As a general rule, California
law allows for the recovery of almost any kind of physical or mental harm
or emotional distress that can flow from an accident. More specifically,
courts have held that victims may recover not only for obvious injury and
disfigurement, but also for other, less obvious signs of trauma such as:
- Loss of enjoyment of life. This
may include things such as not being able to participate in family
functions, sports, hobbies and other recreational events that relieve
the stress of day-today life and that make life worth living.
- Anxiety regarding a current condition
and ability to function. This includes anxiety that a person may not be
able to perform his or her chosen occupation both while recovering from
the injury and in the future.
- The fear of future harm. This includes
the anxiety and fear that a person once injured will be more likely to
sustain another injury to that part of his or her body or that he or she
may not regain full use and functionality of that part of the body.
Also as a general rule, insurance companies
do not like to pay plaintiffs, and do not want to recognize serious
injury. Why should they? They don’t work for you. They work for the person
who caused the accident and injury in the first place.
What is important is to consult with an
attorney who can help you obtain compensation for all that you have lost.
Finding an attorney is not all that different than finding a doctor. Go
with a seasoned professional who will give it to you straight. Some one
you can be comfortable with. You have to be able to trust and feel
comfortable with the doctor or lawyer you retain.
YOU DON’T WANT GIMMICKS
YOU DON’T WANT
PIE-IN-THE-SKY PROMISES
YOU DON’T WANT A
"PLAINTIFFS MILL"
What is a Plaintiffs Mill? A
plaintiffs mill is a large law office usually dedicated solely to personal
injury cases. These offices need one thing to survive - volume. These
offices advertise heavily (you know who they are), and bring in hundreds
of clients every month. Because of the need for volume and to get the case
‘settled quick’, these offices do not use real attorneys for many of the
cases. Many times the attorneys never even see the case. When you call in,
you speak to a paralegal or secretary. When the adjuster on your case
calls, they speak to a paralegal or secretary - usually not an attorney
(usually never the same guy you see in the adds).
It does matter who handles your claim.
Only an experienced attorney will be familiar with the prevailing law, and
only a trained attorney should negotiate on your behalf. Adjusters are
trained not to give money. You need a trained attorney to get it on your
behalf. When you call, you should be able to speak with your attorney -
not some assistant. When the adjuster calls, he or she should speak only
with your attorney about your case.
A good attorney should take the time to
speak with you. When you go to the doctor, you want to tell the doctor
what’s wrong. You want to see them eye to eye and face to face and have
them listen to your situation and make their decision based on those
facts. If you wanted to be treated by the nurse or receptionist, you
wouldn’t have gone to see a professional doctor in the first place. Your
legal matter is no different. Each time you call you should speak to the
attorney handling your case. You should get advise and be told about the
merits of your case from the attorney handling the case - not a paralegal.
Not all law firms are created equal.
At THE LAW OFFICES OF DAVID J. SALVIN, we practice in several important
fields of law, and represent real clients - not numbers. When you call,
you can speak with Mr. Salvin about your case. When the adjuster calls, he
or she will speak only with Mr. Salvin. You will receive personalized
attention for all of your legal needs. Just like at your family doctor’s
office, you are treated like an individual, not a number. Your case will
be analyzed on its own merits, and not in some cookie-cutter fashion.
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