Accidents happen all the time, but when you suffer injuries because of someone else’s negligence, you may feel frustrated and overwhelmed. Dealing with insurance companies and the complex legal process can add to your stress, making recovery more difficult. Fortunately, with the help of the experienced Los Angeles personal injury lawyers at Callahan & Blaine, you do not have to face it alone. We utilize our extensive knowledge and advanced negotiation and litigation skills to give you the best chance of securing the compensation you deserve.
Our seasoned team consists of 29 lawyers, each with at least eight years of experience. Every team member brings a unique skill set that helps enhance your claim and meet your needs. Our proven track record of success includes unprecedented verdicts, such as the largest bad faith insurance judgment in Orange County history worth $58 million, contributing to our 40-year legacy. This demonstrates our ability to take on complex personal injury claims with an aggressive and comprehensive approach that allows you to focus on recovery.
What to Do Immediately After an Accident
If you were harmed in an accident due to someone’s negligence, the steps you take immediately afterward significantly impact the outcome of any potential legal claim. Take the following steps to protect your rights and prepare for a possible personal injury claim:
Ensure Your Safety and Get Medical Attention
Your first priority should be your health and safety. Move to a safe location if possible and assess your injuries. Even if you do not think you are seriously hurt, you must seek medical attention immediately. Some injuries may not show symptoms right away, and having a medical record right after the accident can be important in a personal injury claim.
Report the Accident
Depending on the type of accident, it may need to be reported to the police (e.g., car accidents) or to the property owner (e.g., slip and fall incidents). A report creates an official record of the event, which can be vital for your claim. Obtain a copy of the report for your records.
Document Everything
Take photographs of your injuries and the scene, as well as anything else that might be relevant, such as road conditions, signage, or obstacles that contributed to the accident. Write down everything you remember about the accident as soon as possible, including the time, date, and conditions. Write down the names and contact information of any witnesses. Documenting these details can help your attorney build a strong case.
Exchange Information
If your injury involves another party, such as in a car accident, make sure to exchange information with other drivers involved, such as contact and insurance details. Do not discuss fault or apologize at the scene, as these statements could be used against you later.
Speak to Your Insurance Company
Inform your insurance representative about the accident as soon as possible. Be factual about the incident and your injuries. Avoid giving detailed statements or signing anything from an insurance adjuster without consulting your attorney.
Keep Track of Medical Treatments and Expenses
Maintain a detailed record of all treatments, prescriptions, and other expenses related to your injury. This includes doctor visits, physical therapy, and any assistive devices needed. These records are crucial for demonstrating the extent and impact of your injuries.
Avoid Social Media
Do not post any information about your accident or injuries on social media. Insurance adjusters and defense attorneys may monitor your profiles to find evidence that could undermine your claim.
Consult with a Personal Injury Attorney
Speak with the personal injury attorneys at Callahan & Blaine, who can provide legal advice specific to your case. Our team helps navigate the complexities of injury claims, negotiate with insurance entities on your behalf, and fight to recover compensation. Having the Callahan & Blaine lawyers on your side means you can focus on healing during this time, leaving the legal process to us.
Follow Through with All Medical Advice
Continue to follow all medical advice and attend all follow-up appointments. Your compliance with medical advice helps your recovery and also strengthens your personal injury claim by showing that you have taken your recovery seriously.
What Is Considered Personal Injury in California?
Personal injury or tort law is a legal framework intended to compensate those who have suffered physical, emotional, or financial damages due to someone else’s negligence. At Callahan & Blaine, we have experience handling several types of complex personal injury claims, including the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Product liability
- Brain injuries
- Pedestrian accidents
- Premises liability
- Spinal injuries
- Wrongful death
Whether your claim involves one person, multiple parties, or large corporations, we have the skill, knowledge, and resources to conduct a detailed investigation and develop an effective strategy.
What Is the Personal Injury Claim Process?
When initiating a personal injury claim, you may be overwhelmed by what to do next. You may think insurance entities are on your side. However, as businesses, they only look out for their own best interest and may lowball the compensation you need to fully recover from injuries.
The following is a simple guide to what you can expect if you decide to pursue a personal injury claim:
Consultation With an Attorney
First, you must consult with the qualified attorneys at Callahan & Blaine who have focused knowledge of personal injury law. During this, you will discuss the details of your case, the injuries you have sustained, and any financial losses you have incurred. Our team will evaluate the merits of your claim and advise you on the best course of action.
Investigation of Your Claim
Once you decide to proceed with your claim, your Callahan & Blaine attorney will begin a thorough investigation. This includes obtaining evidence such as medical records, reports, eyewitness statements, and other documentation that supports your case. We will also work with experts in fields such as accident reconstruction or healthcare to strengthen your claim.
Filing the Lawsuit
If a fair settlement cannot be reached with the insurance company or the opposing party, your Callahan & Blaine attorney will file a lawsuit on your behalf. This step involves drafting and submitting legal documents that outline your claim and the damages you are seeking.
The Discovery Phase
After the lawsuit is filed, the case enters the discovery phase, where both parties exchange information and evidence that is relevant to the case. This phase may include depositions, requests for documents, and interrogatories that allow each party to fully understand the other’s claims and defenses.
Mediation and Negotiation
Before the trial, there is often an opportunity for mediation, which is led by a neutral third party that attempts to facilitate a settlement between the involved parties. If mediation is successful, it can save time and legal expenses. If not, the case moves forward to trial.
Trial
If a favorable settlement is not reached, the case will go to trial. During this, all sides will present evidence and arguments, and a judge or jury will reach a verdict regarding the liability and damages. The trial can be a lengthy process, but it provides an opportunity for victims to seek justice through the legal system.
Settlement and Collection
If the trial or negotiation results in a favorable outcome for you, the final step is to collect the settlement or judgment awarded. Your attorney will help manage the collection process to make sure you recover the compensation you are entitled to.
Elements of a Los Angeles Personal Injury Claim
California is an at-fault state, which means personal injury victims must seek compensation through the liable party’s insurance. Therefore, developing a strong claim that identifies a liable party, demonstrates their negligence, and shows the damages you suffered is essential. Our skilled Los Angeles personal injury lawyers help you establish these elements and achieve just compensation.
PROVING FAULT
To establish negligence, your claim must prove the following four points:
- The liable party owed you a duty of care.
- They breached this duty and acted negligently.
- This negligence directly caused the accident and your injuries.
- Your injuries resulted in damages.
We gather evidence, like medical bills, police reports, video footage, and witness testimony, to clearly prove fault and hold the negligent party accountable. In personal injury claims involving defective products or extremely hazardous activities, the responsible party may be liable regardless of fault.
POTENTIALLY RECOVERABLE DAMAGES
Personal injuries can impact all aspects of your life, so we consider every detail when presenting your case. Depending on the severity of your injuries and details of your claim, you may recover costs of the following:
- Past, present, and future medical bills
- Lost wages from missed work
- Property damage
- Prescribed medications
- Physical therapy
- Pain and suffering
- Loss of consortium
- Emotional distress
We thoroughly assess your injuries and how they have impacted your life to determine your claim’s worth. We understand your injuries can have long-term effects, so we include these losses in your claim to help you achieve fair compensation.
Tactics Insurance Companies Use to Devalue Your Personal Injury Claim
When you file a personal injury claim, dealing with insurance companies can be challenging. These companies have several strategies to reduce the amount they pay out. Recognizing these tactics can help you and your attorney counteract them effectively.
The following are some common strategies that insurance companies use to devalue claims:
Quick Settlement Offers
Often, insurance companies offer a quick settlement to claimants. This tactic is used to avoid a larger payout before the full extent of the injuries and damages can be assessed. These initial offers may seem tempting, especially when facing mounting medical bills, but they rarely cover all past and future expenses related to the injury.
Disputing Medical Treatments
Insurance adjusters may question the necessity of medical treatments or the duration of your recovery to challenge the severity of your injuries. They might claim that the treatments were excessive or unrelated to the accident. This can significantly lower the value of your claim if not properly justified with medical records and expert testimony.
Requesting Unnecessary Information
Sometimes, insurance companies request extensive and seemingly irrelevant information about your medical history or personal life. This tactic aims to find pre-existing conditions or other factors they can use to dispute your current injuries were not caused by the incident.
Surveillance and Social Media Monitoring
Insurers often monitor claimants to find evidence that contradicts the claimed injuries. This might include physical surveillance or scrutinizing your social media profiles. Photos or posts that suggest you are more physically able than claimed can be used against you in your case.
Misrepresenting Insurance Policy Terms
Insurance representatives might attempt to misinterpret the language in their policy documents to claimants, suggesting that certain damages are not covered under the policy. It is crucial to review your insurance policy thoroughly and have a legal professional interpret the terms to ensure that the insurers are not denying coverage unjustly.
Employing Delay Tactics
Delaying the processing of claims is a common strategy used to pressure the injured party into settling for less. By prolonging the claim, insurers capitalize on the financial strain the injured party may be facing, hoping that the need for immediate funds will lead to a lower settlement.
Using Statements Against You
Insurance adjusters often encourage claimants to give a recorded statement early in the process. Anything you say can be taken out of context or used to minimize the insurer’s liability. It is advisable to consult with an attorney before providing any statements to ensure that your words do not inadvertently damage your claim.
Denying Claims Outright
In some cases, insurance companies deny claims outright without a valid basis. This can be an intimidation tactic, expecting that some claimants will not challenge the denial. Having robust legal representation can be crucial in these situations to appeal the denial and fight for rightful compensation.
It is in your best interest to work with an experienced personal injury attorney at Callahan & Blaine who can advocate on your behalf and protect your interests throughout the process.
Why Hire a Lawyer to Help With Your Los Angeles Personal Injury Claim?
Consulting with an experienced Los Angeles personal injury attorney is essential for navigating the intricacies of the legal process. Doing so allows you to focus on healing while giving you the best chance of securing the compensation you deserve. Our powerhouse personal injury lawyers at Callahan & Blaine in Los Angeles have handled all types of complicated personal injury claims, achieving several multi-million dollar settlements. In addition, we are perfectly positioned to manage your claim in the following ways:
- Insurance knowledge: Our Managing Partner, Edward Susuolik, has handled over 1,500 mediations in the last 33 years as a leading insurance expert in the United States. This gives us a high level of insurance expertise to develop nuanced strategies.
- Stunning results: Our robust team and effective solutions have achieved unprecedented jury verdicts, including the largest in Orange County history worth $934 million and a 12-0 jury vote after a two-month trial in a major employment case brought against one of Orange County’s largest corporations.
- Trial experience: We are trial lawyers at our core. If your claim cannot be settled out of court, we are fully prepared to confidently present a compelling case to a judge and jury if necessary.
Not only do we handle every element of your claim with utmost attention and professionalism, but we do so within California law’s two-year statute of limitations. This way, you can take full advantage of your opportunity to receive compensation while knowing your claim is in the right hands.
What to Ask Your Personal Injury Lawyer During a Consultation?
Working with the right personal injury lawyer is vital for the success of your case. A consultation is not just an opportunity for the lawyer to learn about your case but also for you to assess whether the lawyer is a good fit for your needs. The following are essential questions to ask during your initial consultation to ensure you find the right attorney:
- What is your experience with personal injury cases similar to mine? Understanding the lawyer’s experience with cases like yours can help you gauge their experience and likelihood of success. Ask for specifics about cases they have handled and outcomes they have achieved.
- Who will handle my case? In some law firms, the lawyer you meet during the consultation may not be the one who actually handles your case. Determine who your primary contact will be and who will be working on your case day-to-day. Ask about the experience and qualifications of all team members involved.
- What are the possible outcomes of my case? While no attorney is able to guarantee a specific outcome, they should be able to outline potential scenarios based on their experience. Understanding the best and worst-case scenarios can help you set realistic expectations.
- How do you charge for your services? Generally, personal injury lawyers work on a contingency fee basis–they only get paid if a settlement is achieved or win at trial. Ensure you understand what percentage of the recovery they will claim, whether they charge for expenses regardless of the outcome, and how these costs are calculated.
- What is the estimated time frame for resolution? Ask about the typical timeline for a case like yours from start to finish, including factors that could potentially speed up or delay resolution. This information can help you plan for the coming months.
- How will we communicate throughout the case? Communication is key in any legal relationship. Ask how often you may expect updates and who to contact with questions. Confirm whether you will communicate directly with your lawyer or through a paralegal or assistant.
- What is your approach to settling versus going to trial? Some lawyers are more inclined to settle cases quickly, while others are more willing to go to trial if it means a better outcome. Understanding your lawyer’s strategy can align your expectations with their methods.
- Can you provide references from past clients? Hearing from past clients can provide insights into the lawyer’s effectiveness, professionalism, and client service. If privacy policies permit, ask for references or testimonials.
- What do you need from me to get started? Knowing what documents, information, and actions are required from you can help expedite the process. Ask for a specific list of what you need to provide and any deadlines associated with these requirements.
- What are the potential challenges in my case? Every case has its hurdles. A skilled lawyer should be able to foresee potential challenges and discuss how they plan to address them. This question can also help you understand how the lawyer handles complications and their problem-solving skills.
At Callahan & Blaine, we have built a reputation as one of California’s premier litigation firms over the last 40 years. Our team of seasoned trial attorneys has successfully secured multi-million-dollar settlements, including the largest personal injury settlement in U.S. history. We have the experience and resources to handle even the most complex personal injury cases.
With over 700 years of combined trial experience, our attorneys provide strategic guidance tailored to protect your interests and maximize your compensation. Our attorneys are committed to delivering results, and we may be able to help you secure the compensation you deserve.
Learn More About Your Personal Injury Claim With the Knowledgeable Lawyers at Callahan & Blaine
If you are facing the aftermath of a personal injury, it is crucial to have expert legal guidance on your side. This is where Callahan & Blaine steps in. With a legacy spanning 40 years, our firm specializes in navigating the complexities of personal injury cases. Our robust team is composed of 29 seasoned Los Angeles personal injury attorneys, each with a minimum of eight years in the field, giving us the confidence to take on your claim and advocate for your rights.
We understand that this period in your life can be overwhelming. That is why our team is dedicated to taking on the legal challenges, allowing you to concentrate on your recovery and well-being. To schedule a consultation, call us at 714-241-4444 or fill out our contact form.
