Major League Soccer Player Sues Nightclub and Red Bull
October 31, 2011
Here’s one you don’t hear about everyday:
DC United’s Charlie Davies Sues DC Nightclub, Drink Company Red Bull Over Car Crash
The professional soccer player claims that the bar and Red Bull overserved, and continued to overserve a woman alcohol. The woman has since pled guilty to involuntary manslaughter and drunken driving for the 2009 car accident.
This type of case is referred to as a “dram shop liability” case. Basically, restaurants and bars have a duty to stop serving people that are noticeably overly intoxicated. Otherwise, they contribute to drunk driving and the car accidents they cause.
The big problem I see with Mr. Davies’ case?
If this were in Oklahoma, an insurance defense attorney would definitely want to point out that Davies was hanging out with the woman that caused the accident. So, Davies should have known the risk of getting in the car with someone that was heavily intoxicated. This is known as “assumption of risk.”
The goal in filing a car accident lawsuit
May 31, 2011
What do you think the goal in filing a lawsuit for a car accident is?
The goal in any lawsuit is to get a fair equitable amount. In my opinion, “getting as much as possible” (or hoping for a windfall) is a fruitless endeavor. A jury will correctly see right through this. Chances are, if a lawsuit has been filed, the insurance company on the other side is making a low settlement offer – if they are even making an offer. Some insurance companies wait until a lawsuit is filed to even make a settlement offer to pay the medical bills. Don’t forget about lost income and pain & suffering.
Quick Car Accident Settlement
May 2, 2011
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The other driver offered to pay me $500 immediately after the accident. My car doesn’t look that bad, so I think that will cover the damage. Should I just accept this offer and be done with it?
No! There’s no way of knowing, unless you repair cars yourself, what the damages are to your car. You also may run into problems if you’re hurt. You should call the police and report the accident.
Should I settle my car accident claim? I’m still hurt
March 8, 2011
Yes and no. You can go ahead and try to settle the property damage claim. But, you should wait until you are through treating to try to settle your personal injury claim.
Remember that you generally have two years from the date of the accident to file a lawsuit for a car accident. Your first priority should be to get the proper medical treatment you need.
Most people don’t realize that your car accident claim is two distinct claims. So, it’s okay to settle the property damage claim and to wait to sign anything for your personal injury claim.
Are we going to have to file a car accident lawsuit?
February 28, 2011
“Are we going to have to file a lawsuit? I don’t want the stress of having to go to trial.”
Surprisingly (or not, depending on your view), most cases settle. Back in February ’09 I posted a statistic that “about 97 percent of civil cases are settled or dismissed without a trial.”
Mind you, this number doesn’t actually include the number of claims that are settled without a lawsuit actually being filed. A high percentage of car accident claims are settled before a lawsuit is filed. There’s even law firms and attorneys that will not file a lawsuit. If they can’t get the case settled, they refer those clients to attorneys willing to try cases (like us!). I believe insurance companies facing attorneys that won’t “go the distance” will value those car accident claims much lower.
Could a Medical Lien Become Your Worst Nightmare?
February 4, 2011
Los Angeles car accident lawyers have seen a plague of car accidents in California. These accidents range from cuts and bruises to more serious injuries that can be life threatening. Knowing what fatal mistakes to avoid after your accident can save you time and money. One of those fatal mistakes is signing a medical lien.
A medical lien is a promise to pay your medical bills later from your personal injury settlement. In theory, this may appear harmless. In reality, it could become a disaster. It has been my observation over the years that health care expenses are much greater on a medical lien. A lien agreement provides no oversight as to how appropriate the treatment is. Some doctors will over treat, over charge, or both. With no over sight you are at the mercy of your medical facility.
Signing a medical lien will obligate your personal injury attorney to pay your medical fees from your settlement money. In some cases, your settlement could be a lesser value than the money you owe. In this instance, you will have to pay the remainder of the lien from your own pocket.
Injured California car accident victims — especially those who are catastrophically injured — should receive healthcare. Above all, it is important to receive treatment for your injuries and make a full recovery. It is also your duty by law to receive proper healthcare to ensure your injuries do not get worse. If your injuries get worse by your own neglect, you will be held responsible for the worsening of your injuries, not the person who initially caused the injury.
Free Book To Injured California Accident Victims
If you would like to learn more about medical liens you may request your copy of “The Seven Fatal Mistakes That Can Wreck Your California Personal Injury Claim.” This book is valued at 14.99 and offered free to California personal injury victims. Inside you will find important information every accident victim should have.
Get Help For Your California Personal Injury Accident
If you or a loved one has suffered from a California personal injury accident and have questions, please contact BISNAR | CHASE Personal Injury Lawyers for a free consultation. We offer complimentary, no obligation consultations as well as a no fee guarantee. This means that if we don’t win your case you don’t pay.
Do I have to go to the doctor my employer told me to go to?
January 14, 2011
No! Go to whatever doctor you are comfortable with – preferably your primary care physician.
If, down the road, the insurance company is contesting if you are hurt (or the treatment), it will be proper for you to go to an “independent medical examiner.” The is basically a doctor that will review your case for the insurance company. This doctor will also be paid by the insurance company to examine your injuries.
“I don’t want to hire a lawyer.”
January 6, 2011
You don’t have to! But, it’s in your best interest to at least talk with one.
I’m out of work – How can I afford a car accident lawyer?
January 5, 2011
First off, we provide a free consultation to meet with you to help you decide if you have a case and if you need an attorney. Remember that not all car accident claims actually need a lawyer.
If you and I decide that our firm is best to represent you, we then sign a contract. Our contract details our contingency fee. This means that we only get paid if we recover something for you. So, there’s no out of pocket costs on your end. We also front all the litigation costs. Our car accident contingent fees generally start out at 25% or 33%.
Contingency Fee and Property Damage
December 14, 2010
Our auto accident cases are almost always handled on a contingency fee for the personal injury claim. But, how is the property damage claim handled?
Most of the time we can get the property damage settled with several phone calls to the insurance company. So, we charge nothing for this.
