You Should Represent Yourself When:

1.  No injury or very tiny injury  

Your only serious loss is the damage to your auto. You did not hit your head or abdomen, injure any joints, tear any muscles or ligaments, or badly strain your neck or back.  You have no major cuts or bruises.  Any injuries you had were so minor they did not, and will never, require any medical treatment.  In this situation, you should insist that the responsible party’s insurance company pay to have your car fully repaired at your choice of auto repair shops, and forgo making any injury claim.     

 2.  Both you and the responsible party are uninsured  

If you are injured by a vehicle driven and owned by a person who has no insurance, but you have your own car insurance, you can claim against your own uninsured motorist insurance coverage and any umbrella insurance for your medical bills, lost wages, and pain and suffering.  Because your own insurance company will seek to minimize what it pays you in this situation, an experienced injury attorney is essential to obtaining a full settlement from your own insurer for an uninsured motorist claim if you have a serious injury. 

However, if neither you nor the other person has auto insurance, if there is no other owner of either car who has car insurance, if the other person has no substantial assets, and if you are certain that no other persons or businesses (such as the other person’s employer, a host that served alcohol to the other person when he was intoxicated, or the government entity that maintained the road) could possibly be responsible, you have nothing to gain by retaining an attorney to represent you.  Before you make this decision, though, you should at least consult with an experienced injury attorney to make sure you are not overlooking some possible source of compensation.

You Should Not Represent Yourself When:

Your injuries required at least $5,000 in medical treatment and the responsible party is insured or has assets, or you have your own vehicle insurance.  In this case, you should obtain an experienced lawyer because you cannot learn the complexities of California injury law quickly enough to fully protect yourself when dealing with insurance companies (even your own) and their lawyers.  They know you lack legal knowledge and injury case experience, and any threat you make to file a lawsuit will be meaningless to them.  They may try to drag out your case until it is too late for you to file a lawsuit, and they will relentlessly look for ways not to pay you, or to pay you as little as possible. 

If you are seriously injured and you file a lawsuit yourself, you will not receive any special help by the court, and will be expected to conduct your case as well as an experienced injury attorney would.  If you make a mistake in your court papers or presentation, your case can be thrown out and you may lose all of your rights to compensation for your injuries.  Even if you make no mistake, the fact that you are representing yourself will cause jurors and judges to speculate that your injuries are not very serious and do not deserve much in the way of an award. 

Since injury lawyers are only paid from the settlement or award they receive for you, they have every incentive to make sure you get as much compensation as possible.  They know when to hire experienced investigators, accident reconstructionists, and other experts to establish your claim.  They will present the insurance company with a legal demand for a settlement that includes a carefully written letter detailing the accident and its effect on you. To this they will attach carefully organized, professionally presented medical records, bills, photos, expert witness reports, and legal graphics showing the full value of your case. 

Your injury lawyer will also file court motions and other legal papers in proper format, prepare exhibits and present them properly, and seek out and subpoena the right witnesses and experts if your case goes to trial.  They will identify and argue complicated legal issues that can make a big difference to your rights to compensation.  Everything they do will be designed to show an insurance company and jury the full value of your case.  In virtually every serious injury case, the dollar value your injury lawyer adds to your settlement or award will far exceed their contingency fee.

Call San Diego Law Firm for Help with All Serious Injury Claims

If you have been injured in an accident and are unsure if you need an attorney, call the skilled injury lawyers at San Diego Law Firm for help.  We have years of experience in representing seriously injured accident victims, and we offer a no-charge, no-pressure consultation to review your case with you.  Please call San Diego Law Firm at (619) 794-0243 to schedule an appointment. We look forward to helping you.

First, it is crucial that your injury attorney and your bankruptcy attorney closely coordinate their work so as to best protect your rights as the victim.  A pending injury lawsuit, or even an unfiled potential lawsuit, is considered an asset that you must list when you file for bankruptcy.  If it is not listed and your debts are discharged in bankruptcy, your accidental injury case can be thrown out of court to prevent fraud on your creditors.  This unfortunate result can be avoided by being completely honest about the injury claim at the time you file bankruptcy.

Injury Claims and Chapter 7 Bankruptcy

If your injury lawsuit has not yet been filed, or has been filed but not resolved when you file Chapter 7 bankruptcy, California law allows your injury claim to be listed as an asset and claimed as “exempt” from bankruptcy.  If your claim does not result in a settlement or award until after your bankruptcy, then all the proceeds are paid to you (and your injury attorneys and any medical lien holders).

If it appears that your injury claim can be settled for more than the applicable bankruptcy exemption (see below), the bankruptcy trustee may want to take over your claim and attempt to settle it before the bankruptcy is over.  The trustee can hire your existing injury attorney or the trustee’s own choice of injury lawyer to accomplish this.  It will be up to the trustee to decide whether to accept or reject any settlement offer.

If injury case proceeds are paid while your Chapter 7 bankruptcy is pending, then the amount you keep depends on which exemption system you chose when your bankruptcy was filed. California has two different systems of exemptions, meaning two different lists of assets that you are allowed to keep, free from creditors’ claims, and you must choose between the two systems. One system allows you to exempt all personal injury proceeds, as long as they are necessary for your support, unless the proceeds are paid in installments, in which case a minimum of 75% is exempt. The other system allows you an exemption of up to $22,075 in out-of-pocket losses (such as lost wages), and up to $23,000 in a pain and suffering award, taken as part or all of a “wild card” exemption that you may use to exempt property or funds not covered by any other bankruptcy exemption.

Injury Claims and Chapter 13 Bankruptcy

In a Chapter 13 bankruptcy, you keep your property and use your disposable income to make a single, court-approved monthly payment that the trustee will distribute among your creditors.  You make monthly payments for the entire term of your bankruptcy, three to five years.  A personal injury settlement you receive during bankruptcy may or may not be considered “disposable income” that the bankruptcy court will decide can be used to increase your monthly payment.  Whether the court considers your settlement to be “disposable income” depends in part on whether you are likely to need the settlement to pay for your support and essential future medical treatment (such as a knee replacement).  It is crucial that your bankruptcy and injury attorneys work closely together to protect you and preserve as much of your settlement as possible for your use.

Call San Diego Law Firm for Help with All Serious Injury Claims

If you have been injured in an accident, are being harassed by bill collectors, and cannot decide how to proceed, call the injury lawyers at San Diego Law Firm for help.  We have years of experience in representing seriously injured accident victims, and our firm also has experienced bankruptcy attorneys available. We can negotiate and structure your injury settlement to put you in the best position to preserve your assets in either a Chapter 7 or Chapter 13 bankruptcy. In our role as injury lawyers, we can also work closely with your bankruptcy attorney, whether he or she is a member of our firm, or another law firm.  Please call San Diego Law Firm at (619) 794-0243 to schedule a consultation. We look forward to helping you.

Suppose you’re injured in an accident caused by one of these irresponsible motorists.   What then? 

If you have a standard California auto insurance policy, you have uninsured/underinsured motorist (UM/UIM) coverage.  This section of your policy pays up to a set amount – usually, your policy limits – for your injury expenses if you are injured in an accident that was the fault of an uninsured or underinsured motorist.  Covered injury expenses include pain and suffering, all types of medical bills, and lost pay.  This section covers you, or anyone named on your policy as an insured, even if you were struck by the uninsured motorist while you were on foot or riding a bicycle. If the accident occurred while you were driving your own car, your passengers are also covered.  In California, your insurance company cannot raise your rates or cancel your coverage for making a UM/UIM claim.

You may also have UM/UIM coverage for damage to your car and other property.  If you don’t, collision insurance may cover part or all of your car repair or replacement.  If you have an umbrella policy, it may also be available to pay for losses above and beyond your auto insurance limits.

So how do you claim UM/UIM coverage benefits?  You should start at the time of the accident:

1.  Always call the police to an accident scene.  The insurance company will review the police report to determine if the other driver was at fault, as this finding of fault is necessary for you to get UM/UIM benefits.

2.  Call your own insurance company’s 800-number while still at the accident scene, or as soon as you can afterwards, and give them the contact information of the other driver and any witnesses. This is sufficient notice to activate your insurance company’s duty to provide UM/IUM benefits if the accident was caused due to the fault of the uninsured or underinsured driver.

3.   Take photos, or have your family or friends take photos, of the accident scene and the cars, either at the scene or as soon as possible afterwards.  These can help reinforce your claim if your insurance company initially decides that the other driver may not have been at fault.

 4.  If you are injured, go to the emergency room immediately.  You will need to have a doctor document your injuries in order to protect your claim rights.  You will also need to follow the exact treatment he or she prescribes, both to protect your health and to protect your claim. You cannot get payment for injuries to the degree that they became worse because you failed to get medical treatment or follow the treatment plan. 

 5.  Remember that even though you are legally required to cooperate with your own insurance company, your insurance company will be looking for ways to refuse to pay you any UM/UIM benefits. It may make an effort to prove that you, rather than the other driver, caused the accident, and may claim that your injuries were not the result of the accident, but of some pre-existing condition, or something that happened after the accident. 

For this reason, when your insurance company contacts you about the accident, give short and simple answers confined to the facts.  Do not guess, apologize, or speculate about what you could have done differently, or about how quickly your injuries may heal or how quickly you may be able to return to work.  Do not say things that suggest your injuries may be due to something that happened at an earlier date – i.e., “whenever I have stress, my old back injury acts up.”  Remember that what you say to your insurance company can and will be used against you to deny your claim.

6.  If you have injuries that require medical treatment, call an experienced injury lawyer for help.  An experienced injury lawyer can negotiate with your insurance company on your behalf to get you the maximum recovery you deserve, including compensation for your lost pay and medical rehabilitation.  Studies show that people represented by a lawyer after an accident consistently end up with more money in their pocket even AFTER the attorney is paid.

If you have been injured in an accident caused by another person, call San Diego Law Firm’s experienced injury attorneys for help.  We offer accident victims a free consultation with an experienced accident and injury lawyer. Our fees are paid ONLY from the money we recover by settlement or in court; if we do not recover for you, there is no fee.  Although all lawsuits involve uncertainty, and we cannot guarantee any particular result, we have a track record of successful settlements and court awards in accident cases.  Please call us at (619) 794-0243 for the experienced and highly qualified legal help you need if you have been injured in an accident that was not your fault, including any accident where the other driver was uninsured or underinsured.

Tragic accidents can often raise questions about safety measures that should have been in place to prevent an accident. Here in San Diego, many of us have seen the news coverage about the recent Illinois State Fair tragedy caused when a concert stage collapsed during severe storms. USA Today reports that the first wrongful death lawsuit has been brought alleging that the accident was preventable and that the concert should have been cancelled after several warnings about the severe weather. The lawsuit was brought by a victim’s teenage daughter and by the victim’s life partner, although currently Illinois doesn’t allow life partners to recover damages in these cases.

California also limits who can sue for wrongful death, but California law gives registered domestic partners the right to sue for their partner’s wrongful death. Other survivors who can sue include the victim’s spouse, children, and certain other dependents. If there are none, then California’s “intestate succession” laws (inheritance laws when a person dies without a will) determine who is allowed to file the lawsuit.

Surviving family members suffer not only economic losses and expenses, but also the loss of companionship. Because of this, wrongful death actions often seek compensation for loss of financial support and expenses, and also for loss of love and companionship. More than many other cases, wrongful death lawsuits require a skilled attorney to navigate the many complex issues that come with proving not only wrongdoing, but also in advocating for and proving damages. As you can imagine, most of these losses can’t be easily calculated, because monetary compensation can never fully make up for the loss of a loved one. In some cases, certain relatives who witnessed the victim being harmed may also file a lawsuit for the infliction for emotional distress.

Tragedies, such as car accidents that could have been avoided, happen all too often. Our accident and injury attorneys have the compassion and skill needed in these complex cases as we work to help you and your family move toward recovery. Remember that the law always places limits on the amount of time you have to file a lawsuit. If your loved one has been lost or seriously injured in an accident caused in part or entirely by another person, contact San Diego Law Firm at (619) 794-0243 to have your case evaluated. There is no charge for the initial consultation on an injury case, and fees are paid only from the amounts we recover for you.

Overview of Mediation

Mediation is structured but not formal.  It typically takes place in a quiet setting, usually the offices of the mediator. The mediator works to help the parties find a mutually satisfactory solution to their disagreement, usually over the course of one to three days.   It is private, confidential and non-binding.  The parties, not the mediator, decide how the dispute will be resolved.

Who is the Mediator?

The mediator is a neutral third party selected and agreed on by both sides.  He or she is typically a lawyer or retired judge with years of experience in handling business and insurance disputes, and special training in resolving disputes.   The mediator’s fees and costs are shared equally by the parties unless they agree otherwise, and each party remains responsible for his or her own lawyer’s fees.

Mediation Process

The mediation often begins with a meeting between all parties and the mediator where the mediator explains the process and sets a schedule.  The mediator then meets with each party and their lawyers separately for confidential sessions.  These sessions allow each party to explain their side of the conflict, while the mediator helps them identify solutions that might satisfy them.  These solutions are not always financial – they may involve having the other party fulfill an obligation or perform a task, or accept some future responsibility.

The mediator assists each party equally, and does not favor one party over the other, or favor any particular result.  The final agreement must be the product of fully informed and voluntary decisions by each party.  All of the terms agreed on are then put into a written settlement agreement that both parties sign.  A settlement agreement can provide that if one party does not perform, the other party can enforce the agreement in court or litigate the original dispute.

Outcome

A recent study found that parties are more likely to comply with the terms of a negotiated agreement than they are with a court decision, mostly because the parties have a role in developing a mediated solution and therefore feel responsible for it.  This is very useful when the parties have an ongoing business relationship – for instance, the relationship of a commercial landlord and tenant. 

The solution crafted in a mediation can be much broader than a court decision – for example, it can resolve areas of disagreement outside of the current dispute, and it can provide for a clear method for the parties to resolve future disputes outside of court.   Both sides save time and money, keep their business matters and trade secrets out of court, and avoid the risks of an unexpected jury decision.  For these reasons, mediation can be a very desirable way to resolve a business dispute.

Call San Diego Law Firm for Help Resolving a Business Dispute

If you have a business dispute, San Diego Law Firm can offer you the guidance and support you need to make good choices between different legal alternatives.  We can advise you on how you can best preserve your business relationships while saving you time, money, and stress.  We are skilled attorneys with years of litigation experience in successfully resolving business disputes, both through the court system and through alternatives such as settlement, negotiation, mediation, and arbitration.  Please contact San Diego Law Firm at (619) 794-0243 for an appointment.  We look forward to helping you.

1.  Lemon Law Insider Secret #1:  Almost Every Type of Consumer Product is Covered. 

You can use the “lemon law” to obtain compensation for virtually any defective product that you, as an individual, bought for mostly non-commercial use.  Two exceptions:  defective clothing and defective consumables – things that can be used up, such as computer supplies or shampoo.   The law also has detailed protections specifically for household electronics (like a TV), all types of motor vehicles (including cars, trucks, RV’s, motorcycles, and boats), and disability aids (like a wheelchair lift).   

2.  Lemon Law Insider Secret #2:  You get a Refund or Replacement After a Reasonable Number of Repair Attempts.

California lemon law only allows a buyer to receive a refund, replacement, or compensation if the manufacturer has had a reasonable number of chances to repair the same defect.  But there is no fixed number of times that is considered “reasonable.”  For a serious defect in an essential product, such as a wheelchair, you have a good argument that two or three repair attempts are enough, particularly if you were deprived of the product for weeks at a time while repairs were being attempted. 

The law is more specific when it comes to vehicles.  With a vehicle, after either two repair attempts for a life-threatening defect, or four repair attempts for any defect, or 30 calendar days out of service, all within the first 18 months or first 18,000 miles, it becomes the manufacturer’s responsibility to prove, not yours to disprove, that it would have been reasonable for it to attempt the repair even more times.  If the manufacturer / dealer can’t prove that, then you will be entitled to a refund, replacement, or compensation.

Also, a vehicle manufacturer/dealer must pay your attorney’s fees and court costs if your attorney successfully brings a lemon law case for you against the manufacturer/dealer.

3.  Lemon Law Insider Secret #3:  You Can Choose between a Refund or a Replacement

According to California lemon law, after it has made a reasonable number of attempts to fix the defective product, the manufacturer / dealer must OFFER you a refund or replacement – and you get to choose which one you want.   Because the refund can legally be reduced by a modest amount to account for the value of the usage you got from the product, many consumers choose to take a replacement.

4.  Lemon Law Insider Secret #4:    For Vehicles, You will Generally Get a Larger Refund, and a Faster Refund, With an Attorney.

Many vehicle manufacturers / dealers will not deal with you seriously if you do not have an attorney.  Instead, they may stonewall you, claim the problem is fixed, claim you are required to arbitrate your claim (you are not), or offer you a ridiculously low refund on the theory that they are entitled to deduct “depreciation,” lost opportunity to sell the vehicle to someone else, cost of time and parts in their repair attempts, or “excessive” use of the product by you.  None of these are true.  Having an experienced trial attorney send a lemon law demand letter and if needed, file a lawsuit for you will likely save you time, headaches, and money. And remember, if your attorney proves you have a legitimate lemon law vehicle claim, the manufacturer / dealer will have to pay your attorney’s fees and court costs.

Call San Diego Law Firm for Lemon Law Help  

If you bought a defective vehicle or other expensive product, and the manufacturer has not been able to repair it after several tries, please call us at San Diego Law Firm.  We can cut through the red tape to speed up your refund or replacement, and in the case of most vehicle claims, the manufacturer / dealer will pay our fees and court costs.  Please call us at (619) 794-0243 to schedule an appointment today.

Adult & Child Trespassers

Generally, California law does not make an owner responsible for protecting an adult trespasser from hidden dangers on property.   However, the situation is different if the owner can reasonably anticipate that a trespasser might be a child attracted by some feature of the property, such as a swimming pool, water slide, or backyard trampoline.  If the owner knew or should have known that children were attracted to the feature and made no effort to protect these children from the hidden danger, and your child was attracted, trespassed on the property, and was hurt by the hidden danger, the owner may be legally responsible for your child’s injuries.

Social guests

A social guest is someone the property owner invites over for social reasons, such as a dinner or a birthday party.  If someone invites you over to their home, then they likely have a duty to warn you about any unsafe condition on or around their home that you probably wouldn’t notice on your own.  A good example is an unstable deck in need of repair.  Since the owner, based on their own use and maintenance of the deck, should reasonably know it is unstable, they would have to at least warn you about the instability if it was not immediately obvious.

Invitees

An invitee is someone who is invited or expected to come onto the property for business purposes.  A plumber there to repair a sink is an invitee.  So are members of the public visiting a home because it is a historical landmark, like the Whaley House in Old Town.  If you are an invitee, the owner has even greater responsibility to you.  In addition to warning you unsafe conditions, the owner must have regularly inspected their property to discover any hidden dangers.

. . .

If you or a loved one has been seriously injured by a hidden, unsafe condition on someone else’s property, let the experienced trial attorneys  at San Diego Law Firm help you.  You shouldn’t have to bear the burden of your medical expenses if your injury could have been avoided by a warning.  We can prepare and send a formal legal demand and/or file a lawsuit on your behalf against the property owner’s insurance carrier to seek payment of your medical expenses and any lost wages, as well as compensation for your pain and suffering.  Please call San Diego Law Firm today at (619) 794-0243 to schedule an appointment.

Sexual harassment can take many forms.  Maybe your co-workers create a hostile work environment by sending you vulgar email, telling sexually-charged jokes about your appearance, staring at you until you feel uncomfortable, or giving you unwanted backrubs at your desk.  Or maybe you are made to feel like the only way to get ahead in the office is to say “yes” the next time your boss invites you out on a date.  Each of these actions is an example of sexual harassment , and each is against the law.

Some victims feel they should just count themselves lucky to have a job in this market or that they shouldn’t cause trouble by raising a fuss.  However, you do not have to simply go along with harassment out of fear you’ll lose your job or not be promoted.  If you have been harassed, state and federal laws protect you if you are fired, demoted or do not get a promotion simply because you rejected sexual advances or reported sexual harassment.

Sexual harassment can damage your personal and professional reputation, leave you afraid and emotionally distressed, make you feel unable to escape the unwanted comments or advances, and even cause physical illness.  If you have suffered any of these harms, it is important to seek representation by an experienced sexual harassment attorney in order to obtain all the legal remedies and the maximum compensation available to you.

The attorneys at San Diego Law Firm have experience winning lawsuits on behalf of sexually harassed clients.  We can prepare and send a formal legal demand and/or file a lawsuit against your employer seeking a cash award and any other appropriate remedies, such as getting your job back or getting that promotion that you rightly deserved.  If you feel that your employer or co-employees are creating a hostile work environment, or if you have been fired or refused a promotion because you rejected a sexual advance, please call San Diego Law Firm today at (619) 794-0243 to schedule an appointment.  We can help you.

In an accident, all insurance companies are your opponents, including your own.  Insurance companies are for-profit businesses, and their top priority is to pay out less than they take in premiums.  Insurance companies will use many tactics to reduce the amount they have to pay out for an accident.

Experienced injury attorneys are well aware of these tactics.  Some of the most common ones:

1.  Asking the injured victim to give a recorded question-and-answer statement about the accident, in the hopes that the injured person will answer a question in a way that lets the insurance company claim the injured person was at fault, or that the other driver was not at fault.  A misstatement by the victim can limit or even erase the insurance company’s responsibility to pay the claim.

2.  Offering an early settlement that, if the injured victim accepts it, eliminates the insurance company’s responsibility to pay any future amounts for medical bills, lost pay, rehabilitation, pain and suffering, or anything else.  The danger is this:  many injuries turn out to be more serious than the victim first thought.  For example, what seems at first to be a “sore knee” may turn out to be a knee that needs both surgical repair of torn ligaments and lengthy physical therapy.  A wound may become infected later, requiring weeks of expensive medical care, and resulting in weeks or months of lost pay.  If the victim accepts the early settlement, he or she is stuck with all of these unforeseen future costs.

3.  Telling the injured victim that the settlement offered is the “normal amount” for the victim’s type of injury based on the insurance company’s computer programs and charts.  The victim may accept the settlement thinking that injuries, like auto repairs, have standardized values.  In fact, an insurance company’s responsibility to pay an injury claim does not depend at all on what a company may have paid in another similar case.  It depends on the victim’s actual financial losses, the likely future financial losses (such as lost earning capacity) and whatever additional amount can be negotiated for pain, suffering, disfigurement, permanent impairment and other non-financial losses.  It also depends on hard-to-evaluate factors such as the strength of the victim’s claim that the other person was at fault, and whether the insurance company thinks the victim’s attorney is skilled enough to win the case if it went to trial.

The lesson to be learned is that it’s very important to have legal representation when dealing with any insurance company.   If you’ve been injured in an accident, you don’t have to deal with the insurance companies on your own.  You need an advocate on your side that you can trust.  The attorneys at San Diego Law Firm have handled thousands of accident cases and know what it takes to get the best recovery for your type of injury.  If you have been injured in an accident, please call San Diego Law Firm at 619-794-0243 today to schedule a consultation.

If you are suing in small claims court, it’s important to present a clear and organized case to the judge.  Recently, a finance blog posted some tips that can help you prepare your small claims case:

• Keep track of all communications with persons involved in the case.  This includes communications with the person you are suing and potential witnesses.  Note the date and time of the communication and what was said.
• Organize all of your paperwork.  When you’re in front of the judge, you do not want to be fumbling for documents.  Have everything organized in a binder and ready to go.
• Contact any witnesses who are important to proving your case.  If they have crucial information, ask if they are available to testify at the trial.

Following these tips can help you present a logical and well-supported case to the court.  Being organized, clear, and concise will give you the best chance of winning your small claims case. 

If you file a San Diego small claims court case, and the other side files a “counterclaim” against you for more than the small claims court limit, the entire case will be transferred to the San Diego Superior Court.  The rules there are more complicated, and your case will become more difficult and expensive to pursue.   In Superior Court, both sides are entitled to be represented by a lawyer, and you will need to meet each of the legal requirements of that court.

If you are considering filing a lawsuit for any amount, it’s a good idea to consult an experienced attorney as early as possible.  Your attorney can help you decide whether it’s in your best interest to take the case to court, and tell you what is likely to happen and how much it will cost.  Your attorney can also write demand letters on your behalf, suggest possible solutions to the dispute that do not involve the exchange of money, and help you obtain a resolution to the dispute outside of court through mediation or arbitration.   The attorneys at San Diego Law Firm are experienced in handling all types of lawsuits and disputes.  Please contact San Diego Law Firm at (619) 794-0243 for dependable, cost-conscious advice about your legal rights in any dispute, and all of your options for resolving your dispute.