Blog Archives

Should I file a lawsuit or settlement my personal injury case?

6/21/2018

There are many factors that affect whether or not you should file a lawsuit in your personal injury case. Generally, I don't like to file a lawsuit unless other diplomatic efforts fail. However, just because diplomacy fails doesn't automatically mean you should file a lawsuit. Here are some factors an experienced personal injury lawyer will weigh when recommending whether or not filing a lawsuit would be prudent:

1) The age of the plaintiff and the age of the defendant. Jurors are generally biased against young people and older people. I'm not saying it's right, but it is a reality.

2) The "likability" factor of all parties. Look, to some extent this is like high school all over again - people vote for people they like and against people they dislike.

3) The persuasive ability of the other party's lawyer. Let's face it, if you are going up against a very good lawyer, you have to take that into consideration - no matter how good the facts are for your side of the case.

4) The willingness of all the parties to go to trial. Trials can take a financial and emotional toll on everyone.

5) Anticipated costs of going to trial. Sometimes you are better off accepting the offer on the table. In some cases, you might end up with less even if you recover more from a jury...simply because you are incurring some pretty steep costs.

6) The speed with which you will actually get a trial date. When this posting was made, California courts were closing courtrooms and laying off personnel. Trial dates are being assigned about a year from now.

7) The trial judge. In some cases, the judge may demonstrate a bias against you or your lawyer. Some plainly favor the other party. It's important to know how the judge may act since the judge will likely rule on many issues during the trial. You might have a great case, but if the judge is going to give your lawyer a hard time, you need to be aware of that issue.

8) You need to know what the available insurance limits are. What good is a judgment in excess of the policy limits if your chances of recovering the excess are very low?

9) Are the injuries severe? Juries don't award much unless there is a serious injury. Bad whiplash usually doesn't impress them.

10) Is the medical documentation strong and are the doctors willing to testify? Sometimes, simply getting doctors to agree to testify is nothing short of a miracle. It gets especially difficult if the doctors are affiliated with a larger outfit like Kaiser or Facey.

11) The likelihood you will persuade a jury you will need future care.

12) Is there residual injury or scarring?

13) How many liens are there on the case and how much are they?

14) Do you have the stomach for litigation? In my many years as a lawyer, I can't ever recall a client (plaintiff or defense) who enjoyed the lawsuit process.

These are just some of the considerations you should weigh when deciding whether or not to file a lawsuit in a case.

When you are a victim of a hit-and-run accident

6/9/2018

You’re driving along a busy street when suddenly you notice a car approaching rapidly from behind. It’s changing lanes erratically, barely missing other vehicles as it continues to approach you. Finally, you get hit from behind. You are stunned. You start to pull off to the side of the road when you notice the responsible vehicle is speeding away from the accident scene. They obviously have no intention of sticking around to exchange information with you. You suddenly get the eerie feeling that you are the victim of a hit and run accident. Whatever you do not chase the other vehicle. You might be tempted to do so in an effort to get the license plate number but that might be very dangerous.

The first thing you should do if you are involved in a hit and run accident is pull over to a safe place and write down as much information about the responsible party as you can recall. Ask any passengers you have to assist you. If you glanced at the license plate, try to remember as much as you can and write it down as soon as possible. Even having the make, model, and color of the responsible party's vehicle can be helpful. See if you can remember the direction it was headed right before the accident. Also see if you can notice any damage the car may have sustained.

Take pictures of your vehicle and all the damage from the accident. Try to take the pictures of the surrounding accident scene as well. Most cell phones will offer timestamp photos. Maybe you can even take a video. Ask any witnesses at the scene to describe what they saw and do your best to write down. Ask them for their names and contact information so you and your insurance company might be able to get in touch with them in the future.

Make sure you call the police. In some cases, the police may not come to the scene if no one is injured or if there is minor damage. However, many insurance companies require you notify the police and obtain a police report after a hit and run accident. If that is the case, make sure you file a police report at some point, either at the scene or later on at the police station. You want to make sure you follow the rules of your insurance contract.

Call your insurance company and report the accident soon after (maybe even the same day if you can). Make sure you are accurate and truthful. Provide any witness information to your adjuster along with the police information (report number, etc.). If you have uninsured motorist coverage, that could come in very handy if you were injured in an accident with a hit and run driver. In some cases, the police might be able to find the hit and run driver. There might be penalties imposed on the driver including serious penalties and fines.

How long will it take for my injury case to resolve?

6/6/2018

Clients often wonder how long their case will take. One of my clients recently emailed me and asked, "Have they made an offer on my case yet?" I explained, "Well, you haven't finished treating with your doctors yet, and we don't know the extent of your bills or injuries. Therefore, we haven't formally presented your case to the insurance company yet. As such, they haven't made an offer on your case."

Clients sometimes want to put the cart before the horse. They want to hurry things along. They think the insurance company is going to make them an offer quickly, at the outset of their case. I think this is because people still think certain body parts are worth a certain amount. I really don't know why this is, but I often have to explain to clients that the insurance company for the responsible party is not going to make an offer on the case prematurely. The case has to be "ripe" before an offer is made. True, sometimes an insurance company will make you a paltry offer at the beginning of your case, but that's only because they are hoping you will take their low-ball offer and go away.

Therefore, to answer the question "How long will my personal injury case take?" there are many factors to consider:

(1) Are you still treating for your injury and what is the extent of your injury? The more serious your injury, the longer things will take.

(2) How much money are you asking for? The more you ask for, the longer your case will take.

(3) Is the adjuster handling your case overworked? Some adjusters are handling 200 cases at a time. You are simply one of many and they will get to your case when they can.

(4) Is the adjuster competent? Some adjusters never answer their phone or return phone calls. This can also delay your case.

(5) Are you providing your lawyer with the information and documentation he/she requests in a timely manner? Some of my clients are very helpful and responsive and some think documents are going to magically appear on my desk. The more responsive my client is, the more quickly I can present their case.

Therefore, while most personal injury cases resolve within 4 to 5 months, that doesn't mean your particular case will resolve within the same time frame.

If you have been involved is a personal injury accident in Santa Clarita or its surrounding areas, call attorney Robert Mansour at (661) 414-7100 for a free consultation.