Understanding the personal injury lawsuit process in California

4/21/2023

Whether or not you should file a lawsuit in your personal injury cases depends on many factors. However, if your case is solid, and if there is a strong likelihood a jury would return a verdict well in excess of your costs/fees, it might make sense to file. In California, a personal injury lawsuit typically goes through several phases, including:

Pre-filing: The injured party (claimant) may consult with a lawyer to evaluate his/her case and determine whether to file a lawsuit. If they decide to file a lawsuit, the attorney will draft a complaint and file it with the court. There are filing fees involved depending on a variety of factors. Ideally, if you can, try to settle your case before filing a lawsuit if it makes sense.
Discovery: This phase involves both sides to the lawsuit gathering evidence through various means - typically, depositions, interrogatories, and requests for documents. Both parties exchange information to build their cases. If you have residual injury from your accident, the other party might ask that you be examined by their own doctor.
Pre-trial: This phase may include arbitration, mediation, and informal settlement negotiations. The goal is to resolve the case before it goes to trial, but if a settlement cannot be reached, the case proceeds to trial. If you settle the case prior to trial, you have some control over the outcome. Otherwise, you are often leaving the decision to 12 jurors who don't know you from Adam. Some may even resent you for bringing the claim if they don't think it's worthy. Many jurors have given up a week or more of their lives. If they feel your claim is modest, they may take it out on you and your lawyer with a lousy verdict.
Trial: During the trial, each party presents their case to a judge or jury, and the decision is made based on the evidence presented. While your lawyer will do his/her best, there is no controlling what a judge or jury will do. Some jurisdictions are notoriously stingy when it comes to awarding money in injury cases.
Post-trial: This phase involves appeals, if either party disagrees with the verdict.

Some strategies that may be effective in a personal injury lawsuit include:

Gathering strong compelling evidence, including medical records, helpfull witnesses, and expert opinions.
Hiring an experienced attorney who specializes in personal injury cases.
Documenting everything related to the injury, including medical bills, lost wages, and pain and suffering. If something is not mentioned in your medical records or otherwise documented, it's as if it never happened.
Keep things civil with the other party and/or their insurance company. Sometimes, taking a very antagonistic position can backfire.

Remember that filing a lawsuit should not be taken lightly. If things do go well, you may be on the hook for significant costs and fees. While your lawyer may choose to advance the costs in order to present your case, those costs are usually deducted from the verdict.

Social media might ruin your personal injury case

4/19/2023

Insurance companies have a new friend on their side – the social networking system! Now more than ever, insurance adjusters are researching plaintiffs on the internet. Go ahead and type your name in the Google search box and see what happens. Not only that, there are other websites that keep basic data about people including where they live, real estate they own, and much more. All they have to do is type your name and search for you on Google, Yahoo!, Bing, etc.

If you are claiming personal injury from an accident or other event, you can’t be seen running a marathon the next day or participating in a gymnastics competition a few days later. Don’t go skiing in Lake Tahoe that week! If you claim you injured your back, don’t be caught the next week playing a game of basketball with your friends. If you are injured in an auto accident, you have to act injured. If your actions are not consistent with your claim, it can come back to haunt you.

The insurance companies are getting savvy. They know that some people post their every move on Facebook, Twitter, Instagram, and other social networking sites. Heck, I use Facebook to promote my law practice and keep in touch with family and friends, but some folks literally post everything they do (from having breakfast to going to the bank) on these websites. While we can debate the merits of doing so, the insurance companies really love it. Postings, photos, videos…it’s all there for them to see. All they have to do is search for your name, and many times, they can find you doing exactly what you shouldn’t be doing!

Keep in mind, in this day and age, you don’t have total control over what gets posted. You may not be the one to post a video of yourself but a friend of yours might do so. You could be “tagged” in a photo on Facebook that ruins your whole case. Therefore, it’s not just your actions that matter. Don’t put yourself in a situation that could compromise your case. Plus, if you are truly injured, you should be taking it easy anyway.

When I worked for a major insurance company as a defense lawyer, there were many times when we sensed the individual claiming injury was either simply lying through their teeth, or at the very least, greatly exaggerating the claim. In some cases, plaintiffs would “bootstrap” all their prior ailments to an accident.

Check your bank account – the insurance companies have more money than you. They will hire investigators to follow you around and take video of you carrying heavy groceries, playing at the park with your kids, and playing a game of pick-up basketball with your friends on the weekend. Therefore, it doesn’t even have to be the social networks….they will find you acting inconsistently with your claimed injury and they will show that footage on a big-screen TV for a jury. The jury WILL hold it against you.

If you are trying to take advantage of the system, then shame on you. The system is designed to protect people….not to make a quick buck. Therefore, don’t compromise your perfectly decent injury case by acting inconsistently with your injury. Remember…these days, everyone is watching.

Pain Management Injections

4/12/2023

If you’ve had a serious injury from a car accident, then you might be experiencing some nerve pain. If traditional physical therapy and other treatments don’t help, you might need to entertain epidural steroid injections to minimize the pain. Another option is a joint block which involves the injection of a local anesthetic and steroid where your pelvis and spine meet. You have to work closely with a pain management specialist to assist you with these treatments.

Epidural steroid injections decrease inflammation which often helps relieve the pain. It is commonly performed in a doctor's office with a local anesthetic. However, in some cases, you may need to go to a surgical facility with conscious sedation (or in some cases go completely under). The injection helps decrease inflammation and swelling of the spine so the nerves aren't as affected. This reduction of inflammation is caused by injecting a steroid into the epidural space where the pain is located. The pain relief can last from a few days to a few months. If it doesn’t work the first time, your pain management doctor might recommend a second or third round of injections.

Joint blocks helps relieve sciatic pain. It involves an injection of a local anesthetic to the sacroiliac joint. It can take 3 to 5 days to fully take effect. Ultimately, these types of treatments may provide an accident victim who has tried all other conservative treatments several months of relief. However, in some cases where the pain keeps recurring, a doctor may discuss the option of surgery (which is almost always the option of last resort). Every patient is different and so you should work closely with your pain management doctor and other healthcare professionals.

If you've been involved in a serious accident and need assistance or guidance, please call our office at (661) 414-7100 to see if we can help you.