What Are My Responsibilities In My Personal Injury Lawsuit? What Do I Have To Do?

Ray Hrdlicka – Presenter – Attorneys.Media

“What does the person in the lawsuit have to do? A lot of people think that I’m just going to hire a lawyer and I don’t have to do anything else. But what do they have to do?”

Andrew Dósa – Personal Injury Lawyer – Alameda County, CA

“Well, the practical answer is that it’s always good if you follow my advice and suggestions. But that’s just management. The reality is that the customer has a relatively minor role. It’s a little older… If we take a step back and look at what happens after the client has hired me. What I want to tell the client is that he doesn’t have to talk to his insurance company. He doesn’t have to talk to his insurance company. You just have to go see your doctor and focus on getting well as soon as possible. I’ll take care of the busy side of things. I’ll send you a letter. Typically, I will send you a copy of a letter that I will send if I request records, request a letter of opinion, or request a wage loss report from an employer.

So the client has this information. I’m just telling them this… “you’d probably rather not have to talk to me, but if you’re going to hire me, at least I’m the one you’d be willing to talk to.” When I give them information, they know I’m taking care of them and can answer if they have any questions. But mostly, they just want to know that things are moving.

Once we start litigation, they have a greater responsibility that usually has to do with discovery. Which is where each side has to share the information it has with the other. So. I’ll have the client come to my office. We review the questions that are asked and put them in writing and send them out. Or, they may have to prepare for a deposition. Usually the next step is, if we have to mediate, they’ll sit with me in the mediation session and then we’ll work with the mediator and then we’ll try to resolve the case. But other than that, and going to trial, really, the client’s role is primarily to communicate with me. And I just give them updates. So, like we did in the smaller, less stressful stage at the beginning, this is a bit more of the same.”

Accidents happen. But when they do, it’s important to have a good attorney on your side who can help you get the compensation you deserve. Personal injury law is one of those areas where there are so many variables involved, from medical bills and lost wages to emotional distress, pain and suffering. It is difficult for a person to determine how much money they should seek in damages without the legal representation of a personal injury attorney.

Personal injury law allows an injured person in California to file a civil lawsuit in court and seek compensation for losses due to injury after an accident. This law is intended to provide compensation to the injured person after the stress and damage she has suffered due to the negligent or intentional conduct of another person.

What are the common types of personal injury cases?

Auto Accidents

Car accidents are the most common personal injury cases in the US When car accidents usually happen, it is because someone did not follow the rules of the road. A reckless driver may be held liable for injuries caused by the accident.

However, California follows shared fault laws or the “pure comparative negligence” rule. In basic terms, this means that the compensation an injured person will receive will depend on their shared fault in the accident.

For example, you were in a car accident where another driver ran a red light and hit your car. However, he was also driving a few kilometers over the speed limit, so he could share a small percentage of the blame for the accident, say 15%. Under California’s pure comparative negligence rule, your total compensation is reduced by 15%, which represents the total percentage of your fault in the accident. So out of $10,000, you will only receive $8,500 after deducting 15%.

Slip and fall

A slip and fall case is another common type of personal injury case. Owners, or sometimes even renters, have a legal responsibility to keep their property safe and free from hazards to prevent people from being injured. Of course, not all injuries or accidents within the property premises are against the property owner.

Medical malpractice

Medical negligence is a special type of personal injury case. These types of claims are filed against nurses, doctors and other medical professionals or even hospitals when their treatment falls short of medical standards, resulting in the injury or death of the patient. However, it is essential to remember that not all poor treatment results mean that your health care provider has committed medical malpractice.

Medical malpractice lawsuits are extremely complicated, so you need legal experts on your side.

Defamation

Slander is a false statement about you that someone makes. It may seem like a given and is aimed at damaging your professional or personal reputation. Libel and slander fall under defamation law. Slander is written defamation and slander is verbal defamation. When filing defamation or defamation charges, you generally only have to prove that someone made a false statement against you and caused damage or financial loss.

Dog bites

In many states, dog owners are protected from liability for injuries if their dog hurts someone for the first time or if they have reason to believe the dog is not dangerous. In California, California Civil Code section 3342 makes dog owner strictly liable, which means that the dog owner is legally liable for injuries caused by their dog to someone. The statute says:

“The owner of any dog is liable for damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including property of the dog’s owner, regardless of the dog’s prior wickedness or the owner’s knowledge of such wickedness.”

Assault, battery and intentional torts

Compared to other types of personal injury claims, intentional torts are not accidents caused by carelessness, but rather when someone intentionally harms someone else. Cases like these can usually involve criminal charges against the perpetrator. For example, when someone physically attacks another person, they face criminal charges. The victim can also file a personal injury lawsuit in court and demand compensation for the injuries caused by the attack. If you have suffered physical harm caused by someone, do not hesitate to press charges.

Andrew Alexander Dósa is a trial attorney with over 36 years of experience in civil/commercial litigation, criminal defense, personal injury claims, and estate planning. Mr. Dósa received his law degree from the University of San Francisco and his bachelor’s degree in political science from the University of California at Berkeley. He is admitted to practice in all California courts and in the courts for the Northern and Eastern Districts of the United States in California, and is a member of the California State Bar Association, the Alameda County Bar Association, and the Christian Legal Society.

As an Alameda CA trial attorney, Andrew has a record of over 15 jury trials, 60 court trials, over 60 arbitration and mediation sessions, and handling all aspects of litigation involving criminal actions. , real estate, business, tort, and trust/probate law. Significant legal research, analysis and writing. He has extensive experience before state and federal courts, administrative boards, and agencies.