LOS ANGELES, CALIFORNIA – A 3-year-old girl whose skull was fractured by a line drive during batting practice at Dodger Stadium was scheduled for surgery on Tuesday. The accident that caused the surgery occurred Monday when Dodgers catcher Russell Martin hit a line drive in the stands near third base. It hit the girl and knocked her unconscious according to Dodgers spokesman Joe Jareck. The girl was sitting with her father at the time and he rushed he to the first aid station. The Fire Department subsequently transported the girl to ...
ENCINITAS, CALIFORNIA – A bus rider called the Sheriff’s Department Tuesday when he thought the driver was under the influence of alcohol. Deputies stopped the bus, route 309 from Oceanside to Encinitas, at around 4:30 p.m. The bus was heading east on Encinitas Boulevard near Calle Magdalena at the time. According to the Sheriff’s Department, the deputies determined the driver showed signs of being under the influence of alcohol. They subsequently conducted field sobriety tests. Based on the results of those tests, the 40-year-old driver was booked on suspicion of driving ...
Getting Started
As soon a new client has decided to retain us, we immediately contact the insurance companies or other responsible parties that are involved in the accident, to notify them that we’re representing you. From that point, we handle all of the phone calls and letters regarding your injury claim with the insurance companies – one less thing for you to have to worry about.
In many cases, we help clients with a referral to a doctor. The doctors that we refer clients to don’t require the use of health insurance, and don’t require you to pay a co-payment or any other charges at the time of service – they’re usually just paid at the end of the case, from the proceeds of the insurance settlement.
In motor vehicle accident cases, we can also help with rental car arrangements and with the repair or replacement of your vehicle.
We then watch over the medical treatment that’s being provided to you in connection with your injuries. When necessary, we help to coordinate treatment with the medical providers.
Once a client has finished their medical treatment, I prepare a settlement demand to send to the insurance company. A settlement demand is a type of report that goes into detail about the injuries that the client has been diagnosed with, and the medical treatment they received. It also covers the different types of damages that the client is entitled to under Texas law – things like the reasonable medical expenses incurred, any future medical expenses that will be incurred, lost wages, pain and suffering, and so on. We also include a copy of all of the client’s medical and billing records, and the entire package of documents is then forwarded to the insurance company adjuster.
Once the insurance adjuster has studied the settlement demand, negotiations on the settlement of your claim begins. Adjusters typically start negotiations with a very low offer, and with all kinds of excuses and objections about the cost of the medical treatment, the type of medical received, the way the accident occurred – just about anything they can spot, based on all the training they receive, to try to use as an excuse to pay as little as they possibly can to settle the accident claim.
In the negotiations, I draw on all of my experience as a former insurance company attorney, as well as my experience since then in handling accident cases. My goal is always to help you receive the best settlement possible, as quickly as possible.
It’s important to know that the final decision about whether to accept a particular settlement offer is always yours—you’re the client, and in my law office, that means you’re in charge. If the insurance company’s offer isn’t acceptable, then I talk with the client about the possibility of for filing a lawsuit in the case.
You may also be wondering about the attorney’s fee that we charge for helping people with their accident claims. This is how it works: I only get paid when you get paid. Clients are never required to pay me an hourly fee or any money upfront for personal injury cases. The fee that I charge is the standard amount charged by lawyers who handle accident cases — 33 1/3% of the recovery that I obtain for you if we settle your accident claim without having to file a lawsuit, or 40% of the recovery if we have to file a lawsuit. (By the way, the majority of accident cases are settled without a lawsuit ever having to be filed.) Medical bills are paid from your share of the recovery, as are court costs and litigation expenses, if a lawsuit is filed in your case. That’s also standard.
If you have any questions about the procedure we follow in helping accident victims, just give us a call. I’ll be glad to visit with you about it and answer any questions you may have.