Why are police officer opinions and conclusions often inadmissible in a court trial?
While police reports are crucial for gathering facts, a police officer’s conclusion about who was “at fault” is typically considered an opinion and is not admissible as evidence in court unless the officer is designated as an expert witness. A lawyer must prove fault using independent evidence.
What specific legal procedures apply to filing a personal injury claim against the Federal Government?
Claims against the U.S. government fall under the Federal Tort Claims Act (FTCA), which requires the filing of a specific administrative claim (Form 95) within two years of the incident. This process is distinct from state law claims and must be handled by an experienced attorney.
When does a court issue a protective order during the discovery phase of a lawsuit?
A protective order is a court order intended to limit the scope of discovery. It’s often used to protect highly sensitive, personal, or proprietary information from being disclosed to the public or the opposing party during the litigation process.
Can a criminal conviction of the at-fault driver help my civil case?
Yes. A criminal conviction, such as a DUI, can be powerful evidence of negligence in your civil personal injury case. It can make it much more difficult for the defense to argue they were not at fault.
What is the typical timeline for resolution in a personal injury claim?
The timeline varies significantly. Simple claims can settle in 6 to 9 months. If a lawsuit must be filed, the process typically takes 18 to 36 months to complete the discovery phase and reach mediation or trial. The complexity of your injuries and the defendant’s willingness to negotiate are the main factors.
What is a continuance and how does a delay in trial date impact the case?
A continuance is a court order that postpones a scheduled hearing or trial date. While often frustrating for the client, delays can sometimes benefit the case by giving the client more time to reach Maximum Medical Improvement (MMI) or by allowing more evidence to be gathered.
What is a "statute of repose" and how is it different from a statute of limitations?
While a statute of limitations sets a deadline for filing a lawsuit based on when the injury occurred or was discovered, a statute of repose sets an absolute, final deadline that cannot be extended. It is most common in product liability and construction defect cases. For example, a state might have a 10-year statute of repose on a product, meaning no lawsuit can be filed for an injury caused by that product more than 10 years after it was manufactured, regardless of when the injury happened.
Who is the best person to speak to at a law firm when I'm looking for an attorney?
When you first call a law firm, you will likely speak with a member of the intake department. These specialists are trained to gather the critical details of your case efficiently and compassionately. Their job is to understand the basic facts so they can present them to an attorney for review. While you may not speak to a partner on the very first call, a high-quality intake process is the sign of a well-run, client-focused law firm.
What is "subrogation" by my health insurance company and why is it part of my case?
Subrogation is the contractual right your health insurance company has to be reimbursed for the medical bills they paid related to your accident. This reimbursement comes from your final settlement. At Karns & Karns, we work with health insurers to negotiate these subrogation liens down to increase the amount of money you take home.
What is the difference between a "statute of limitations" and a "notice of claim"?
The statute of limitations is the deadline to file a lawsuit in court, which is typically two years for personal injury cases in California, Texas, and Nevada. A notice of claim is a much shorter deadline (often six months) that you must meet if you are suing a government entity, and it must be filed before you can file a lawsuit.
What happens if my medical treatment costs more than my settlement?
It is extremely rare for a medical provider who agrees to a letter of protection to seek payment from you personally if the final settlement is less than your medical bills. This is because a letter of protection is an agreement between your law firm and the medical provider, and your law firm would take responsibility for negotiating down the medical bills. A skilled personal injury firm will work to negotiate all medical liens and outstanding bills to a manageable amount to ensure you take home a fair portion of your settlement.
What if the insurance company denies my claim?
If the insurance company denies your claim, it is not the end of the road. It simply means they are refusing to make a voluntary settlement offer. At this point, your attorney will discuss the next step, which is typically filing a personal injury lawsuit. At Karns & Karns, we build every case from the beginning with the assumption that the insurer might deny it, so we are always prepared to immediately move into the litigation phase to fight for our clients’ rights in court.
What should I do if my health insurance company refuses to pay for my accident-related medical bills?
If your health insurance company denies your claim, it could be due to a variety of reasons, such as claiming the bills should be paid by the at-fault driver’s insurance. If this happens, your attorney will handle all communication with your health insurance company to determine the exact reason for the denial. Your attorney can work to resolve the issue directly, and if necessary, a letter of protection can be used to ensure you are able to continue receiving the medical treatment you need.
What's the difference between a chiropractor and a medical doctor for a personal injury case?
A medical doctor (MD) is a licensed physician who can diagnose and treat a wide range of conditions, and their testimony is often given more weight in a legal case. A chiropractor is a licensed professional who focuses on the musculoskeletal injuries. Both can play a vital role in your recovery and case. Many clients benefit from seeing both, especially if they have soft tissue injuries, which are often treated by a chiropractor, and other more serious injuries that require an MD. It’s important to see a medical professional from the beginning to document all injuries.
What does "Maximum Medical Improvement" (MMI) mean for my case?
Maximum Medical Improvement, or MMI, is a crucial point in your recovery. It’s the stage where your doctor determines that your condition has stabilized and you are unlikely to get any better. Reaching MMI is important because it allows your attorney to understand the full extent of your past and future medical needs, which is necessary to accurately value your case and submit a final settlement demand to the insurance company.
What is a "letter of protection" and how does it help me get medical care?
A letter of protection (LOP) is a legal document your attorney sends to a medical provider. It guarantees that the provider will be paid for their services directly from your future settlement or jury verdict. A letter of protection allows you to get the medical care you need immediately, even if you do not have health insurance or cannot afford the high co-pays or deductibles. It removes the financial barrier to medical care, ensuring your injuries are properly diagnosed and treated.
What are the key milestones of a personal injury lawsuit, from start to finish?
The personal injury lawsuit process typically includes several milestones: the initial investigation, the filing of the complaint, the discovery phase (which includes interrogatories and depositions), mediation or arbitration, and if the case doesn’t settle, a trial. Our team at Karns & Karns will guide you through each of these phases, ensuring you are prepared and confident at every step.
How often will I get updates on the status of my case?
Communication standards vary by firm. A good law firm should provide you with regular updates at every key milestone in your case, such as when a demand is sent, an offer is received, or a hearing is scheduled. You should also feel comfortable calling or emailing your case manager or attorney with questions. Establishing a clear communication expectation at the beginning is important for a good attorney-client relationship.
What is a "demand letter"?
A demand letter is a formal document prepared by your attorney that is sent to the insurance company to start settlement negotiations. It lays out the facts of the case, establishes the legal basis for liability, details all of your damages (including medical bills, lost wages, and pain and suffering), and makes a specific monetary demand to settle the claim. A well-drafted demand package is a critical piece of advocacy.
What is the purpose of a "motion for summary judgment" in a civil case?
A motion for summary judgment is a request to the court to rule in favor of one party without a full trial. This motion argues that there are no genuine disputes of material fact, and the law requires a judgment for the moving party. It is a key litigation tool used by the defense and sometimes plaintiff lawyers.
Can a doctor be forced to testify at trial about my injuries?
Yes. Your attorney or the defense attorney can compel a doctor’s testimony through a subpoena. Expert witnesses and treating physicians are often required to testify to establish the cause, nature, and prognosis of your injuries.
What does it mean if a case is resolved through "binding arbitration"?
Binding arbitration is a private, formal hearing where a neutral arbitrator (instead of a judge or jury) issues a final decision. Both parties agree beforehand that this decision is legally enforceable and cannot generally be appealed, effectively replacing a trial.
Can I still file a claim if I had a pre-existing condition that was made worse?
Yes. This falls under the “eggshell plaintiff” rule, which means the at-fault party is responsible for all damages they cause, even if the victim was more susceptible to injury than a normal person. You can’t be compensated for the pre-existing condition itself, but you can be fully compensated for the aggravation or worsening of that condition caused by the defendant’s negligence.
What is a deposition and will I have to give one?
A deposition is sworn testimony given under oath outside of court. It is a standard part of the discovery process in most lawsuits. The opposing attorney will ask you questions about the accident, your injuries, and your background, and your answers are recorded by a court reporter. At Karns & Karns, we conduct extensive preparation sessions with our clients before a deposition to ensure they are comfortable, confident, and ready for the process.
How do you prepare a client for a deposition?
A deposition is a critical part of your case. We meet with clients beforehand to explain the process, review the facts of the case, and teach them how to present these facts as compelling as possible. Our goal is to ensure you are comfortable and confident under oath.
What are some of the most common legal motions that happen during a lawsuit?
Legal motions are formal requests made to a judge for an order or ruling on a specific issue. Common motions in personal injury cases include a motion to compel, which asks the court to force a party to provide information they are withholding during discovery, and a motion for summary judgment, which asks the court to decide the case without a trial because there are no material facts in dispute.
How does a law firm use social media and digital evidence in a case?
Social media is an extremely important piece of digital evidence. Opposing counsel and insurance adjusters will scour your social media accounts for anything that might hurt your case. For this reason, we often advise our clients to stop all social media activity while their case is ongoing. Digital evidence also includes things like dashcam footage, security camera video from nearby businesses, and even the “black box” data from a commercial vehicle.
What is the purpose of a jury in a personal injury trial?
In a personal injury trial, the jury’s main role is to act as the “finder of fact.” They listen to the evidence presented by both sides and decide two key things: whether the defendant was negligent and, if so, the amount of money to be awarded to the plaintiff for their injuries.
What's the difference between a jury trial and a bench trial?
A jury trial is a legal proceeding where a group of citizens (the jury) hears evidence and decides the verdict. A bench trial, in contrast, is heard solely by a judge, who acts as both the finder of fact and the one who applies the law. Most personal injury cases go to a jury trial if they do not settle, as plaintiffs often prefer to present their case to a jury of their peers.
How is a jury selected for a personal injury case?
Jury selection, or “voir dire,” is the process by which attorneys question a pool of potential jurors to determine their suitability to serve on the jury. The goal is to select a jury that can be fair and impartial. At our firm, we carefully question potential jurors to ensure we select a jury that is most likely to understand and empathize with our client’s case.
What are "interrogatories" and what is their purpose in a lawsuit?
Interrogatories are a set of written questions sent by one party to the other during the discovery phase of a lawsuit. The answers are provided under oath. They are used to gather basic information about the case, such as the details of the accident, the nature of the injuries, and a list of all medical treatment and providers.
What is the difference between a settlement and a verdict?
A settlement is an agreement between the parties to resolve the case before trial. A verdict is the final decision made by a jury or judge at the conclusion of a trial. Most personal injury cases result in a settlement.
What are the pros and cons of going to trial versus accepting a settlement?
Going to trial offers the chance for a potentially much larger jury verdict, but it also comes with the risk of losing and receiving nothing. It is also more expensive and time-consuming. A settlement offers a guaranteed outcome, certainty, and a quicker resolution, but the final amount may be less than a jury would have awarded. A skilled personal injury lawyer will advise you on the best path for your specific case.
What is the difference between mediation, arbitration, and trial?
These are three common ways to resolve a case. Mediation is a voluntary negotiation session guided by a neutral third party (the mediator) to help both sides reach a settlement. Arbitration is like a private trial where a neutral arbitrator hears evidence and makes a binding decision. A Trial is the formal court process before a judge and jury. Most cases settle, often during mediation, to avoid the risk and expense of trial.