Legal Question in Personal Injury in California

Re: Auto accident claim

First, it should not really matter that you were in previous accidents since your theory of liability is the "Eggshell Plaintiff." This usually means that the defendant should take the plaintiff as he/she finds him/her. However, there is the issue of causation. Perhaps it was your prior injuries that flared up as a result of your most recent accident. Remember, the defense will, and could toss the eggshell plaintiff theory into the garbage and the battle will be causation. I believe that the defense has a right to explore your prior injuries, but that doesn't mean that you should sign a general medical release because after that, they can request very personal medical records. However, the defense does have a right to explore their medical evidence and therefore, they have a right to have you sign a "designated medical release" which should only pertain to your prior accident(s). Should you have any further questions, please do not hesitate to contact my office at 818.385.0520.

Re: Auto accident claim

You should get an attorney immediately. the insurance company does not have your interest in mind, and any communication with them has the potential to harm your interests. if interested in hiring me, you may contact me to discuss.

Disclaimer: Nothing herein constitutes legal advice. No attorney client nor confidential relationship is created. You may not rely on attorney nor anything communicated unless and until an attorney-client relationship has been formed. Your issue may be time sensitive, requiring you to act immediately to prevent loss of your rights or harm to your interests.

Re: Auto accident claim

You should understand the difference in the way a case is handled before and after the filing of a lawsuit.

AFTER a lawsuit is filed, the defense gets "subpoena power" and can force you to answer questions and deliver records, as long as the information could possibly LEAD TO relevant evidence. That's called "discovery." NOT everything that is discoverable is also "admissible"-- meaning, if it's not strictly relevant, then the judge won't let it go in front of the jury.

BEFORE a lawsuit is filed, the defendant has NO discovery rights or powers AT ALL. The only information they can get is the information YOU choose to give them. By giving them an authorization, you basically gave them the keys to your house, so they can help themselves to whatever they want. Not a smart move! Don't do it again!

You need an aggressive defender on your side, especially now that they've got something on you! Call me today: 877-LION-FOR-LAW

Re: Auto accident claim

You are foolish trying to represent yourself.

Re: Auto accident claim

I havn't heard from you. I hope it's because you've found an attorney, and not because you've decided to keep going it alone!

If you're still on the fence, CALL ME. Again, the toll-free number is 877-LION-FOR-LAW.

Re: Auto accident claim

Yes, they are entitled. This is their potential defense or a tool to negotiate down a settlement with you. They will argue after reviewing your records that some of your pain and treatment is due to your prior injuries. Usually, defense counsel gets this information through discovery after litigation is initiated.

Thanks.