Bisnar | Chase

California Personal Injury Lawyers and Counselors at Law Committed to "Professional Excellence"

IMPORTANT ADVICE FOR CALIFORNIA PERSONAL INJURY CLIENTS

THE DO's AND DON'Ts FOR INJURED VICTIMS

DO's

1. Do contact Bisnar | Chase or another experienced personal injury lawyer immediately following your injury or accident. The advice you receive in an initial interview with an experienced personal injury attorney may be extremely helpful in the days following the accident.
2. Do notify Bisnar | Chase if you have changed your address and/or telephone number, or employment - including changes in salary, duties, or job title.
3. Do take pictures of any damage to your vehicle before you get it repaired. Use color film and take a whole roll of pictures.
4. Do save all medication bottles, casts, braces, and any other items from your doctor.
5. Do give your attorney any pictures and videos of the accident or accident scene that you or anyone else has taken for you.
6. Do obtain and save all receipts itemizing any and all expenses you incurred as a result of your accident. Be sure that receipts are dated and contain legible and complete vendor identification.
7. Do inform your attorney of anything you think has a bearing on the case, including extensive medical treatment or hospitalization.

DON'Ts:

1. Do not give any statements - written, recorded, or oral - to anyone concerning your accident or injuries without first consulting Bisnar | Chase.
2. Do not admit fault or offer any opinions about the cause of the accident.
3. Do not speak to anyone other than your attorney about your accident or case.
4. Do not wait to visit a doctor if you are injured. At your visit, do not hold back any information about the location and severity of your pain.
5. Do not make any false or incorrect statements about prior injuries to any doctor who may treat or examine you. If you don't remember past information, say so.
6. Do not ignore your doctor's advice.

INFORMATION THAT IS CRUCIAL TO YOUR CASE

Keep Detailed Records

Record the following information on an ongoing basis to maintain an accurate account of the suffering that you have endured.

1. Lost work time and wages.
2. Expenses resulting from your injuries (i.e., transportation, home care, etc.)
3. Pain and suffering.
4. Your physical limitations.

Taking the time to collect and record accurate information may have a positive effect on the outcome of your case. Copies of checks and receipts of payment, as well as the above records, will be very helpful when you may be asked an insurance company or attorney to recall your pain, physical disabilities, and any out-of-pocket expenses including medication.

Follow Your Doctor's Advice

Be sure to do what your doctors tell you and show up for all appointments. By missing a doctor's appointment, you are saying to the doctor and to the insurance company that your pain doesn't matter or affect you too much.

It is very important for you to work hard to get well and to go to all of your appointments. These appointments can serve as evidence of your pain and rehabilitation. If you are in pain and you do not see a doctor, the insurance company and the jury will not believe that you are having pain.

FREQUENTLY ASKED QUESTIONS

Why Should I Hire Bisnar | Chase As My Attorneys?

Because we believe in what we do and what we do makes a difference in the lives of our clients and in the world in general.

We are concerned for our client's well being -- this is why we have chosen to work for plaintiffs (the injured parties) and plaintiffs only. We don't and never have represented insurance companies or corporations. We only represent people who have been injured or taken advantage of by insurance companies or both. We are concerned that our clients receive the medical care they deserve and recover physically from their injuries, as well as recover emotionally and economically. We care enough to tell our clients the truth about what we can and cannot do to help them. We care enough to devote ourselves fully to each client's case. We know the law and know how to use it for our clients' best interests.

We understand what the law should be. Our advocacy before California's Appeals Court and Supreme Court has resulted in the California's Supreme Court adopting our views in procedural matters in personal injury lawsuits and making our opinions the law of the land. In the same way that we convinced the California Supreme Court to adopt our views, we know how to convince a claims adjuster about the benefits to the insurance company of the settlement we propose. We obtain meaningful and sometimes unimaginable monetary recoveries for our clients, with a minimum of wasted time, effort, stress and worry.

What Our Staff Members Say:

"I recommend people to hire us because we are responsible, work as a team, we care about people and most important of all we know what we are doing." - Marta I. De la Torre

"We are a very dependable and professional law firm. We know how to handle business." - Nora Zamarripa

"We give the advice clients need for their lives, not their case and fight hard to carry out the decisions our clients make about the matters we are hired to accomplish." - Edward Spilsbury

"I recommend that injured people hire us to represent them because we are committed to providing them with the best outcome of their case." - Colleen Cadogan

If you are looking for a committed, resourceful and compassionate law firm to advise and representatives to help you hold a responsible person accountable for your injuries, you should choose Bisnar | Chase as your personal injury attorneys.

What Should I Expect A Personal Injury Attorney To Do For Me?

You should expect your personal injury attorney to be an educator, an advisor, a communicator, a representative, an advocate, he/she should be your "Champion".

Your attorney should educate you about your rights, the legal basis of your claim and the damages you are able to recover.

Your attorney should advise you throughout the process of recovery (physically, emotionally and economically) as to what to expect and how to best care for yourself throughout the recovery process.

Your attorney should be an effective and honest representative for you. After all, he is your voice in your dealings with the defendants and their representatives.

Your attorney should be an effective advocate in the pursuit of your rights.

Your attorney should be your "Champion", your "David", your "Robin Hood", educating, advising, advocating and fighting for you. Someone you are proud of.

Why Should I Hire An Attorney To Assist Me In Resolving My Personal Injury Claim?

Higher net recovery to you, an experienced guide on your side, relief from worry. An insurance industry research institution studied personal injury claims processed by the injured person alone, verses personal injury claims handled by attorneys. They determined that those represented by attorneys had a higher net recovery to themselves (more money in their pocket after attorney's fees and costs) than those without attorneys.

An experienced personal injury attorney provides you the advantage of a skilled professional who will provide you the benefit of his experience and insight to equal the playing field when dealing with insurance companies and the major corporations of the world. Hiring a personal injury attorney allows you to focus on your recovery from your injuries while your attorney focuses on holding the responsible person accountable for your injuries.

How Does Your Law Firm Charge Attorneys' Fees?

We only work on a contingency fee, meaning that if we do not win, we do not get paid. Injury victims cannot afford to pay an attorney by the hour. Our contingency fee is in line with other top-quality lawyers who handle serious personal injury matters. There are no up front costs or fees with us.

Who Is Going To Pay Up Front For All Of The Costs And Expenses Of My Case?

Costs must be advanced during the case to hire experts, conduct discovery and prepare for trial. We advance all costs and we say so in our retainer agreement. The client is responsible for reimbursing the costs when the case settles. If we don't recover money for you, you will owe nothing.

What Happens If We Lose The Case?

You are not responsible for any fees or costs.

What Is The Value Of My Case?

Because every case is unique and different, it is impossible to tell immediately how much money, if any, you will recover in connection with your case. In cases of serious injury, the ultimate recovery is often related to the amount of insurance coverage available, the nature, extent, and duration of your injuries, and the assessment of liability. We feel it is our primary duty to obtain an amount of money which will fairly and justly compensate you for your injuries. We will make every effort to do this by locating all sources of money. We will advise you of our evaluation in this regard.

In general, most states allow recovery of damages for the following elements of damage:

1. The nature and extent of injury, including whether the injury is permanent, and the amount of disability.
2. Medical expenses, including past bills and future expenses that are reasonably considered to be incurred. This may include mileage to and from the doctor or hospital.
3. Wage loss, past and future and loss of capacity to earn a living.
4. Pain and suffering, including your motor vehicle and other items of personal property.
5. Loss of consortium for your spouse, past and future.

Why Does It Take So Long To File A Claim?

We cannot make your claim until after the doctors have given us reports stating exactly what your medical condition is and what they expect it to be in the future: in other words, until you have reached "maximum medical improvements". Many times the doctors will be very slow in making these reports. We may even, on occasion, ask you to contact your doctor to speed up this report.

If we try to settle your case before your medical condition is stabilized, you may lose money that you might be entitled to for a condition that did not show up until after your case was settled. It is important to know that your case will not be settled until the damages have been determined and all investigations to determine who is liable have been completed.

It generally takes several months to gather the necessary information. If a trial becomes necessary, it can take several years to complete a case. One of the most difficult requests we make of you is to have patience. Bisnar | Chase will work as hard and fast as possible to settle your case quickly.

Who Should I Talk To About My Case?

Do not discuss your accident with anyone except your attorney and your doctors. If your own insurance company wants to talk about your case before they pay your medical bills, please refer them to your attorney.

Remember that any necessary information from employers, schools, or other persons will be obtained by Bisnar | Chase. Also, you should not sign anything for anyone else until you check with you attorney first.

What Is Uninsured/Underinsured Driver Insurance?

If you were hit by an uninsured motorist or underinsured motorist, you may be eligible for benefits under your own policy or the policy that covered the vehicle you were in. Many insurance companies have special provisions if you desire to proceed against the uninsured motorist provision of the policy. In most cases, you will be able to collect for your lost wages, medical bills, pain and suffering, etc., in the same way as if the driver that hit you did have insurance. We ask that you provide us with a complete copy of your own insurance policy in force at the time of the accident.

What Is Subrogation?

If any insurance company pays some of your medical or other expenses arising from your injury, the law provides "subrogation" which means that the insurance company stands "in your shoes" and can recover from the liable party some or all of the amounts paid on your behalf. If this is the case, they usually are required to pay their proportionate share of the attorney's fee and costs in connection with the recovery. This is handled on a case-by-case basis.

What Should I Do About Medical Liens?

Some of our clients are involved in an accident where there is no medical payments insurance, worker's compensation or private health insurance. In such cases, your doctor will expect to be paid by you at the conclusion of this case. Often they will require you to agree, in writing, to have us pay them directly from the proceeds you receive. State laws sometimes permit health care providers to file a "lien" which must be paid out of the proceeds of your case. If your doctor asks you to sign what is often called a "lien letter", be sure to contact our office. In some cases, it may not be appropriate for you to sign such an agreement.

What If I Choose To File Bankruptcy?

If you are considering filing bankruptcy, you should know that you may lose all rights to your personal injury case. The Bankruptcy Court can take over your case, settle your case and give your settlement money to your creditors, and you will receive nothing. Be sure to talk to your lawyer before filing bankruptcy.

What About Claims That Are Filed Against The Government?

Any injury claim, whether it stems from a car collision or other event that involves the government, is subject to special rules. The governmental entity involved may be the state, a city, a county, local government, or the United States. Generally, a Notice of Claim must be filed with the appropriate governmental agency very soon following your injury. If you believe that the government may be involved in your case, please notify us immediately.

THE LEGAL PROCESS

First Steps In Representing You

Your initial interview with Bisnar | Chase will help us gather general information about your case. We will guide you on what you should and should not do, and give you necessary materials to help you. Then, you will be asked to sign certain authorization forms to allow us to obtain your medical records and other pertinent information.

Bisnar | Chase will contact the person who was responsible for your injury and/or the insurance company, and notify the parties that you have retained us as your attorneys. We will also contact all of the doctors and hospitals involved in your care to obtain your medial chart and billing information.

Filing A Lawsuit

Before filing a lawsuit, Bisnar | Chase will obtain your permission and explain to you why we believe a lawsuit should be filed. The decision to file a lawsuit should be made by your attorney with your input. Filing a lawsuit may be necessary to obtain adequate monetary compensation for your injury.

Settlement is always possible and is a common alternative to filing a lawsuit. In fact, only a small percentage of cases make it to trial.

Going To Trial

The following are the steps necessary to bring the case to trial.

A. Pleadings

Pleadings are the documents parties file in court that form the basis of a lawsuit. This is intended to be general information only. Each case is unique.

1. Complaint or Petition - A lawsuit is filed against an opposing party by filing a document in court known as a complaint or petition. The person who brings the action is the plaintiff - you. The person against whom the action is brought is the defendant. The petition is a statement of facts alleging the names of the parties and alleging why the conduct of the defendant entitles the plaintiff to recover damages.
2. Summons - Once the plaintiff's petition is filed, a "summons" is issued to be served on the defendant by an officer of the Court, usually a Deputy Sheriff or process server, informing the defendant that suit has been filed and that a response must be made within a given period of time or a judgment will be taken against him.
3. Answer or Motion - The response filed by the defendant is called an Answer, which is prepared by the attorney for the defendant. Alternatively, if a defense attorney feels there is a fatal flaw with the lawsuit a motion to dismiss the complaint or to strike portions of the complaint may be filed.

B. Discovery

Once an action is filed, both sides have a right to "discover" facts concerning the opposing party's case. Normal discovery proceedings include written interrogatories, depositions, production of records, and sometimes medical examinations.

1. Interrogatories - Each side may serve written questions on the opposing party, called "interrogatories". You are required to answer these questions within a prescribed period of time, in writing and under oath. We will serve interrogatories on the defendant in your behalf, and the defendant will serve interrogatories on you, which you must answer. Bisnar | Chase will assist you in preparing your answers.
2. Depositions - Used to learn as much as possible about the other side's claim or defenses, a deposition collects information, under oath, that is transcribed in a statement which may be used by either side in a lawsuit. It has the same effect as testifying under oath. Those present are the parties concerned, their lawyers, sometimes an additional witness or two, and a court reporter who records the questions and answers. The lawyers normally agree in advance where the deposition will be held. It is usually in the office of one of the lawyers. You are required by law to give a deposition. This is not something in which we have a choice. Because of this, we will need your full cooperation. Prior to the deposition, Bisnar | Chase will go over the facts of the case with you and answer any questions you might have.

YOUR DEPOSTION IS OFTEN
THE MOST IMPORTANT PART OF YOUR CASE.

It is important that you be prepared well in advance of the deposition date.

In giving a deposition, there are a few rules to follow:

a. Always tell the truth, even if it hurts your case.
b. Answer only the questions. Do not make any voluntary statements or speeches.
c. Think before you make any answer to any questions. If it concerns a matter about which you do not know, or a detail you do not remember, you may so state. However, once you have stated that you do not know or remember, it's hard to change your testimony at trial.
d. Always be polite. Frequently the other attorney will ask you many questions which will seem to you to have no bearing upon the case. Nevertheless, it is your duty to answer these questions, notwithstanding the fact that they may irritate you.
e. Never conceal prior injuries or prior illnesses. Remember, the other side has the means of obtaining such information.

Mediation

There are occasions when the parties submit the dispute to "mediation". The parties meet with an independent third person, usually an experienced lawyer or retired judge, who assists the parties in arriving at a settlement. The results are not binding. It is informal, and less expensive than a trial. If that is an option to your case, your lawyer will discuss it with you.

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HOLDING WRONGDOERS ACCOUNTABLE FOR THE DAMAGES THEY CAUSE SINCE 1978

HOLDING WRONGDOERS ACCOUNTABLE FOR THE DAMAGES THEY CAUSE SINCE 1978

Bisnar | Chase 2006-2008 - Super Lawyers is a listing of outstanding lawyers from more than 60 practice areas who have attained a high degree of peer recognition and professional achievement. Bisnar | Chase has received this award for three consecutive years.