1. What are some things I should do if I am involved in an accident?
2. When should I hire a personal injury lawyer?
3. How much does it cost to hire a personal injury lawyer? Shouldn't I wait as long as possible before hiring one in order to save money?
4. How long will it take for my personal injury case to resolve?
5. If my case goes to trial, how long will I be in court?
6. What expenses will I have to pay towards litigation other than attorney fees? Will I have to pay these expenses up front or will they come out of my recovery?
   What are expert witnesses?
7. Will I need to hire experts for my case?
8. Will the defendant in my personal injury case have to pay for my damages out of his or her own pocket?
9. What if I was partly at fault for my injuries?
   How do I start a case against the responsible party on behalf of someone disabled or paralyzed by an accident?
10. How do you assign a dollar value to my case?
11. The responsible party's insurance company has called me for a tape-recorded statement. They say that they will not be able to compensate me for my damages without one. What should I do?

What are some things I should do if I am involved in an accident?

1. Get emergency medical assistance. Defense lawyers often argue that an injury was not caused by a particular accident, or did not cause pain, suffering or severe trauma on the grounds that the plaintiff never sought emergency-room assistance.

2. Memorialize in writing or on your computer every detail you can possibly remember about the accident. Be sure to write "communication to my lawyer" at the top of the page in order to maintain confidentiality.

3. Photograph immediately and comprehensively (i.e. multiple distances and angles) all visual evidence of bodily injury and property damage. Do not wait to develop the photos, because if they come out unclear they need to be retaken quickly so as to memorialize physical injuries before they heal or subside. At the same time, take photos of bodily injuries every day or every week (as necessary) to memorialize each visible stage and length of time of the healing process.

4. Photograph immediately and comprehensively any dangerous conditions, items or vehicles that caused or were involved in the accident (such a vehicle, a piece of hardware, a loose staircase). It is important to photograph these items before they are fixed, improved, or removed from the scene. Also photograph any relevant road signs, traffic signals and intersections.

5. Never give anyone (including law enforcement and insurance company representatives) any statement, whether verbal or in writing. Simply ask individuals requesting a statement to contact your lawyer directly.

6. Never sign any document pertaining to the accident, including (without limitation) an insurance company's release of claims, authorization to obtain information, or written statement describing what happened. Have your lawyer review any such document before executing it.

7. Request the names, addresses and telephone numbers of any witnesses to the accident, and persons involved or injured in the accident.

8. If you must take time off of work because of the accident, always secure a doctor's note confirming that the time off was doctor-recommended or ordered.

9. All physical evidence should be marked and preserved. For example, a defective product that caused injury, shoes worn in a slip and fall injury, documents (such as receipts) proving that you were present at the scene of the injury, etc.

10. Medical treatment should be continuous and as frequent as necessary. Long gaps between treatment are often cited by defense attorneys as evidence that an injury is not serious, that medical treatment is not really necessary, and that the plaintiff is malingering.

When should I hire a personal injury lawyer?

Immediately. The value of your case is directly related to the evidence collected that will prove your claims. The sooner you hire a lawyer, the sooner he or she can begin interviewing witnesses, investigating the scene, memorializing relevant details (such as through photographs, written statements, business or medical records, etc.) You might be surprised at how much the smallest and seemingly most insignificant evidentiary details can actually affect the amount of damages awarded by a jury at trial. Every little thing counts! Moreover, your attorney will prevent you from doing things that may damage your case, such as giving statements and signing documents that may later be used against you.

How much does it cost to hire a personal injury lawyer? Shouldn't I wait as long as possible before hiring one in order to save money?

In personal injury cases, we will take your case on a contingency basis. This means that instead of being paid hourly, we are paid a pre-determined percentage of your recovery. If you do not obtain a recovery, your lawyers do not get paid. The reason for this arrangement is that hourly fees for a good lawyer are typically hundreds of dollars per hour, and most people cannot afford to pay such monies up front. Thus, in order to provide you with the opportunity to be represented effectively (just like the defendant's insurance company's will be!) personal injury lawyers typically will accept the risk inherent with any contingency (i.e. "get paid later, maybe") arrangement in exchange for an interest in the recovery. Because you are not paying for your personal injury lawyer's time, you will only benefit by retaining him or her sooner (which also will allow the lawyer to go to work on your case earlier, thereby maximizing its value). In addition, your fee arrangement with your lawyer typically calls for a smaller percentage fee if the case settles earlier on in the litigation. Thus, you may ultimately save money in attorney fees by hiring your attorney earlier.

How long will it take for my personal injury case to resolve?

Your personal injury case will be resolved either through a settlement or through a jury trial. Settlements can take anywhere from a few weeks to the day before trial. Trials typically occur within one year of the filing of a lawsuit for non-complex injury cases, and within two or three years for complex cases.

If my case goes to trial, how long will I be in court?

Trials in non-complex cases normally last 3-5 days. Trials in complex cases (relatively high number of witnesses, expert testimony and documents, normally associated with catastrophic injuries) can last from a couple of weeks to several months.

What expenses will I have to pay towards litigation other than attorney fees? Will I have to pay these expenses up front or will they come out of my recovery?

Litigation costs commonly include process servers' fees, fees fixed by law or assessed by courts and other agencies, court reporters' fees, deposition fees, witness fees, filing fees, jury fees, telephone toll-charges, messenger and other delivery fees, postage, parking and other local travel expenses including mileage, photocopying, printing and other reproduction costs, facsimile charges, and any costs paid out to third parties for services rendered obtained on behalf of your case, including expert witnesses, consultants and investigators. Other costs are a function of your attorney's geographic proximity to the courthouse, and may include meals, lodging, airfare and taxis (if applicable) related to out-of-town travel. Your attorney usually will advance most or all of the costs on your case, and reimburse them out of your recovery. Under some limited circumstances, such as when the costs in your case are expected to be exceedingly high, and the recovery limited or uncertain, your attorney may require to put down a deposit towards costs in order to take your case. If there is no recovery, typically your attorney will absorb the loss and not seek reimbursement of costs advanced on your case (although this arrangement may vary with each case).

What are expert witnesses?

An expert witness is a person that you retain to analyze certain evidence in your case and render an opinion to the jury at trial. This is different from a "non-expert" witness, also known as a "percipient" witness, who is only allowed to testify as to matters that he or she has seen, heard or otherwise perceived. In order to render opinion testimony as an expert witness, the expert must first prove to the court his or her qualifications on the topic at issue. An example of an expert witness could be a structural engineer, who renders an opinion regarding whether a building remains safe to inhabit after being struck by large vehicle, or an oncologist who renders an opinion about the likely cause of a person's cancer. Sometimes, an expert witness can also be a percipient witness, such as when your doctor testifies as to injuries on your body he or she has observed, but then also renders an opinion on how long it will take your injuries to heal, or their long-term consequences.

Will I need to hire experts for my case?

Your attorney will advise you as to whether an expert should be retained on your case, or whether an expert should testify at your trial. Typically, your attorney will select the expert(s) for you based on his understanding of the needs of your case, and his knowledge and experience as to which expert(s) might be best suited for your case (although experts typically are not hired without your permission). The attorney then works together with the expert(s) as a team in the preparation of your case for trial. Experts typically constitute the most expensive single cost in any case, because they charge significantly for each hour of their time. For this reason, the use experts often are not brought onto the case until shortly before trial, unless the complexity and severity of the case calls for the purchase expert analysis and diagnosis earlier on.

Will the defendant in my personal injury case have to pay for my damages out of his or her own pocket?

Usually not. Most drivers have insurance for accident liability. Likewise, most product manufacturers, owners of commercial properties and suppliers of goods and services have liability insurance covering them from liability for injuries to third parties arising from their business activities. The insurance companies also typically pay for the attorney fees and litigation costs associated with the responsible party's defense. When there is no insurance coverage, many attorneys will refrain from going after the responsible party unless the party owns sufficient assets (money, property, real estate, etc.) from which a recovery can be satisfied.

What if I was partly at fault for my injuries?

California is what we call a "comparative fault" state, which means that liability for damages caused by an accident is apportioned according to the percentage of each party's fault. This means that if a jury finds that you were 50% at fault for your own injuries (for example, if you were speeding significantly when you hit the other party, who ran a stop sign), then the overall damage award is discounted by 50%. This means that just because you did something that may have contributed to the accident, you still may have a very worthwhile case if your portion of the fault was relatively minor, or if your injuries or pain/suffering are significant.

How do I start a case against the responsible party on behalf of someone disabled or paralyzed by an accident?

Coming to our website and looking for an aggressive highly professional and effective personal injury lawyer is a great start. The bottom line is that following any catastrophic accident, you should hire a lawyer immediately even if it is on behalf of a family member. The earlier your lawyer can start investigating the case and collecting evidence, the greater the recovery will be. Functioning as a guardian for the injured party can be performed in several ways, such as being a representative payee for state social security or disability benefits, executing a durable power of attorney, or being a court-sanctioned conservator with certain powers. Call Kopple & Wolf right away for answers to your questions on this issue. We would be happy to meet with your injured friend or relative at his or her home, or at the hospital.

How do you assign a dollar value to my case?

While attorneys are ethically prohibited from guaranteeing a certain result in any case, they are responsible for rendering to you reasonable and intelligent predictions as to the general value range of your case, given assumptions about the circumstances of the accident and your injuries. Factors taken into account include the nature of the injuries, the amount of time it will take the injuries to heal or the duration of any resulting disability, the frequency, intensity and duration of pain, the nature, intensity and duration of any lost function, visible symptoms such as bruising and scarring, the cost of past and future medical treatment and maintenance (such as therapy), past and future loss of work income, or earning capacity, and overall mental suffering and emotional distress. In addition, case value is affected by the particular judicial jurisdiction involved. For example, a particular injury may be awarded more value in Los Angeles than in Bakersfield, simply because the cost of living and median income is lower. Other factors include the degree of negligence or recklessness of the responsible party (for example, a car accident case caused by someone driving under the influence of alcohol may garner more sympathy from a jury, and thus more damages). If an intentional injury is involved, such as an assault/battery, a punitive damage factor (damages that may be awarded by the jury solely for the sake of punishment, above and beyond the actual damages) may be added to the assessment. Sometimes, if the circumstances of the case are common enough, your attorney can consult past verdicts in similar jurisdictions and in similar cases to find out they way juries have "valued" particular injuries. This may be one predictor (although not a certain or precise one) of the dollar value of your case.

The responsible party's insurance company has called me for a tape-recorded statement. They say that they will not be able to compensate me for my damages without one. What should I do?

Call Kopple & Wolf right away, before granting or making any such statement, whether verbally or in writing. If there is any chance that you will pursue litigation to maximize your recovery you should remain silent and refuse to grant a statement to any insurance company, even your own! Remember that insurance companies want your statement for one reason only — and that is to minimize the amount of money they will have to pay out to you. Even your own insurance company (medical or auto, for example), which may be responsible for covering you in the event of an accident regardless of who was at fault, has a strong interest in minimizing your loss over the long run so that it will be better positioned to deny your claim for reimbursement of extended medical treatment, expenses, etc. In addition, ALWAYS remember that EVERYTHING YOU SAY CAN BE USED AGAINST YOU AT TRIAL....BUT NOTHING YOU SAY CAN BE USED TO HELP YOUR CASE AT TRIAL. This is because only the defendant can use your out-of-court statements at trial — you cannot — and as you can imagine, the defendant will pick and choose to use only those portions of your statements that limit its liability, that minimize your claim for damages, and that suggest you were at least partly at fault for your injuries.

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