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

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 that 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 and pain and suffering. It’s difficult for an individual to determine how much money he or she should be seeking in damages without legal representation by an experienced 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 an injury after an accident. This law aims to provide compensation for the injured person after the stress and harm they have suffered because of another person’s negligent or intentional conduct.

What are the common kinds of personal injury cases?

Car Accidents

Car accidents are the most common personal injury cases in the U.S. When a car accident usually happens, it is because someone didn’t follow the traffic rules. A reckless driver can be held liable for the 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 beat the red light and hit your car. However, you were also driving a few miles above the speed limit, so you might 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%, representing the total percent of your fault in the accident. So from $10,000, you will only receive $8,500 after deducting the 15%.

Slip and Fall

A slip and fall case is another common type of personal injury case. Landlords, or sometimes even tenants, have the legal responsibility of keeping their property safe and hazard-free to avoid any individuals from being injured. Of course, not all injuries or accidents inside the property premises are against the property owner.

Medical Malpractice

Medical malpractice is a special type of personal injury case. These types of claims are brought against nurses, doctors, and other medical professionals or even hospitals when their treatment falls below medical standards, leading to a patient’s injury or death. However, it is essential to remember that not all bad treatment outcomes 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

Defamation is a false statement about you that someone gives. It can appear as fact, and it aims to harm your professional or personal reputation. Libel and slander fall under defamation law. Libel is defamation in writing, and slander is verbal defamation. When charging for slander or libel, you just usually have to prove that someone made a false statement against you and that it caused harm or financial loss.

Dog Bites

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

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

Battery, Assault, and Intentional Torts

Compared to other types of personal injury lawsuits, intentional torts aren’t accidents caused by carelessness but rather when someone intentionally harms someone. Cases like these can usually involve criminal charges against the perpetrator. For instance, 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 injuries caused by the attack. If you have experienced physical harm caused by someone, don’t hesitate to press charges.

Andrew Alexander Dósa is a trial attorney with more than 36 years of experience in civil/business litigation, criminal defense, personal injury claims, and estate planning. Mr. Dósa received his law degree from the University of San Francisco and his undergraduate degree in political science from the University of California at Berkeley. He is admitted to practice in all California Courts and the U. S. Northern and Eastern District Courts in California, and he is a member of the California State Bar, Alameda County Bar Association, and Christian Legal Society.

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

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