Areas of Practice
 
 
Personal Injury - Auto

 
FREQUENTLY ASKED QUESTIONS

Question:
Why should I hire an attorney rather than directly deal with an insurance company myself?
Answer:
In my 30 years of experience as an attorney, I have come to realize that we need attorneys because there are insurance companies. You can certainly try to resolve your personal injury claim directly with an adjuster for an insurance company, and thereby hopefully avoid paying an attorney one-third of the settlement value. Those of you do, however, will quickly learn that the insurance companies do not have your best interests at heart. They will take advantage of you and will "low ball" the value of your claim. After all, insurance companies are interested in making a profit and will hold on to their money as long as they can.

Attorneys with experience are like medical doctors with experience. If you have symptoms of a medical condition, most of you will seek medical advice for a diagnosis. The same analysis should apply when you have experienced an unfortunate injury at the hands of another. Why not seek legal advice to determine the best way to resolve your problem? What harm can it do? My law firm will provide you with a free consultation on any injury case. If you were to take time out of your busy day, come to my office, and see an attorney for a personal consultation for just one hour, you will walk away with a lot more knowledge of what to do than you had before the visit. Knowledge is power and taking control!

Question:
Do you charge for a consultation in "personal injury" case?
Answer:
The answer is "no". In some cases, if you call my office, a free consultation can be provided over the telephone. You can also use the internet address posted at this web site. All telephone and internet inquiries will be answered within 24 hours.
Question:
Is there a time limit for an injured person to file a lawsuit against the responsible party?
Answer:
The answer is "yes". Since 2002, it has been the law in the State of California that, in most cases, an injured person must file a lawsuit against the parties responsible for his or her injury within two (2) years from the date of the injury. If the injured person is a minor under the age of 18 years, he or she has two (2) years from the date he or she reaches 18 years old to file the lawsuit.

Just to be safe, however, I do advise prospective clients to seek prompt legal assistance after an injury. By "prompt", I mean within one week of the injury in question, or at least as soon as your particular circumstances would permit you to do so.

Question:
What kind of automobile accident cases are you looking for?
Answer:
In automobile accident cases, there are two general issues: liability and damages. Over the years, I have seen many solid liability cases. A perfect example is the accident where you are rear-ended at a stoplight by another motorist. This is a 100% liability case. However, if you are not injured or are only slightly injured in this accident, the case does not have much value ... your own insurance company will take care of the collision damage on your vehicle and probably your rental car expense and medical bill payments up to $5,000 (if you have rental car reimbursement and medical pay reimbursement types of coverage on your own insurance policy).

Therefore, my law firm is looking for the "damage" case. In other words, liability may be "thin" (e.g. a contested situation as to which party ran the red light), but damages are of a higher value than the normal soft tissue injury case. Since the mid-1990's, insurance companies of negligent drivers have been successful in persuading members of the general public that their insurance premiums will increase if they award considerable damages in cases where there is a soft tissue injury such as "whiplash" or "sore back". Juries in Orange County have bought into the insurance company propaganda, and they typically award little or nothing in the way of monetary damages to the injured party.

Perhaps, some of you reading this are in the group who have successfully been convinced by insurance companies that your premiums will increase if you sit on a jury and award fair and reasonable damages for a soft tissue injury. In this case, the insurance companies are correct — premiums will increase if juries suddenly get religion and fairly compensate a person for a soft tissue injury. Nevertheless, such injuries are real to the person experiencing them. There is no reason why you should not be compensated for a debilitating soft tissue injury, but, in the current times, you must keep your expectations on a realistic level. You cannot overtreat with a chiropractor or a physical therapist and expect a significant return from a lawsuit.

The situation is different with respect to broken bones, disc herniations (and bulges and protrusions), and more severe injuries. Here, juries are more sympathetic and will award damages dependent on your injury.

Question:
What types of damages are awardable in an automobile accident case?
Answer:
If you are injured as a result of a vehicular accident, you can expect to receive compensation for unpaid medical bills, loss of income, and damages for physical and emotional pain and suffering. In most accident cases, punitive damages are not awardable, with the most notable exception being if you are injured in an accident by a drunk driver.
Question:
What promises can you make and keep that other attorneys do not or will not?
Answer:
I cannot speak for all attorneys in this area that practice automobile accident law. This is what I can promise: (a) a free consultation; (b) return of inquiries within 24 hours; (c) compassionate representation; (d) representation at a reasonable contingent fee and the ability to advance legal costs to fund the litigation; and, (e) experienced advice by an attorney who is recognized within this community as someone who gets outstanding results. I am not a "shrinking violet", and I am not a fan of insurance companies.