Pain Evaluations

Pain is an important element of a personal injury claim. Your Thousand Oaks personal Thousand Oaks personal injury attorneyinjury attorney can explain that there are four classes of pain: mild, moderate, moderately severe and severe. Here is information regarding the first two classes.

Mild Pain
Your Thousand Oaks personal injury attorney may define mild pain as that which has an intensity and frequency of mild pain. When an individual is experiencing this kind of pain and completes daily life activities, the pain is mildly aggravated. Few or no modifications are necessary to perform these activities. Additionally, there is little accompanying emotional distress with the pain. The individual does not receive medical treatment pertaining to the pain on a routine basis. There may not be very many behaviors indicating pain when a physical examination is conducted.

Moderate Pain
The intensity and frequency of pain is moderate. Unlike a person suffering from only mild pain, an individual who suffers from moderate pain has difficulty conducting daily living activities. Significant modifications may be necessary to assist the individual in performing them. The individual might be suffering from mild or moderate distress that accompanies the pain. Additionally, continuing medical treatment is necessary to treat the pain. The individual also takes medication on an ongoing basis. When a physical examination is conducted, the patient might have limitations related to pain.

If you want more information on different definitions of pain, a Thousand Oaks personal injury attorney can help. Contact Thousand Oaks personal injury lawyer Gary Mitchell by calling (888) 452-1846.

Posted in Personal Injury | Comments Off

10 Hot-Button Jury Issues in Auto Accident Cases

Jury selection is an opportunity to elicit important information from potential jurors. Your Thousand Oaks personal injury lawyer will ask questions of these individuals regarding their beliefs and biases so that he may eliminate those members who could negatively affect your case.

thousand oaks personal injury lawyer

Posted in Uncategorized | Comments Off

Wrongful Death Lawsuit and the Age and Marital Status of the Decedent

A qualified Fairfield County personal injury attorney can explain how age of the deceased Fairfield County personal injury attorneyand his or her marital status can affect the wrongful death lawsuit.

A Fairfield County Personal Injury Attorney Explains Why the Age of the Deceased Is Relevant
The decedent’s life expectancy is an important factor in determining the value of potential future earnings. If the decedent died at an early age, his or her remaining wage-earning period at death will be longer. The survivors and the insurers are often faced with the dilemma if the decedent died very young without having obtained much work skills and lacked earning level upon death. While older individuals have shorter life expectancy, their earning power his higher than the young. Not surprisingly, the carrier has a more conservative approach to this issue compared to plaintiffs.

A Fairfield County Personal Injury Lawyer Shows How Marital Status Impacts Wrongful Death Lawsuits
Under most circumstances, only a person legally married to the decedent can file a wrongful death claims. Exceptions allowed by certain jurisdictions include:

  • “Common law” spouses, who can recover losses if the individual and the decedent lived together and represented themselves as husbands and wives; and
  • Same-sex partners.

As a condition of settlement, the insurance company must ascertain whether the survivor was a legal spouse to the decedent. If their marriage status is uncertain, the carrier may compromise on the wrongful death case.

The insurance company will have challenge on their hands if multiple individuals claim to be surviving spouses, unless there is specific court ruling on the matter. In a case in which three women claimed to be the decedent’s widow, the carrier thought the evidence supported claimant #2′s position, but sought nominal settlement with the other claimants to avoid more legal actions. A court approved settlement was the other option.

If you require an experienced a Fairfield County personal injury attorney to handle your personal injury case, please call the law offices of Gary Mitchell today at 1-888-452-1846. The initial consultation is free.

Posted in Uncategorized | Comments Off

4 Simple Rules and 12 Additional Suggestions for Giving Good Testimony

Your credibility in front of the jury will be the lynchpin of your personal injury case. You must come across as honest and reliable. If the jury does not think you are telling the truth, your case is lost. Here are some tips from a personal injury lawyer on how you can prove you are being truthful.

thousand oaks injury lawyer

Posted in Uncategorized | Comments Off

Getting Ready for Your Personal Injury Trial

When you and your Thousand Oaks personal injury attorney are gearing up to go trial in your personal injury case, you can expect that your attorney will be hard at work behind the scenes preparing things and reviewing documents to ensure you put on the strongest case possible. Here are some responsibilities your Thousand Oaks personal injury attorney will handle in the lead-up to your trial.Thousand Oaks personal injury attorney

Preparing Motions

  • Research relevant legal issues;
  • Determine the admissibility of evidence you want to use;
  • Serve all appropriate motions on opposing party, such as motion for partial or full summary judgment or motions in limine for exclusion of evidence; and
  • If the insurance company plans to use an expert witness whose testimony is in dispute, file a motion for exclusion of expert testimony of adverse expert witness.

Final Preparations
As the court date nears, your Thousand Oaks personal injury attorney will be busy doing the following:

  • Prepare court documents indicating readiness and request for a court date;
  • Notify all witnesses who will testify for you of the court date they will be expected to appear;
  • Prepare witnesses with questions and outlines describing what they can expect and how they should conduct themselves while testifying;
  • For witnesses who need them, arrange to have them subpoenaed;
  • Draft preliminary jury instructions and have them sent to judge and the opposing counsel;
  • Review the issues of the case and prepare questions to ask during jury selection;
  • Review all evidence and exhibits and ensure they are prepared to be presented in court; and
  • Prepare the opening statement for the jury.

If you have questions about your personal injury claim, contact a Thousand Oaks personal injury lawyer. Call Gary Mitchell at 888-452-1846.

 

Posted in Uncategorized | Comments Off

7 Ways To Help Your Attorney Successfully Handle Your Case

It is important for you to appreciate just how important of a role you play in your personal injury case. Your actions can have either a positive or a negative impact on your case. Below, our Thousand Oaks personal injury lawyer lists 7 positive steps that you can take to strengthen your personal injury claim.

thousand oaks personal injury attorney

 

Posted in Uncategorized | Comments Off

Dealing With a Statement Given Under False Pretenses

If you gave a statement to the insurance company about your accident before you retained a Thousand Oaks personal injury attorney, you may have inadvertently said something that will be prejudicial to your case. Insurance companies are often less than honest about the purpose of these statements and what effect they will have. Here are some things your Thousand Oaks personal injury attorney can do if you have done this:

  • Check the accuracy of the statement. It is important for your Thousand Oaks personal injury attorney to go over the statement line by line with you and figure out if anything in it is inaccurate or incorrect. This is better if the statement was paraphrased from a verbal conversation between you and the insurance company representative, because it may be possible for your Thousand Oaks personal injury law firm to demonstrate how the wording was changed to suit their purposes. If the statement was transcribed, you will have to note the points where the statement is inaccurate;
  • Look for problems in the statement. These are more common than you might think. The statement may have been obtained before your injuries fully onset and so does not fully represent your injuries;
  • Your Thousand Oaks personal injury attorney might argue that the statement is invalid because the adjuster did not advise you that the statement would be taken for the insurance carrier’s purposes and would be used against you later; and
  • Since you did not have a Thousand Oaks personal Injury Law Firm present and the statement was not taken by a neutral third party, the statement may be invalid.

For more information on the best way to pursue a personal injury claim, call a Thousand Oaks personal injury attorney. Call Gary Mitchell at 888-452-1846.

Posted in Uncategorized | Comments Off

3 Stages of a Personal Injury Case

It’s easy for anyone to believe that our legal system is stacked against ordinary citizens. But as any qualified Westlake Village personal injury lawyer can tell you, the very purpose America’s legal system is to protect the fundamental rights of its people. Expect your personal injury case to be broken down into three stages as shown below.

Westlake Village Personal Injury Lawyer

Posted in Uncategorized | Comments Off

Westlake Village Injury Lawyer Explains How to Prepare for Personal Injury Deposition

Westlake Village Injury LawyerIf you are seeking compensation for your medical bills and other damages after being involved in an accident, it may be necessary to file a lawsuit against the negligent party. Participating in a deposition prior to the start of the trial is a standard part of the litigation process. During the deposition, witnesses give sworn out-of-court testimony about the accident. Your Westlake Village injury lawyer will make sure you are properly prepared to handle the questions that may be asked at the deposition.

Tips for Making a Good Impression at the Deposition
You are testifying under oath and should truthfully answer all of the questions. The Westlake Village injury attorney cannot help you answer the questions at the deposition. If you are uncertain or don’t know the answer to a question, respond to the best of your ability. You could negatively affect your credibility and harm your case if you aren’t truthful. There’s also the possibility of facing perjury charges if you aren’t honest.

The defense attorney may ask if you discussed or gave statements about the accident to anyone. It is common for people to speak with family members, friends and business associates about an accident. Let the defense attorney know if you gave any written or oral statements to anyone.

You will likely be asked to provide information about the accident and requested to sketch a diagram of the scene of the accident. Your attorney will arrange a meeting with you before the deposition so that you can practice answering questions about the accident. If you have difficulty remembering certain details, let the defense attorney know that you are doing the best that you can to accurately recall the event.

Consult a Westlake Village Injury Lawyer
If you have suffered a personal injury, contact a Westlake Village injury lawyer to find out about your rights and legal options. Gary Mitchell is an attorney who is dedicated to helping you get the compensation you deserve. Call 888-452-1846 to schedule a consultation.

Posted in Personal Injury | Comments Off

Signs Your Insurance Claim Was Wrongfully Denied

Thousand Oaks personal injury attorneyMany insurance claims are never recovered because the denied claim is uncontested by the policyholder. But a Thousand Oaks personal injury attorney wants you to know that many times claims are improperly denied. Here are some signs that could indicate your claim is being wrongfully denied.

No Specific Policy Cited

A specific provision in the policy is not referred to when a claim is denied. You should know exactly why your claim is being denied with a specific policy statement being used to support their decision. A Thousand Oaks personal injury lawyer will attest that sometimes insurance companies quote policy language that doesn’t actually exist as a basis for its denial.

Another way to wrongfully deny a claim, according to a Thousand Oaks personal injury attorney, is by failing or denying to provide the copies of the policy the insurance company says supports their decision.

No Specific Detailed Facts Stated

When no specific claim-related facts are cited in the denial, a Thousand Oaks personal injury attorney would suggest that this could indicate that an actual investigation may not have been done before denying the claim.

Other means of denying a claim inappropriately is to use reference to conditions or exclusions in a policy that have no relevance to your specific case. Along with this, is the insurance company claiming the right to cite other policy defenses after coverage is denied.

Poor Communication With the Policyholder

Additional ways insurance companies deny claims improperly is through poor communication with the claimant. A Thousand Oaks personal injury lawyer would suggest being suspicious when you are asked for more information even though they are denying the claim as sometimes this subsequent information is used against you, the policyholder, at a later date.

Merely sending forms and not ever meeting or talking to the policyholder to gather information before a claim is denied is also an improper way of insurance companies handling a case. The “form letter” documents may request irrelevant information that is unrelated to your specific situation.

Finally, a Thousand Oaks personal injury attorney will tell you that some insurance companies have attempted to cancel insurance and deny coverage. They claim the reason for canceling or denying coverage is a result of misrepresentations by the policyholder in the application for insurance.

Most reputable insurance companies do not play games like this when adjusting claims. If the claims adjuster feels a claim is questionable, you want an experienced legal representative to ensure your claim is being treated fairly.

For a consultation with a Thousand Oaks personal injury attorney, call the office of Gary Mitchell at 888-452-1846 today.

Posted in Attorney, Personal Injury | Comments Off