One of the great tragedies of life is the murder of a beautiful theory by a gang of brutal facts. – Benjamin Franklin

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INSURANCE COMPANIES IN CALIFORNIA THEORY VERSUS REALITY, HOW THEY HANDLE CLAIMS

One personal injury attorney’s opinion.

Just got off the telephone with a client an insurance is treating him unfairly, i.e. low ball offer. He cried out “their out to be a law.” Well, in my early years of personal injury practice there was law for third party cases, but no more . . . let me share with you the theory versus the reality.

THEORY:
In California there exists the California Department of Insurance and they have promulgated “rules and regulations” that insurance companies “must” follow.

In theory insurance companies are suppose to handle claims in fair and prompt manner and treat claimants properly. In theory California insurance companies are suppose to promptly, efficiently and equitably settle claims. They are suppose to acknowledge the receipt of a notification of claim within 15 calendar days after receiving it or at least make a note in the claims file. The insurer must also provide the claimant the necessary forms, instructions and reasonable assistance within 15 calendar days, including specifying the information the claimant must provide for proof of claim. Also, the insurer must begin any necessary investigation of the claim within the same period of time. Furthermore, an insurer must furnish a complete response within 15 calendar days to any communication from a claimant that suggests that a response is expected. And under California law, insurers must advise all claimants of the acceptance or denial of a claim within 40 calendar days of receipt of proofs of claim. If more time is required to determine whether a claim should be accepted or denied, the insurer must provide written notice of the need for additional time within 40 calendar days of receipt of proofs of claim. The written notice shall state the reasons for insurer’s inability to make a determination. Thereafter, written notice shall be provided to the claimant every 30 calendar days until a determination is made or notice of legal action is served.

Great in theory! Who needs a personal injury lawyer? Well what can you do if an insurance company fails to follow the standards? Answer, nothing! I an insurance company violates any of these provisions an injured party cannot “sue” the insurance company for its behavior. Please see Moradi-Shalal v. Fireman’s Fund Ins. Companies (1988) 46 Cal.3d 287 , 758 P.2d 58; 250 Cal.Rptr. 116. In this case the California Supreme Court essentially eliminated a private cause of action for an injured party to sue an insurance company’s actions, commonly referred to as bad faith.

The California Supreme Court said “We caution, however, that our decision is not an invitation to the insurance industry to commit the unfair practices proscribed by the Insurance Code. We urge the Insurance Commissioner and the courts to continue to enforce the laws forbidding such practices to the full extent consistent with our opinion.” My experience over the last 30 years leads me to believe they missed that paragraph.

REALITY:
I can tell you without a doubt almost 30 years after the Moradi-Shala decision third party cases have gotten more and more challenging. Basically an insurance carrier in California can do whatever it wishes to do with a claimant’s case from a low ball offers to forcing a large or small case to trial.

The California Insurance Code Section 790.03 lists sixteen claims settlement practices that, when either knowingly committed on a single occasion, or performed with such frequency as to indicate a general business practice, are considered to be unfair claims settlement practices and are, thus, prohibited by this section of the California Insurance Code. Nice in theory but the Insurance Commissioner rarely if ever has “gone after” an insurance carrier for violating the act and fines are minimal.

In reality insurance companies make money through premiums and investments. The less the pay out on any claim the more profits they make. Simple enough but ask yourself a question, whose interests are the really watching out for? I think you know the answer to that question. NOT YOURS!!

Most insurance companies are pretty much the same when it comes to adjusting / settling claims. In California some insurance carriers are more difficult to deal with than others.

If you have been handling personal injury claims for any length of time, you know who those carriers are and hopefully have learned how to deal with them effectively and efficiently. If you have been involved in a personal injury matter, even one as seemingly simple as a slip and fall accident, car accident, or a dog bite attack it is a good idea to get a free consultation. At the very least you should know your rights.

There are a many factors that come into play and can affect a claim. Both from the legal side and factual side.

One last thought, threatening an insurance company with suing their insured borders on laughable. Insurance carriers don’t care and litigation does not scare them. They have billions of dollars!!! And another lawsuit does not scare them. In fact many insurance companies now directly employ attorneys to defend cases. So another claim really does not make a difference.

If you need assistance, give me a call. Richard M. Katz, Esq. at 626-796-6333 visit our site

 

 

 

 

 

WHAT TO DO IF YOU ARE IN A CAR OR AUTOMOBILE ACCIDENT?

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The weather today, February 28, 2014 is bad. It is raining like heck. We all know that an auto accident can ruin your entire day. I hope no one reading this finds themselves in this predicament.

Apart from ruining your day, a car accident, you will have to deal with damage to your car, liability issues, possible traffic citations and even injuries in some unfortunate cases.

The National Highway Traffic Safety Administration reports there were 2.24 million crashes with injuries in the U.S. in 2010. According to the National Highway Traffic Safety Administration that cars are safer than ever before and crashes involving serious or fatal injuries are down to their lowest levels in about a half century.

So you have been in a minor fender-bender. Other than thinking “My folks are going to kill me,” What should you do? Make sure everyone is OK. If you or someone has suffered injuries summon assistance, if you have a cell phone use to summon help.

If your car is not moveable or your not sure put on your hazards (Hint: There is usually a red button on the dashboard or center console with a triangle on it, push it and it will start to blink, so will your hazard lights.

If you are safe from approaching traffic, turn off your car and get out. If your car is drivable, move it off to the side of the road and call the police or highway patrol. Depending on circumstances, the police or highway patrol, may not come to the scene to investigate and write a report.

Even if you’re shaken up, be sure to get information regarding the other driver. The information you should get is the name, address, phone number, driver’s license number and insurance information for the other driver. And also the names, telephone numbers and addresses of any witnesses. Either write the information down on a piece of paper or put the information in your cell phone. As well, since so many folks have cell phone taking pictures might be a good idea. Pictures of the damage of the vehicles and the scene of the incident are probably a good idea.

If you or passenger is hurt, get medical attention!!!

Avoid getting into any heated discussions with the other driver. You should report the traffic accident to your insurance company.

Call your family and let them know what happed. If necessary they can come and pick you up if you need a ride . Even the best drivers get in accidents now and then.

In the event the car accident caused you or someone you love personal injuries or worse, you should contact a personal injury attorney. I am here to answer your questions and give you help. For a free consultation, please feel free to give me a call. 626-796-6333.

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WHY HIRE A PERSONAL INJURY ATTORNEY? YOU WOULD NOT OPERATE ON YOURSELF, WOULD YOU?

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Trying to decide whether to hire a personal injury attorney / personal injury lawyer?

There are many types of personal injury claims. Claims can arise from car accidents, slip and fall accidents, dangerous premise conditions, workplace accidents (even if you have a worker’s compensation claim, you may have a “third party claim”), airplane, bus and train crashes, construction accidents, fires, food poisoning, drug or vitamin overdoses, animal bites, criminal acts and assaults and medical malpractice to name several.

You have been involved in an incident and suffered personal injuries and are trying to decide whether to hire an attorney. Well, it is probably a good idea to consult with a personal injury who has familiarity with your type of claim. The consultations are usually free.

He or she will review the facts of your matter. Generally an attorney will initially look at three issues. They are, was the other party negligent? What are the nature and extent of damages? Is there a relationship between the incident and the claimed injuries. After this analysis an attorney can make an assessment of the relative strengths or weaknesses of a claim and whether the claim had merit.

If an attorney concludes that the facts do not show someone was negligent, even if you suffered injuries, there is no case. In other words, you would have trouble making a case against an owner of a store if you spilled water or salad oil on the ground and then slipped and fell because of the spill. However, if the store owner had failed to fix the plumbing in the building and the water was on the floor because of leaky plumbing or one the store’s employees had spilled salad oil and nothing was done promptly to address the condition, then you possibly have a viable claim.

Many variables can come into play in determining negligence and often you may think that there was no negligence by anyone when there actually was.

I myself, have handled cases over the years in which folks did not think they had a case. However, they had suffered serious injuries, and they decided to contact me. After hearing the facts, I thought that there might be a viable claim. Following an investigation and research and believing the cases had merit, we have pursued an action. I will not go into the cases, but suffice it to say, we went to obtain a recovery for our clients. I might add that we took the cases on contingency basis and advanced all costs.

The point is if you have been injured, you should seek the advice of a competent personal injury attorney even if you do not think that there is anyone at fault. Only a good experienced personal injury attorney can evaluate your potential claim We are here to help, give me a call.
Richard M. Katz, 626-796-6333 or visit our website

MC DONALD’S WAGES FOR THE FRIENDLY SKIES ?

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As a personal injury attorney, I would like to share with you something that is a little disconcerting and raises questions about safety. Throughout the United States regional airline pilots earn less than cab drivers and some pilots earn about the same as people working at fast food restaurants.

Today the regional airplane you get onto may have a pilot that earns roughly equivalent to fast-food wages and less than a cab driver. According to the U.S. pilots union, starting pilot salaries at regional carriers in the United States average $22,400 a year, according to the largest U.S. pilots union. As of 2012, taxi drivers employed directly by taxi cab company have an average income of about $27,670 per year. Some smaller airline carriers pay as little as $15,000 a year, this is about what a full-time worker would earn annually at the $7.25-an-hour federal minimum wage. However, working at Mc Donald’s or Starbucks does not take much special training . However, becoming a commercial pilot takes time and money. In 2010, Congress mandated that airlines’ first officers would need to hold an Airline Transport Pilot certificate and have at least 1,500 flight hours as opposed to the 250 hours and commercial pilot certificate previously required. This mandate was in response to the Continental Express regional flight crash of 2009. FAA investigators linked the Continental Express crash to inadequate pilots’ training.
Getting a commercial pilot license is not cheap and it now costs more than $100,000 for the necessary hours of training flights before getting a first job. Good if you are a passenger on a regional flight.

However, low salaries combined with expensive training costs put many new pilots deep in debt. Not unlike those graduating college or graduate schools. The result of low pay and expensive training, lack of pilots, especially for regional airlines. Exacerbating the situation, is the fact that the airline industry has a mandatory retirement age of 65, which has caused large airlines to replace their pilot ranks by hiring from the regional carriers. Big airlines pay their pilot salaries that are much higher.

Next time you get onto a regional airline, consider that your pilot may be earning about the same as the guy or girl who handed you that hot cup of coffee at Mc Donald’s . . . and less than the Yellow Cab driver who took you to the airport. . . Happy Flying

The Three Reasons Young Drivers are at a Greater Risk For Car Accidents

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Automobile crashes are the leading cause of death among teenagers. A study done in 2010 revealed that seven teenagers 16 to 19 died every day from injuries sustained in car accidents. And 282,000 teenagers suffered injuries in car crashes. On a per mile basis, teenage drivers between the ages of 16 and 19 are three times more likely to be involved a fatal car accident than drivers aged 20 or older. A combination of inexperience, impulsiveness and exposure during the adolescent years contribute to this increased risk in being involved in a fatal car accident.

1. Inexperience
Most new drivers, when they are first licensed, have insufficient experience in the real world to handle the complexity of driving. Although driver education courses are offered in some schools and also available privately, the fact is that these courses usually only provide a relatively small amount of time actually driving practice – certainly not enough for a new driver to become minimally competent, much less proficient. Drivers, like in any activity, become more proficient in their driving skills the longer they have been driving and in a variety of conditions and locations.

One study has shown a statistical decrease in crash rates among young drivers who had about 110 hours of supervised driving practice before obtaining a drivers license. No research project has concluded / determined how much driving experience is “sufficient” for new drivers. There is empirical findings that new drivers continue to improve for at least two years. Not surprisingly car crash rates for new drivers are very high in the first few months of driving. Car crash rates for new drivers then begin to sharply decline over after the first several months and then continue decline but at a lower rate. The bottom line, there is no substitute for experience.

2. Impulsiveness
Teenage drivers, particularly 16 year olds tend to engage in more impulsive behaviors. This is often attributed to their level of cognitive, social, emotion and biological development. When a teenage is driving a car, their impulsiveness, can be dangerous. As well, the young drivers lack of experience add to his or her inability to regularly recognize the conditions that create risks for the driver. The presence of other teenage passengers in the car with a youthful driver frequently adds to the innate inclination to act impulsively.

Not surprisingly research suggests that teenage / young drivers are distracted more easily than an experienced driver. The inexperienced driver is not equipped to effectively address the myriad of skills necessary to drive even without the interference of distractions. Such drivers find that attention can be easily diverted because of inexperience. This is particularly problematic combining lack of experience with impulsiveness.

3. Exposure
Teenage drivers tend to drive frequently at night and often with multiple teenage passengers. These factors pose significantly increase the likelihood of a car crash.

Studies have shown that driving after dark (well before midnight) sharply increases the risk of a serious or fatal car crash. The after midnight the risk factor is even higher. For 16 and 17 year old drivers, more than 80% of nighttime car crashes occur between the hours of 9 p.m. and midnight. Many states, because of this high risk factor, prohibit teenage drivers from driving at night for the first six months after obtaining a driver’s license.

Young teenage drivers because of activities associated with school and school related events tend to “car pool” and as a result tend to have more passengers, their own age, than older drivers. Studies have shown that the risk for car crashes are higher for inexperienced drivers, driving with passengers. The risk of a serious or fatal crash substantially increases with the number of young passengers in the car. Because of this, in many states prohibit young beginning drivers to have more than one young passenger. This restriction is usually for the first six months driving.

CAR ACCIDENTS IN AMERICA, THE THREE TOP CAUSES

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Did you know there are about 10 million people involved in car accidents in the United States annually? Some consider it an “epidemic.” According to the Centers for Disease Control and Prevention car accidents are the leading cause of death for teenagers in America Automobile accidents needless cause thousands of injury and death every year.

1. DISTRACTION
The number one cause of car accidents in the United States according to recent studies is distracted driving. That can include talking on the cell phone, texting, eating, reading, grooming, and talking these are just the most prevalent reasons drivers get distracted. Did you know that motor vehicle operators who use a hand-held device are 4 times more likely to get into a car accident than drivers who do not use hand-held devices? People who text message while driving are 23 times more likely to get into an accident then those who simply drive. It is no secret that a driver should not risk his safety or the safety of others. Does a driver really need to be told to pay attention to the highway or roadway? It is a strong probability that many of you out there will be involved in a car accident in his or her lifetime. As you already know, some car accidents can severe resulting in death or serious bodily injury. A driver’s neglect, carelessness, or recklessness causes many of these accidents.

2. SPEEDING
This should come at no surprise. As a society, Americans are centered on the lure of quick convenience. We have drive-thrus for coffee, food and laundry to name a few. We have drive thru banking (ATMs) and many other driver thru convenience stores. These are a few examples of “our need for speed.” Nevertheless, on the highway our need for speed is toxic and deadly. According to U.S. Department of Transportation, speeding is one of the greatest causes of car accidents. Official data shows that speeding contributes too about 1/3 of all car accidents in the United States.

3. DRUNK DRIVING
No one needs to tell you that driving while intoxicated (DUI or DWI) is one of the most dangerous behaviors on the road today. In 2010 more than 1.41 million drivers were arrested on suspicion of driving under the influence. It is estimated by Mothers Against Drunk Driving (MADD) estimates that about 300,000 incidents of drunk driving occur in the Untied States daily.

If you are involved in a car accident and have suffered personal injuries you should first get medical attention for your injuries and then contact a skilled Los Angeles personal injury lawyer. It is important that you begin to preserve all of the necessary evidence to help you prove your case should you need to file a claim. I offer free consultations, if we can be of assistance, please contact that the Law Offices of Richard M. Katz at 626-796-6333. Visit our website at

CARS AND MOTORCYCLES SHARE THE ROAD

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Car accidents involving motorcycles are increasing. All drivers are reminded to safely “share the road” with motorcycles. Drivers need to be alert for motorcyclists to keep the safer and to avoid accidents. Motorcyclists need to make themselves visible to other drivers. Bright colors are an excellent way to make a motorcyclist more visible. Motorcycles have the same rights, privileges and responsibilities as any motor vehicle on the roadway.

As in car accidents, sober driving or riding is mandatory. Statistics show that the drunk motorcycle riders are involved in fatal crashes at greater percentage than not intoxicated drivers on our streets and highways. Not surprisingly studies show that alcohol affects those skills essential to riding a motorcycle – balance and coordination. So it plays a particularly big role in motorcycle fatalities. This is why NHTSA urges all motorcycle riders always to ride smart and sober.

In a car accident involving a car and motorcycle if the rider is properly dressed and wearing a helmet he or she has a much better chance of not suffering major injuries or being killed. Ever more motorcyclists are wearing helmets. Motorcycle helmet use increased from 48% in 2005 to 67% in 2009. In 2008, studies from the National Occupant Protection Use Survey (NOPUS) show that the use of motorcycle helmets saved 1,829 motorcyclists’ lives. Tests have shown that a motorcycle helmets do not interfere with the rider’s vision or hearing.

Motorcycle crash statistics show that helmets are about 29 percent effective in preventing crash fatalities. A motorcycle rider wearing a helmet has a 29 percent better chance of surviving a crash than riders without a helmet. There are opponents of mandatory state motorcycle helmet laws and have claimed that motorcycle helmets interfering with the ability of a rider to see and hear surrounding traffic and by that increase the risk of an accident.

Many studies have shown that helmet use did not hamper the ability of riders to see traffic or increase the time needed to check for nearby traffic visually. Overall, any negative interference of helmets on rider vision seems minor, especially should a crash occur.

Use of DOT-compliant motorcycle helmets in 2009 stood at 67 percent, a gain from 63 percent in 2008 according to the National Occupant Protection Use Survey(NOPUS). This organization is the only survey that provides the nationwide probability-based observed data on helmet use in the United States. The NOPUS survey is conducted by the National Center for Statistics and Analysis of the National Highway Traffic Safety Administration.

Ride sober, wear a helmet and be visible. Enjoy the Road.

Should you or a loved become involved in a traffic accident please feel free to give me a call. My office has been handling personal injury / motorcycle accidents for more than three decades. Call me Richard M. Katz, Esq. at 626-796-6333.

IF YOU TRIP AND FALL OR ARE OTHERWISE INJURED ON SOMEONE ELSE’S PROPERTY, CAN YOU SUE? MORE IMPORTANTLY CAN YOU WIN ? PREMISES LIABILITY CLAIMS.

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One can be injured on someone else property in a number of ways, including, slips and fall accidents, trip and fall accidents, shelf collapsing accidents, products falling and hitting one accident, walls collapsing on someone, these and many other ways exist for folks to be hurt on someone else’s property. We often refer to these types of claims as premises liability cases.

When we, the public, enters a property, we all have a reasonable expectation of not being harmed. These are expectations that we all have, whether we are going into a supermarket, restaurant, fast food restaurant, amusement park, casino, office building, hospitals, parking lots, sidewalks or any other structure or building. The law requires that the possessor of the property to maintain their property and they are required to inspect and correct defective and dangerous conditions. This failure to do so is sometimes called “premises liability.” For example, someone having their care fixed at car repair facility might slip and fall on an oil slick within an area in which customers walk. Such a person may have a legitimate claim because the owner of the property failed to keep the premises safe.

The legal theory of premises liability holds property owners responsible for accidents and injuries that occur on their property when they have done something negligent. Just because one trips and falls on someone else’s property does not make them automatically responsible for what happened. One must show the owner was in someway at fault. A land owner is not an insurer of the safety of the folks on his premises. As stated in the Court case of (Taylor v. Centennial Bowl, Inc. (1966) 65 Cal.2d 114, 121 [52 Cal. Rptr. 561, 416 P.2d 793] the land owner “ is required to exercise reasonable care for their safety and is liable for injuries resulting from a breach of this duty. The general duty includes not only the duty to inspect the premises in order to uncover dangerous conditions, but, as well, the duty to take affirmative action to control the wrongful acts of third persons which threaten invitees where the occupant has reasonable cause to anticipate such acts and the probability of injury resulting therefrom.” (internal citations omitted.)

Liability is set by the laws and procedures of the state within which the injury occurred. In some states, including California there is potentially different standards set depending upon the legal status of the injured party. In Rowland v. Christian, 69 Cal. 2d 108 (1968), a case decided by the Supreme Court of California placed a general duty of care on the possessor of land to the people on the land. However, the still recognizes a higher degree of care for business invitees.

Under California law to hold a possessor of a property responsible for personal injuries to someone on their land one needs to establish essentially three facts.

1. The owners of the property knew or should have known of the dangerous condition and that the condition created an unreasonable risk of injury. A owner of a commercial property is required to inspect for and discover “dangerous conditions.”;

2. The owner didn’t exercise due care to make discover the condition, to make the condition safe, or to warn of the dangerous condition and the risk involved; and

3. The injured party did not know or have reason to know of the dangerous condition and the risks involved.

We have handled many premises liability cases including claims against public entities, private buildings and amusement parks. The list is long. So remember, if you or a loved one has been injured because of a premises liability incident, you should speak with an experienced personal injury attorney to ensure that your legal rights to fair compensation are fully assessed and protected. Please feel free to give me a call, we are here to help. The Law Offices of Richard M. Katz, 626-796-6333

Big Pharma “Off-Label use” of Drugs

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When we get sick we are often prescribed medications to treat our ills. Most prescribed drugs are safe, effective and expensive. Unfortunately Big Pharma ( Big Pharma is the nickname given to the pharmaceutical industry) typically push new and untried uses for their products often referred to as “off label use.” (Off-label use is the use of pharmaceutical drugs for an unapproved indication or in an unapproved age group, unapproved dosage, or unapproved form of administration). The practice is entirely legal and very common.

When medications are approved by the FDA, they are approved for a particular purpose and for particular users. The approval process relies on testing that shows that the drug is safe and effective for the approved purpose. However, this restricted approval doesn’t stop Big Pharma from making an attempt to extend the marketplace for a drug by claiming that it can be used to treat alternative issues.

Does anyone remember Fen-Phen for weight loss? The off label use /combination proved to me very damaging to patients taking the drugs for weight loss.

Another example, is one drug company promoted Depakote, an anti seizure drug, off label to treat those with dementia praecox and Alzheimer’s. The problem is that the drug had not been shown to be effective for either use, and it often caused serious side effects.

Another drug company touted Risperdal, a tranquillizer, as a drug that would be safe and effective as a way to chemically restrain individuals in nursing homes, despite the facts that such a usage was not approved by the FDA and was never found to be safe and effective. The drug increased the risk of death in patients with dementia. Even botulinum toxin A has been marketed to treat maladies such as headaches, pain, and brain disorders but has not bee approved to treat these conditions.

Unfortunately, patients are not in a position to evaluate medications on their own. And patients rely and believe doctors will safeguard them from improper use of drugs. The reality is that doctors do not research medications on their own and often times will rely on Big Pharma’s promoting reps, whose job it is to sell the company’s drugs. The explosion of medicines offered places doctors in a position that they cannot possibly keep up with the proliferation of drugs.

As a result, doctors typically and perhaps inadvertently prescribe medications for off-label use based upon a reps touting. So why does Big Pharma promote off-label use? the answer is simple: cash. Drugs are high-ticket items and translate into profits. Off-label use will increase the use of a particular drug, the motivation is simple.

Keep in mind though that Off-label prescribing isn’t necessarily bad. It can be beneficial, especially when patients have exhausted all other approved options, as may be the case with rare diseases or cancer.

The next time your physician gives a you prescription, you should know that it is possible that the drug may not be approved for your specific condition or age group. In fact it is estimated that about 20% one in five prescriptions written in the United States are for off-label uses.

Drugs do save lives and can improve ones health. Just be aware that all medications carry risks. Don’t be afraid to ask your doctor questions, he or she wants to help you but you also must be an active participant in your own care. I truly believe that good food, exercise and sleep goes along way to keeping us healthy.

If you believe you have got been injured by a medication “off-label” or otherwise you should seek the assistance of a personal injury attorney or medical malpractice attorney.

CAN I SUE?

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Are you wondering whether you have a potential lawsuit? A personal injury caused by a car accident, a slip and fall or medical negligence matters little. The results can be devastating.

Basically any competent adult or legal entity can sue someone. However, before pulling out your legal “guns” you really need to ask yourself three basic questions in deciding whether it worthwhile to bring sue in court or proceed with an arbitration:

Rule Number 1:
Do I have a good case?
Rule Number 2:
Assuming I have a potentially good case is lawsuit or demand for arbitration my best or only option, can I collect if I win?
Rule Number 3:
Do I have realistic expectations, that is are you comfortable with the idea of a compromise settlement or going to mediation? If your motivation is to “teach a lesson” or “personal revenge” and you “will never settle” in my opinion that is your right but not realistic.
Rule Number 4:
Do I have a reasonable likelihood of winning a trial? Both on liability and damages?

If the answer to any of these rules questions is no, you probably will not want to sue.

Rule Number 1:
Do I Have a Good Case?
To figure out whether you have a good case, it helps to know what you need to prove. In a claim of negligence there are certain elements that must be proven. Once you know what the elements are for a negligence cause of action you can view your claim from that perspective. The essential factual elements for a negligence claim are as follows:

You claim that you were harmed by the Defendant’s negligence. To win on your claim you must prove all of the following:
1. That Defendant was negligent;
Negligence is the failure to use reasonable care to prevent harm to oneself or to others. A person can be negligent by acting or by failing to act. A person is negligent if he or she does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation. In a rear end car accident, this is probably not too difficult. In a slip and fall case if you cannot show the premises were in an unsafe/dangerous condition more difficult. Just because you were injured on another person’s property does not make them responsible. In a medical malpractice case you usually need a medical expert testifying against the defendant. Medical malpractice cases are amongst the most difficult cases to prove.
2. That you were harmed; and
The nature and extent of injuries are often disputed by the defendant.
3. That Defendant’s negligence was a substantial factor in causing you harm.
Problems arise in all types of claims in showing a substantial relationship between the claimed injury and the negligent conduct. For instance a low impact car accident and claims of serious injuries. Or in a medical negligence case for instance and the negligence claim there was a failure to timely diagnosis a condition, Defendant contends the delay made no difference in your treatment or the outcome.

Damages. You must prove that you suffered injuries and / or economic loss as a result of the Defendant’s negligence. This element can be very difficult to prove at times. It is often very difficult for lay person to evaluate Rule Number 1. If you believe you have a claim you should consult a personal injury or medical malpractice attorney familiar with your type of claim. Most attorneys offer free consultations. As do the Law Offices of Richard M. Katz.

Rule Number 2:
Assuming I have a potentially good case is lawsuit or demand for arbitration my best or only option? Can I collect ?
If you decide, without the aid of an attorney, you have a good case, do not rush out and make demands, threats or file a lawsuit on your own. First, think about consulting an attorney. Personal injury attorneys and medical malpractice attorney’s offer free consultations and when taking on a case will often take a case on a contingency basis. Of course you can talk directly with your opponent and try to negotiate a mutually beneficial compromise but my experience has shown that rarely works. For many reasons, including some folks have unrealistic expectations about the value of their case or the nature of their injuries. Filing a lawsuit immediately, is not necessarily in your best interest. Sometimes a better settlement can be achieved before litigation particularly where liability appears strong and the harm is not in great dispute.

Can I Collect if I Win? The answer to the third question is incredibly important. There is little to gain in litigating a matter if the other party has no insurance and no assets.

Rule Number 3:
Do I have realistic expectations, that is are you comfortable with the idea of a compromise settlement or going to mediation? Fewer civil cases are going to trial than a decade ago, and juries are awarding less in damages, according to a recent U.S. Justice Department study of state courts. About 97 percent of civil cases are settled or dismissed without a trial. What this means is most cases settle because it is in the best interests of the parties to do so. You probably have heard that “cases often take on a life of there own.” I believe that to be true. I have personally seen some cases become stronger during the litigation process and some cases become weaker. If you do not have realistic expectations as to the value of your claim and have a mind set of “no compromise” you will be disappointed with the process.

Rule Number 4:
Do I have a reasonable likelihood of winning a trial? Both on liability and damages?
Do not get me wrong there are cases that must be tried or arbitrated to a conclusion. Often times the Defendant, his/her/their attorneys, or an insurance carrier is unrealistic. Or see things very differently then you and your attorney see them. Then a trial or arbitration is necessary and desirable. Again keep in mind that only about 3% to 5% of case go to trial or arbitration.

Conclusion
If you or a loved one suffers a personal injury consider the above. Thank your for your time. The Law Offices of Richard M. Katz, Pasadena, California. 626-796-63333

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