San Fernando Valley Los Angeles Attorneys
Navigation Two
Phone Number

Entries in personal injury procedure (7)

Tuesday
Dec182012

Personal Injury Accident Care: Getting the Appropriate Treatment

Accident LawyerPersonal Injury San Fernando Valley 

by David B. Bobrosky
(818) 907-3254

 

 

If you’ve been injured in an accident, whether it be a car accident, or a trip and fall accident, or if you've been injured by a defective product – the first thing you should do is seek appropriate medical care.

Some attorneys advise seeking legal counsel before doing anything else, including getting medical care. This is wrong.  In fact, we won't represent that person if he or she has not yet received initial treatment for his or her injuries.  

See Your Own Doctors First

 

Many times we will be contacted after initial care is received. The care can be given by a paramedic, at an emergency room, or in an urgent care center. After emergency care is received, further treatment is usually needed.

If you have a primary care physician, our usual advice is to seek treatment from that physician first, if appropriate for the injuries you sustained.

Your primary care physician knows you best and presumably will be able to refer you to a physical therapist, orthopedist, neurologist, or other specialist, depending on your injuries. If you have health insurance and these providers are covered under your insurance, make sure to present your insurance information to these providers.

There are some attorneys who would rather you go to “their doctors.” They will tell you not to use your insurance and not to worry that you will not have to pay anything up front (liens will be discussed below).  This may sound good at first, but there are risks:

First:  Some of the less credible personal injury attorneys will refer you to a doctor who will work with them in litigation, but he or she may not be the best doctor for your needs.

Second:  You will have to explain to a jury why you chose not to use your insurance and not to go to your regular doctor.

Does this mean we never refer clients to doctors?  No, we certainly do under appropriate circumstances.

 

Don't Know a Doctor or Can't Afford Personal Injury Treatment?

 

Some clients do not have regular physicians. Others have doctors who are unwilling to become involved in an injury case. Some clients do not have health insurance or the means to pay for care on their own. Additionally, some clients have HMO insurance and cannot obtain referrals to specialists who are needed to render the best possible care.

Under all these circumstances, we will help the client find the best doctor for their given needs. Our firm has been in practice for over 40 years – we have worked with some of the best doctors in the area for almost every specialized need.

When you do not have insurance and cannot afford to pay for the care on your own, some doctors will accept liens.

A lien is a written agreement with a medical provider who will provide treatment, but wait until your case is over for payment. You must pay for the care, even if you do not recover anything for your injuries during your case. They are not treating you on a contingency basis; they are just agreeing to wait for payment.

Liens are often criticized by insurance company attorneys at personal injury trials, as they try to portray lien doctors as having a “stake” in your case.

But remember:  You are only put in this position because of the negligence of the defendant, and the defendant's and the insurance company’s unwillingness to pay for your medical care. If they would pay for your care as you get it, there would be no need to see a doctor on a lien.  Unfortunately, liability insurance carriers will not agree to pay for your care as you go.

Your ultimate goal is to get the appropriate care to treat, and hopefully resolve, your injuries. Your recovery is always the focus of the case.

 

Dave Bobrosky is an Accident and Injury Attorney with nearly 15 years of experience in helping Los Angeles accident victims and their families receive fair compensation for their injuries. Contact him via email: dbobrosky@lewitthackman.com.

Disclaimer:
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for obtaining legal advice from a licensed professional attorney in your state. 

 

Tuesday
Feb212012

Hiring the "Nice" Attorney a Smart Move for Most

Injury AttorneyInjury Attorney San Fernando Valley 

 

by David B. Bobrosky
(818) 907-3254

A friend of mine says that if he ever hears someone say that his attorney is a nice guy, he or she is fired. He says he doesn’t hire his attorney to be “nice.” If his attorney is nice when interacting with the other side, he or she is not doing their job. 

Mark Hermann published an article recently (“Is Our Lawyer Aggressive Enough”)  on the popular legal website “Above the Law” regarding a similar comment from one of his in-house lawyer colleagues. The comment focused on a concern of whether their outside counsel was “aggressive enough” during a meeting with other attorneys.   Mark described how an attorney can be just as successful, or more successful, being quietly confident as opposed to being a “blowhard.” He also stated another downside to being the type of attorney my friend looks for: 

[B]eing a blowhard can in fact undermine a lawyer’s effectiveness. As a client, I really don’t need to spend money on tangential discovery disputes caused by lawyers with too much testosterone being unable to get along. Being civilized can reduce costs and help speed a case to resolution. 

I completely agree with Mark. In fact, I think the negative effect of being a “blowhard” is magnified in the area of personal injury litigation. 

A personal injury attorney can, and should, be a “nice guy (or gal)”. Comparing two equally skilled lawyers, being  “nice ” helps at every stage of personal injury litigation. 

  • As a client, you want your attorney to be “nice” to you. You want the attorney to truly care about you and your case. This is more important in personal injury litigation than in any other area. If you have suffered a serious injury, or have lost a loved one, you are very vulnerable. You need to feel as though you can trust the attorney and that he or she is working your case as if you are a member of his or her own family. 

  • Statistics show that most cases settle prior to going to trial. Therefore, attorneys must present your case to defense counsel and insurance adjusters. In other words they need to sell your case. Your attorney needs to convince them to ask their superiors for authority to pay money on your case.  Being an attorney the other side likes and respects goes a long way in obtaining maximum value on your case. 

  • For the cases that do go to trial, it will benefit you if your attorney is able to cooperate with the attorney on the other side. Cooperation makes the trial much smoother. Judges and jurors also like “nice” and cooperative attorneys.  They do not appreciate attorneys who are always fighting with each other and making their time in jury duty even longer. An unhappy jury is generally not good for a Plaintiff’s case. 

Now, don’t confuse being “nice” for being a push over. An attorney should extend professional courtesies to the other side when possible, and when it does not hurt your case. Regardless, your attorney can, and must, vigorously pursue your case. However, your attorney should do this with the utmost professionalism and respect for the other side and the Court. It will get your attorney and YOUR case much farther.


David B. Bobrosky is a Los Angeles Personal Injury Attorney at our Firm. Contact him at dbobrosky@lewitthackman.com, 818.990.2120.

 
Disclaimer:
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for obtaining legal advice from a licensed professional attorney in your state.

 

Page 1 2
LEWITT HACKMAN | 16633 Ventura Boulevard, Eleventh Floor, Encino, California 91436-1865 | 818.990.2120