Minimizing the Damage of a Case Weakness

There are a number of issues that can weaken your Ventura County personal injury claim. For instance, if you share a degree of culpability, insurance companies may try to suggest that you were largely to blame. If you suffer an injury subsequent to the accident in question, similarly, the defendant’s insurer will try to use this to their advantage and offer a lower settlement.

Consider this hypothetical: you are riding your bicycle to work when a car runs you off the road. You sustain injuries to your arm, neck, and lower back. You are then treated by a physician for several months and then find yourself in a second accident. What is worse, the arm, neck, and lower back are once again injured. When you suffer a second accident in which the same area of your body is hurt, the insurance company may place more value on the second one, which just happens not to be a part of the claim. This can especially occur when your doctor can’t differentiate between the injuries you suffered in the first accident and those in the second.

Given the same hypothetical, if you subsequently injure other parts of your body from those in the first, the insurance company will try to argue that the second, unrelated accident aggravated your initial injuries.

Your Ventura County personal injury lawyer can undermine the insurer’s ruse to avoid paying you a fair settlement by gathering evidence. First, he should interview any witnesses who can attest to the differences in your condition after the second accident. Then he should look for medical records which show you did not complain about the injury to the same area of the body after the second accident. Finally, he should ask your treating physician to testify to the differences in your condition after each accident.

Even if the insurer tries to argue down the damages you are due in your personal injury case, it will be very useful to hire a lawyer. Contact Ventura County personal injury lawyer Gary Mitchell for an evaluation of your claim.

Gary Mitchell, Attorney at Law
Westlake Village Personal Injury Lawyer

4195 East Thousand Oaks Blvd Suite 240A
Westlake Village, California 91362

Phone: (805) 449-4243
Fax: (805) 449-4245

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Client Expectations During Personal Injury Litigation

Your Ventura County personal injury attorney is going to make every possible effort to ensure you the best possible outcome for your personal injury case. It is important to stay realistic, however, throughout the course of your case and to manage your expectations in such a manner so as to not be disappointed, in the event you do not receive the settlement or jury verdict you were expecting. Many factors go into a final verdict amount and personal injury plaintiffs must be prepared for the multitude of events that can occur throughout the course of litigation.

Witnesses play a large part in the civil litigation process, both positive and negative. On the one hand, few plaintiffs have ever proven successful without the help of witnesses and experts. On the other hand, witnesses and experts are also known to make unexpected remarks to a jury and provide testimony not contemplated or planned by the parties. Juries tend to assign a lower credibility to witnesses who are clearly biased in favor of the plaintiff and incapable of rendering an objective opinion. In addition, expert witnesses who lack confidence during testimony or seem unprepared for a cross-examination could shine a light of skepticism on your case, resulting in a lower jury verdict.

Venue is an important consideration in any personal injury case. The laws of civil procedure require a plaintiff to file a lawsuit in a venue which will be convenient for the defendant and afford all witnesses the opportunity to attend the proceeding without too much trouble. However, certain jurisdictions are much more doubtful of personal injury plaintiffs than others and may be less apt to award significant verdict amounts. Research shows that states like Vermont, South Dakota, New Hampshire, and Maine report fewer than ten verdicts in excess of one million dollars while states like California, New York, and Florida repeatedly report million-dollar verdicts on a regular basis.

As you work with your Ventura County personal injury attorney towards an eventual verdict or settlement amount, it is important to keep a positive and realistic attitude about your recovery amount. For more information about personal injury lawsuits or to commence a case, contact the law office of Gary Mitchell today.

Gary Mitchell, Attorney at Law
Ventura County personal injury attorney

4195 East Thousand Oaks Blvd Suite 240A
Westlake Village, California 91362

Phone: (805) 449-4243
Fax: (805) 449-4245

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How Claims Are Handled by Insurance Adjusters

Each insurance company handles its accident claims differently. There are various factors that affect the way claims are handled, whether it is the size of the insurance company, location, or the corporate guidelines. Nevertheless, all insurance companies have one ultimate goal, which is to settle for as little as possible. Therefore, without the assistance of an experienced Ventura County personal injury attorney, you will not get the just compensation that you deserve.

Generally, the larger insurance companies are more conservative in the way they handle their claims. They are not hesitant to take their cases to litigation, and they are not afraid of losing a few thousand dollars, as it will barely make a dent in their pockets. These large national carriers are usually managed by claims managers who are very loyal and run a tight ship. They have several claims supervisors who directly report to them cannot settle any claims without the authorization of their manager.

On the other hand, the smaller carriers are easier to deal with. Although they do not simply give money away, they are more reasonable and willing to negotiate and settle their cases. These smaller and local carriers have fewer claims managers who directly report to the vice president of the entire company.

Whether you are facing a big or small insurance company, you are nevertheless dealing with an adverse party who does not care about your damages and injuries. You still need the representation of an aggressive Ventura County personal injury attorney to help you get the compensation that you deserve.

For a free initial consultation with dedicated and knowledgeable Ventura County personal injury attorney Gary Mitchell, call today.

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What Makes a Good Personal Injury Attorney?

Good plaintiff’s personal injury attorneys give claims adjusters all of the information that he or she will need in order to justify the amount claimed so they can work together towards a resolution of the claim. Accordingly, because adjusters are often swamped with cases, it is important for your Ventura County personal injury attorney to carefully write up, in thorough detail, a specific request for all of the items of damage for which the claim is being made.

Good plaintiff personal attorneys typically work beyond their clients’ expectations. For instance, if the insurance representative asks for a narrative medical report from the plaintiff’s treating doctor, a good plaintiff’s personal injury attorney will go above and beyond by not only securing the requested report, but also by gathering all legible nursing notes or other documentation to support the doctor’s report.

It is not unusual for the nursing notes or hospital logs that discuss the plaintiff’s injury to be more valuable than the doctor’s actual narrative medical report, because the notes and logs are generally in the form of a diary, in chronological order, and they show the progress (or lack thereof) of the plaintiff’s recovery and complaints.

Also, good plaintiff’s personal injury attorneys are able to foresee the needs of the claims adjuster; therefore, they will report the total amount of the claim to the adjuster as soon as possible in an effort to allow him or her to set the appropriate reserve of money so that it is available when the claim is set to be paid.

An unusual case related to the porn industry was last month. Famous porn actress Mona Blue filed a lawsuit against the studio Pure Taboo because of an injury in the workplace, during the filming of 4k porn, she injured her hand. Medical journals and nurse records played a key role in sentencing!

If you need a skilled Ventura County personal injury attorney, please call Gary Mitchell a free consultation.

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Post-Trial Procedures

If the other party in your case is at fault and you have done all you can to prepare for trial, there is a good chance your Ventura County personal injury attorney will receive a favorable verdict.

Once a verdict is rendered in your favor, and assuming the defense does not appeal, the next step is to calculate the final dollar amount. Factors involved include:

  1. Your actual damages;
  2. Interest due, if any;
  3. Court costs;
  4. Expert witness fees, if any; and
  5. Attorney fees.

The lawyers for both sides will work out the details to arrive at a specific result. Typically, this takes a few weeks and perhaps as long as one month. Once this is finalized, you will receive your money.

But what if the verdict is not in your favor? Hopefully this will not be the case, but you must prepare for all possibilities. Clearly you have the right to appeal, but it may not be appropriate in every instance. Your experienced Ventura County personal injury attorney will explain the costs and time involved, and advise you whether or not an appeal is in your best interests.

In some circumstances, although rare, the insurance company may offer a small amount to you as an inducement not to file an appeal. This may be a factor in deciding how you proceed.

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