Independence Day, also called The Fourth of July or July 4th , is the annual celebration of nationhood. It commemorates the passage of the Declaration of Independence by the Continental Congress on July 4, 1776. The taking of the Bastille signaled the beginning of the French Revolution, and is the French Independence Day. The French, you will remember, were our allies in fighting and breaking away from The British.
These two holidays, however, are of different origin. In France, Bastille Day (July 14) is celebrated as the day the French Revolution began. In the United States, we celebrate the 4th of July when we became a nation… free from British rule.
Both are excuses to party and drink more than one should. After drinking in the sun at BBQ’s, drivers believing they are “not drunk”, get behind the wheel while impaired. In reality you don’t have to be drunk. because there is no crime called drunk driving. The correct term is “Driving Under the Influence”, and that means being impaired, not drunk. In California we look at a chemical test reading of .08 or higher as being under the influence. Of course a DUI Arrest or Accident is the result…so I’ll wait by the phone!
After an accident, the most important things is gather info and not talk to insurance companies… and then to get medical attention. Our office can help you obtain a doctor to take the case on a lien in most situations. Of course, one of the first things accident victims ask is, “what is the value of my case?”
The value is based in part on your medicals. A diary, of pain and suffering, should be taken to every doctor’s appointment. The diary allows us to track what is happening when you write down what is hurting you from the top of your head to the bottom of your toes.
When contacted by any insurance company, explain you would be happy to talk, but your lawyer asked you to get his permission before you talk to anyone. That way, you are the good guy, and we are the bad guys.
Insurance adjusters will tell you anything, to stop you from retaining a lawyer. They will lie and say an attorney will take 40-50% when it is 33% on most cases.
Don’t settle to fast as some medical issues develop over time. You may lose on future medical treatment and loss of earnings.
When we can’t get a fair offer, we file and start civil litigation. Civil litigation is confusing for lawyers. For non-lawyers…it is a nightmare! Most lawyers, unlike our office, fail to educate their clients about what to expect.
For instance, there are 4 phases to a Civil Accident Lawsuit:
A Complaint, or Pleadings, explains what the defendant did and how much is demanded. The defendant files an Answer or a Demurrer (where they claim there is not enough evidence to proceed).
In the Discovery phase, both sides share evidence (facts) which hopefully settles the matter. If you have to try a soft tissue accident case, you have lost. This is because soft tissue accident trials are costly.
The Post Trial Stage comes after the Trial and if there is no insurance or not enough insurance, you must find assets to collect the judgement.
If the defendant disagrees, s/he can Appeal. Unfortunately, a trial is always a potential crap shoot.
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