Legal Question in Personal Injury in California

When should one hire an attorney to help with a negligence case vs. asking the liability insurance company for reimbursement for medical treatments, MDs, testing and lost wages? This is a negligence case where I sustained an injury due to improperly maintained equipment. Thank you.


Asked on 1/31/15, 6:52 pm

1 Answer from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Hi,

I don't want to sound like one of the ambulance chasers on TV, but generally speaking, you will always do better with an attorney vs. an insurance company. Insurance companies may "act" nice and as though they are by the book such that you might believe that you will get the same result whether represented by an attorney or not, but the fact of the matter is you will almost always be better off with an attorney even after having to pay attorneys fees. Insurance companies are in the business of not paying you, denying claims, and thwarting your rights, plain and simple. They are not here to pay out or look out for you, they are here because they are profitable as a consequence of reducing the costs of having to pay claims - i.e., they have a complex system built on knowledge of the psychology, the agreements, and the law so that they pay you as little as possible. They love it when you don't have an attorney and are trying to negotiate with them... the only way to get what you deserve is via counsel, I should know, I used to represent insurance companies including Lloyd's of London and my job was to figure out how to reduce and/or not pay claims and force claimants to file suit to get payment if necessary. Obviously, I figured out that the system is not fair and that insurance companies are the "bad" guys and I moved on... I am glad to be able to tell you the truth now.

If you want my help, contact me. My resume is below for ease of reference:

Christopher Brainard, Esq.

310.266.4115

LAW OFFICES OF

CHRISTOPHER M. BRAINARD

1003 SOUTH CATALINA AVE.

REDONDO BEACH, CALIFORNIA 90277

TELEPHONE (310) 266 � 4115 ● [email protected]

�INTEGRITY.�

BUSINESS, REAL ESTATE, LABOR, EMPLOYMENT, AND INTELLECTUAL PROPERTY

Licensed Attorney at Law 1998 - Current

As a second generation attorney with 17 years of practical experience, I have a broad range of complex commercial civil litigation and transactional experience that spans across almost every area of legal expertise. I am comfortable with all manners of dispute resolution including going to court and acquiring a judgment at trial. Though I have winning track record second to none, it is important to point out that I am adept at avoiding and resolving disputes. I have extensive experience in business, management consulting, employment, real estate, intellectual property, venture capital, and much more. I have successfully assisted clients to start-up numerous profitable businesses in many sectors and have assisted numerous small and mid-cap companies in expansion and market acquisition via competitive strategic and anti-competitive defensive lawsuits, as well as through building relationships via transactions and intelligent contracting. Notably, I also hold a Real Estate Brokers license.

LOS ANGELES COUNTY FIRE DEPARTMENT 1988 - Current

Ocean Lifeguard, Hermosa Beach

I continue to do community service by providing general water and beach safety, educating the public on ordinances on weekends and in the summer. I am expert with surf equipment and I surf, swim, play water polo and run sand in the ocean series competitions. I am given supervisory tasks over other lifeguards. I continue to coach both swimming and water polo.

LORD, BISSELL & BROOK (CURRENTLY LOCK LORD LLP)1997-2001

SENIOR ASSOCIATE

Trained in aggressive civil litigation from the outset, I worked in many areas including intellectual property, entertainment law, computer law, real estate, insurance defense, insurance coverage, and contract law. I counseled clients with regards to releases, licenses, and countless contract terms and clauses. I conducted research on countless issues as necessary including programming, database design, and intra/internet design. I drafted numerous contracts, pleadings, and motions. I frequently appeared in court and for depositions. I supervised outside counsel in many other states across the country and around the world. I personally managed relations directly with large insurance institutional clients including Lloyds of London.

L.A. COUNTY DISTRICT ATTORNEY'S OFFICE Summer 1996

Intern/Volunteer

I assisted Deputy District Attorneys with preliminary hearings, preparation for jury trials, research, and interviewing witnesses.

PACIFIC ASIAN AMERICAN WOMEN WRITER�S ASSOCIATION 1991-1994

Publicist/Editor

I assisted authors in editing and finalizing short stories, anthologies, and novels. I created and maintained a database of various university book stores and retail book stores.

EDUCATION

University of California, Davis (Ranked in Top 10 In Class)

J.D., Class of 1998.

Moot Court and Trial Practice

University of California, Los Angeles

B.A. Double Major in History and Economics, class of 1993.

EXAMS

CALIFORNIA BAR PASSED ON FIRST TRY IN 1998

LSAT SCORE: 172 (Top 1%)

DUN AND BRADSTREET NUMBER: 36-262-0283

PRACTICAL EXPERIENCE

Litigation, Mediation, and Arbitration Matters Include (First Chair Lead Counsel On All Matters):

� Represented Employers and Employees in numerous Labor Board Hearings related to wages, hours, vacation pay, and overtime pay disputes.

� Represented Employers and Employees in wrongful termination, breach of employment agreements, discriminatory practices for protected classes including Title 7 Claims, and wrongful termination pursuant in violation of the Pregnancy Discrimination Act.

� Represented major institutional insurance companies including Lloyd�s of London on the very largest and most complex cases with amounts in controversy exceeding $250,000,000.

� Represented FOX in invasion of privacy claims related to television program titled �Cops� for showing law enforcement arresting individuals and revealing their faces.

� Represented Hotelier related to �Hotel sale gone bad� valued at over $10,250,000.

� Represented Hotelier related to �Hotel sale gone bad� valued at over $7,200,000.

� Represented Numerous Individuals on breach of contract cases via residential purchase agreements ranging from $500,000 to $1.5 million.

� Sued Paris Hilton for failure to perform on a celebrity endorsement and employment agreement in the cosmetics industry involving numerous complex intellectual property issues with an ultimate amicable settlement with all parties ending as friends.

� Sued Donald Trump for $4 Billion based on Anti-Trust and Monopolistic Competition with an ultimate amicable settlement with all parties ending as friends.

� Represented debtors and creditors with amounts in controversy over $100,000.

� Home Owners Association disputes against Boards of Directors, Association Members, and third parties. Extensive experience with CC&R, bylaws, and the relevant Act and Code provisions.

� Labor & Employment matters including breach of contract for failing to pay for web development.

� Action for failure to pay royalties.

� Actions against and in defense of escrow companies for failure to disburse appropriately and for Financial Code violations, as well as actions to recover escrow deposits.

� Actions against insurers for bad faith in failure to provide defense and coverage.

� Property line disputes, easements, fraud, breach of contract, malpractice. Represented various individuals related to numerous actions for fraud, conspiracy, conversion, illegally contrived multiparty financing, real estate foreclosures, constructive trust, and more.

� Trade Secrets, Unfair Competition, Patent Enforcement, Copyright Enforcement.

Transactional Clients and Matters Include (First Chair/General Counsel):

� Numerous Transactional/Litigation �Nexus� Cases including a hostile take over by a Dreamcatchers International, Inc., over competitor �Hairlocs International, Inc.� Identified financial weakness in competitor, found Xerox equipment lease judgment, purchased judgment for 10 cents on the dollar, initiated enforcement proceedings, appointed a receivership to take over assets, intellectual property, and customer list; secured court ordered sale of assets to satisfy judgment and then used judgment as credit bid to secure assets into new holding company subsidiary �Hairlocs, Inc.� wholly owned by client.

� TORQUE, Inc. � Proprietary Exercise Equipment for Professional Athletes � start up, contracting, employment, licensing, etc.

� Lorinser North America, LLC � Luxury Parts for Mercedes Benz � contracting, litigation consulting, intellectual property enforcement

� Synchronicity Inc. � Movie Production Company � start up, $20,000,000 in financing negotiated, contracting, talent employment, and more.

� Immaculati Entertainment, Inc. � Movie Production Company � representation, screen play evaluation, and production.

� Club Burgundy, LLC � French wine importer and distributor inclusive � licensing, office lease negotiation, business investor immigration visas, web design, and credit card processing.

� Bankcard Liberty � financial services and credit card processor inclusive � incorporation, tax consulting as well as creation of agency relationship contracts.

� ZapShopping, Inc. � reverse auction website � creation of website privacy policies and agency relationships.

� Los Angeles County Fire Department Lifeguard Division � public safety � research on Fair Labor Standards Act and other employment matters.

� I have represented individuals in real property purchase agreements, formation of trusts and estate planning, premarital agreements, negotiating CGL and other insurance coverage, business valuation, business plans and structuring, as well as legal/management consulting.

PERSONAL ACTIVITIES AND INTERESTS

Family oriented. Swimming and Water Polo (UCLA Water Polo 1990-1991), surfing and ocean lifeguard surf festivals (sponsored by Rockstar Energy Drink in 2008-2011), Ocean Lifeguard with countless (many hundreds) of rescues throughout central LA and South Bay, Coaching swimming/water polo. Yoga, Power Lifting, Advanced Open Water and Rescue Scuba Diver, Master Rank Chess Player in 1995-2000, Beginner self taught piano, read music and trained in singing, Assistant Coach Little League Baseball, Horticulture and Carnivorous Plants (Pitchers/Venus Fly), Aquaponics, Self Study Molecular and Cellular Biology and Chemistry. Well traveled through Europe and Asia including China. Semi-fluent Spanish and French.

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Answered on 1/31/15, 7:48 pm


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