t go to trial. However, I treat each case as if it is going to be a trial, as you have to be willing to go to trial to maximize your settlement.

A: There’s no magic formula, but generally, the more serious the injury, the more the case is worth. Of course, the person or company that caused your accident has to have enough insurance and/or assets to pay that value. Our system is based on the principal that the person at fault has to pay for the damage they cause. The clearer the liability the better your case is. The value of a case is based on the combination of severity of the injury and the liability of the defendant along with that person’s ability to pay you have the value of the case.

A: The value of your car accident or personal injury insurance claim depends on the severity and permanency of your injuries. Contact me now for a free consultation so I can assess your claim and tell you what I think it is worth.

A: Oftentimes I can get insurance companies to substantially increase the amount of their settlement offer. If you have already received an offer for your injuries, contact me and I will let you know if I think it is a fair offer. I will not charge you for this consultation. If I do not beat their original offer to you, I will not charge you an attorney fee.

A: Usually not. They have already heard their own insured’s version of the accident. If their insurer told them he or she was not at fault, you have no chance of convincing the claims adjuster that you were in the right and their insured was in the wrong. Usually the person at an insurance company who takes statements has been taught how to ask questions in a way that may omit facts important to your case and make your answers somewhat distorted. In addition, if you have to go to court, that statement you gave the insurance adjuster can be used to impeach you. For instance, if you give a statement on the day after the accident and say that only your neck hurts, and a few days later you realize your shoulder also hurts, that contradiction would be used against you when you try to prove your shoulder injury in court.

A: Some health care providers including board certified medical specialists, hospitals, MRI centers, pharmacists, etc. are willing to provide health care services to our clients on a lien. They will wait until the conclusion of the case to get paid. Many of our clients choose this option even if they have health coverage with an HMO or PPO. An HMO or PPO is also entitled to be paid back from the proceeds of your case which means that obtaining private health care on a lien is an attractive option. Therefore, the choice of medical providers becomes what is most convenient for you and where you will get the best case.

A: Yes. If you have to dip into your sick leave or disability account the insurance company is not allowed to take credit or deduct that from your settlement.

A: You need to contact me and we can discuss your case. My consultation on a personal injury case is always free.

A: Yes, that is almost always the case. You would also be entitled to a rental car until your car is repaired. If you don’t rent a car, you are entitled to a “loss of use” payment to you for the equivalent rental value of your car for the period of time you are deprived of its use.

A: You do.

A: You can collect for your own bodily injuries through your own insurance policy if you have what is called “uninsured motorist” coverage. You can get your vehicle fixed under your collision coverage. You can get your medical bills paid by your Med Pay coverage or your health insurance. Your lost earnings may be paid by State Disability Insurance. All motor vehicle liability insurance policies sold in California are required to include uninsured motorist coverage unless you sign a waiver deleting it. Making a claim under the uninsured motorist coverage is tricky and you should have a lawyer represent you.

A: In California, the answer is complicated. If you were a passenger and not the owner of the vehicle, the answer is yes. If you were injured as a pedestrian, the answer is yes. If the driver that caused the accident was convicted of drunk driving, the answer is yes. In most other cases, where you are the owner or the driver of a car without liability insurance you will only be able to collect the actual value of your loss and will not be able to collect anything for “pain and suffering”. These rules are based on Proposition 213 passed by the voters a few years ago. Because there are many exceptions to the rule, you should call us for a free consultation.

A: After you have exhausted the insurance coverage you next look to the responsible person’s assets. However, most people who don’t have enough insurance usually don’t have enough assets either. If the responsible person was in the course and scope of their employment when the accident happened, their employer would also be responsible. Most employers have high limit insurance policies. We also look for excess or umbrella insurance policies. There may also be other defendants and other theories of recovery. Serious injury cases allow us to investigate unusual or obscure theories of law in order to recover full value for our injured client.

A: Many car insurance policies will cover you if you are injured in a bicycle accident or as a pedestrian on foot.

A: Yes, in California you can.

A: California has comparative negligence. That means if you were 25% at fault for an accident, you can still collect 75% of the value of your case. Therefore, the answer is yes, you can collect for your injuries even if the accident was partly your fault.

A: Usually this is accomplished through witnesses (including the parties to the accident) and an analysis of the physical evidence. In motor vehicle cases, there are usually police reports. Other situations are sometimes videotaped from surveillance cameras. Each case will present a different set of circumstances. As a general rule, collect as much information at the scene of the accident as you possibly can. Get names and other information from witnesses. If you have a camera take pictures if you think they will help you.

A: It depends on why you fell. To collect money damages, you will have to prove that the property owner was negligent. Common situations involve retailers allowing spills to remain on the sales floor after they learn about them. Other common slip/trip and fall situations usually involve uneven sidewalks, stairs, missing or detached hand rails, leaking refrigerated cases in supermarkets, and countless other unique situations. Each slip and fall has to be evaluated based on its individual facts. Call us to discuss the facts in your case. As in most cases, it always helps to get witnesses and to take photographs if possible.

A: Yes. The law is the other party has to take you as they find you. If you are more susceptible to any injury because of your previous back (or other medical) condition the insurance company is not allowed to decrease your settlement because of that pre-existing condition.

Please note that the above answers to these FAQ’s should not be construed as legal advice as all situations differ and you should always consult the advice of an lawyer before making any decisions regarding injury claims or other legal matters referred to herein. These answers are intended to provide general information only.