SILENCE IS GOLDEN

Memorial Weekend brings celebrations — and unfortunately, accidents. Whether you were injured by a drunk or distracted driver, or you find yourself accused of DUI, what you do in the hours immediately following can make or break your case.

The single most important rule: remain silent.

Do not give statements, make admissions, or settle with any insurance company without your attorney’s permission. It is not what you said — it is what they thought you said, and what they write in their report.

If an adjuster calls, simply say: “I would be happy to speak with you, but my lawyer has instructed me not to discuss anything without his permission.” Get their name and number and we will handle everything from there. Insurance companies are trained to minimize payouts — not to protect you.

IF YOU’VE BEEN INJURED: WHAT TO DO FIRST

Start with a written summary. Describe your condition from the top of your head to the bottom of your feet — how the accident happened, how you felt immediately after, and how you feel today. This becomes a critical document in your case.

Then:

Check yourself for injuries. Gently touch different areas of your body for pain or tenderness. Notice discomfort when moving, bending, sitting, or sleeping. Symptoms often appear days later — do not assume you are fine.

Stay current with your medical treatment. Inform us of every provider you see. Continue treatment as recommended. Gaps in care can significantly reduce the value of your case.

THE STAGES OF A PERSONAL INJURY CASE

A PI case may settle at any stage. Here is what happens if it does not resolve early:

  1. Retainer Agreement.We formalize our relationship and begin building your case.
  2. Medical Treatment.We collect records once treatment concludes — or when appropriate for early settlement discussions.
  3. Settlement Demand.We prepare a formal demand package to the defendant’s insurance company. Many cases resolve here.
  4. Filing a Lawsuit.If the insurance company refuses to be reasonable — or the two-year Statute of Limitations is approaching — we file a Summons and Complaint to protect your rights. The defendant must respond within 30 days of being served.
  5. Discovery.Both sides exchange information over roughly six months or more, including written questions (interrogatories), document requests, depositions, and independent medical examinations.
  6. Arbitration.The court may order non-binding arbitration. An arbitrator issues a decision within 30 days, and either party has 30 days to request a Trial de Novo — a new trial before a judge or jury.
  7. Mandatory Settlement Conference.Before trial, the court schedules a formal final attempt to settle. Many cases resolve at this stage.
  8. Trial.If no agreement is reached, the case proceeds to a final verdict.

A NOTE ON COURT DELAYS

Riverside County Superior Court — both Palm Springs and Indio — has experienced significant case backlogs. Justice delayed benefits insurance companies, not injury victims. It is one more reason they drag their feet.

AFTER SETTLEMENT OR VERDICT

Once a settlement is reached, the insurance draft can take 30 or more days to arrive. Insurance companies often “deny and delay” to hold onto their money as long as possible.

Upon receipt, we deposit the funds into our Trust Account and prepare a detailed Disbursement Sheet showing the gross settlement, attorney fees, costs, medical liens, and your net recovery. You review and sign. Your funds are then issued, and provider checks are mailed.

Note: Most personal injury recoveries are tax-free, but consult your CPA to confirm.

THE BOTTOM LINE

Drinking and texting cause accidents and arrests. Being “intexticated” is just as dangerous as being intoxicated.

Don’t Drink. Don’t Text. Don’t Drive.

A taxi or Uber is far cheaper than hiring me — but if you need me, I am here.

Whether I take your case or not, I will guide you… honestly — honoring Rotary’s Service Above Self. That’s not marketing. That’s who I am.

Dale Gribow is a Palm Desert personal injury and DUI attorney with 30+ years of Coachella Valley experience. During his career, he has received 40+ Top Lawyer awards, a 5-Star 10.0 Avvo rating, and the Martindale AV Preeminent designation — the highest possible peer rating. Cases are limited. Dale personally answers calls.

760-837-7500 | dale@dalegribowlaw.com | DaleGribowLaw.com

This column is for informational purposes only and does not constitute legal advice. Contacting this firm does not create an attorney-client relationship.