Why do I need an attorney?

Why do I need an attorney? 

There are a million reasons, but one thing I always tell my clients is that without representation, the defense knows there is no credible threat of litigation. Litigation refers to the process of filing a Summons and Complaint in Superior Court and making arguments to judges and juries. This is the only means available of compelling the defense to adequately compensate you for your injuries. Taking a case to trial requires preparing and responding to discovery, taking depositions, filing and arguing motions, retaining expert witnesses to testify on your behalf. Knowing this is the only way to compel a fair result and knowing an individual is unlikely to successfully take on such a daunting task on his or her own, the defense is free to make whatever low ball offers they choose and the injured victim is left without fair compensation for his or her injuries. When a client hires me to represent their interests, the defense knows I am willing to go the distance to see that the client receives fair compensation. 

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How Does a Contingent Fee Agreement Work?

How Does a Contingent Fee Agreement Work?

In simple and easy to understand words, This means that if there is no recovery for you, there is no fee for me .  Years of litigating cases has allowed me the opportunity to develop an experienced team of expert witnesses, investigators and paralegals that I can use to achieve the best possible outcome for my clients. By preparing the case for trial from the very outset, we send a message to the defense that we are willing to go the distance to make sure we achieve a recovery that fairly and adequately compensates our clients for their injuries. 

After finishing in the top ten percent of my first year class and receiving an invitation to joint the Law Review at CalWestern, I graduated Cum Laude with honors and went on to found my own personal injury firm. I have since recovered millions for my clients by developing an aggressive approach towards resolution. My commitment to my clients is to treat their interests as if they were my own.

My first concern when a client contacts me is to determine whether he or she is getting the appropriate medical care and treatment needed to properly address the injuries he or she sustained. I have excellent working relationships with physicians all over the greater San Diego area. I can refer clients to medical doctors, orthopedists, neurosurgeons and physical therapists that can properly assess the extent of their injuries and determine what is needed to help the client recovery from his or her injuries as quickly as possible.

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What kinds of damages can I recover?

What kinds of damages can I recover?

In a personal injury action, damages are divided into two categories: special damages and general damages. Special damages are those that have a definitive number like medical bills and lost income. General damages are things like physical pain, anxiety, emotional distress, loss of enjoyment of life, and disfigurement. Each of these is a separate and distinct harm that deserves individual consideration. By maintaining open communication and staying familiar with each of my clients, I am able to adequately argue these damages to a jury.

When should I hire an attorney?

When should I hire an attorney?

As soon as possible. I can’t tell you how many clients have come to me after attempting to make their claims on their own and there was simply nothing I could do for them because they waited too long without understanding the process. Evidence may need to be preserved. Investigators may need to take statements from witnesses and photographs of evidence that can disappear with time. One example that comes to mind is a case I litigated involving a head on collision. One of my clients was a 10 year old boy that suffered intestinal perforations. A key piece of evidence ended up being the edge of a roadway that was paved over two months after the accident. Fortunately we were able to preserve the evidence before this happened, but potential clients frequently come to me too late after trying to resolve the case on their own.
The bottom line is that you need a trained professional from the beginning to advise the client on the pitfalls that can take away any ability to recover. 

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Working with an INDIVIDUAL personal injury ATTORNEY Vs. a LARGE personal injury law firm

Concierge medicine is catching on and for good reason.  The same phenomenon exists in the legal profession.  Could a concierge attorney be the answer? 

More and more it is becoming increasingly difficult for individuals to have enough time to have their concerns heard by a physician.  You may have already experienced this.  You spend a total of five minutes with the doctor talking as fast as you can to describe your problems and symptoms.  He listens to around five percent of what you said and you leave with a bill for hundreds of dollars wondering if the doctor had your best interests in mind or was focused on getting you in and out of the office so that he can get to his next patient.  

A claim for personal injury is no different.  In order to obtain full value for your claim and get the best possible result, you need an attorney who can devote sufficient time to your claim.  An attorney who can take the time to listen to the details of your injuries and the negative impact to your life.  Again, if you are looking around for an attorney you may have experienced just the opposite. Your call is screened by a secretary and you talk as fast as you can trying to tell your story.  Then you are transferred to a paralegal and you repeat it.  Then you are transferred to a new attorney with no experience.  If the firm does decide to take your case, you are lucky if you have had an opportunity even once to speak to the attorney whose name is on the door.  

 

You do not have to settle for this kind of representation.  You deserve an attorney who will make himself or herself available to you to address your questions and concerns as they arise.  You are entering into a partnership and in order for that partnership to be successful, open communication is crucial.  Establishing a personal relationship with each client gives me the power to communicate their interests as if they were my own.  

Do not settle for having your case lost in the file room at a giant firm.  Your claim deserves personal attention, and so do you.  Having a personal relationship with your attorney permits communication and communication is the key to a successful claim.  Demand to have a personal relationship with the attorney who expects to be paid for representing your interests.  

I work transparently and will explain each point of this process as clearly as possible and will relentlessly fight for your rights or the rights of your loved one.

I do not charge fees up front or charge by the hour, instead I represent my clients on a contingency-fee basis. This means nothing is owed unless I successfully recover money on your behalf. Contact me today for a free case evaluation.

Top Ten Considerations for Car Accident Victims

Getting into a car accident can be a traumatic and confusing experience. Follow these ten steps to help protect your legal rights.

 

1

Call the Police

Having an objective party, in this case the reporting officer, can be critical to a successful claim. The officer will prepare a report with contact and vehicle information of everyone involved in the accident. Most of the time, that is. On some occasions, if the injuries are not severe, the officer may elect not to prepare a report. Urge him to do so any way. If he still refuses, following the other steps listed below should still protect you.

2

Get the Other Driver's Information

Not just insurance information, but also his or her name, address, phone number, license plate number, driver's license number and any other identifying information you can obtain. If your insurance claim fails and you have to file a complaint in Court, this information could be critical in moving forward with the case or having an empty chair in the Court room.

3

Get Witness Information

Equally important. I don't know how many cases I've had where the claim went no where because it was one driver's word against the other. Look around for bystanders or other individuals that may have seen the accident. Get their phone number and address. Ask them if they are ok with being contacted to provide a brief statement about what they saw. They will appreciate this courtesy later when you don't have to compel their testimony in court with a subpoena.

4

Take Pictures

Most people have a camara on their phone, but its a good idea to keep a cheap disposable one in your glove just in case. Pretend you are on CSI and take as many detailed photos as you can. This may be the only chance you have to obtain critical evidence.

5

Go to the Doctor as Soon as Possible

Many people elect to wait to see a doctor to give their injuries time to heal. Waiting too long, however, can open up arguments by the defense that there was an intervening event that caused your injury. Many of the physicians I have worked with have also told me that getting evaluation and treatment in the early stages of the injury can make a big difference in the patient's ability to recover completely.

6

Call Your Insurance Company

Report the accident immediately. Again, preservation of evidence may be an issue and you will want to get them involved.

7

But Don't Provide Recorded Statements

Not until after you have a chance to speak to an attorney. Everything you say is admissible in Court. Insurance companies can be expert in asking questions in a certain manner to elicit a response that can be misinterpreted to their advantage.

8

Check Your Insurance Coverage

Most people in my experience are underinsured for any kind of significant loss. Check to make sure you have medical payments coverage. Check your limits. Make sure you have Uninsured/Underinsured Motorist Coverage. This coverage should equal your Liability Coverage limits. Check the difference in the premium. The answer will surprise you. Most of the time you can obtain significantly higher coverage for an insignificantly higher premium every month.

9

Don't Fight or Argue with the Other Driver

This gets you nowhere. The individual with the cooler head is always the one that is believed over someone who is behaving childish and irrationally. You are not going to settle your claim at the scene of the accident and neither driver's conclusions about who is at fault is relevant. Just focus on staying calm and obtaining as much contact and identifying information as you can.

10

Consult an Attorney

Last but certainly not least. The earlier you contact an attorney the more ability he or she has to help you. Waiting too long can be devastating to our ability to recover anything for your injuries. Many potential clients come to me after they have tried to resolve the claim on their own and unfortunately there are instances where I can not help them. Its important to remember that the insurance company is unlikely to pay full value for claims when they know there is no credible threat of litigation. Without an attorney, you are unlikely to file a lawsuit to recover compensation and this is the only way to force the insurance company's hand to provide fair compensation. Insurance companies are businesses, not charity organizations. Their goal is to pay a little as possible on every claim. Obtaining an attorney is most frequently the only way to obtain fair value for your injuries.

Source: Avvo