plaintiff attorney when your life has been placed

What is a plaintiff’s lawyer?

Plaintiffs’ lawyers work to level the playing field. They protect the rights and interests of the injured person and strive to obtain the maximum possible amount of financial compensation for their clients’ losses. Plaintiffs’ lawyers are risk takers.

Is the defendant entitled to a plaintiff’s entire medical history?

What this law means in practice is that a defendant is not entitled to a plaintiff’s entire medical history just because a plaintiff has filed a lawsuit alleging injury to one part of her body. (See, e.g., Hallendorf v.

Can plaintiffs’ attorneys subpoenas for medical records be overbroad?

Plaintiffs’ attorneys are often faced with overbroad subpoenas for their clients’ medical records, which risk serious infringement of their clients’ privacy rights.

What does a personal injury lawyer do?

They have teams of lawyers on their side working hard to make sure the injured individual is paid the absolute minimum or nothing at all. Plaintiffs’ lawyers work to level the playing field.

What are the stages in a typical lawsuit?

Civil lawsuits generally proceed through distinct steps: pleadings, discovery, trial, and possibly an appeal. However, parties can halt this process by voluntarily settling at any time. Most cases settle before reaching trial.

How do you respond to a deposition?

How to Handle a Deposition: Advice from an OMIC Defense AttorneyTell the truth. ... Think before you speak. ... Answer the question. ... Do not volunteer information. ... Do not answer a question you do not understand. ... Talk in full, complete sentences. ... You only know what you have seen or heard. ... Do not guess.More items...

What is the longest part of a lawsuit?

Discovery. Discovery is the evidence phase of litigation. This is the longest part of the lawsuit.

What do you say and not say in a deposition?

Here are a few things to pay attention to while you are giving your deposition.Never Guess to Answer a Question. ... Avoid Any Absolute Statements. ... Do Not Use Profanity. ... Do Not Provide Additional Information. ... Avoid Making Light of the Situation. ... Never Paraphrase a Conversation. ... Do Not Argue or Act Aggressively.More items...•

How do you survive a legal deposition?

How to Survive a DepositionMake Sure You Understand the Question. Never answer a question unless you fully understand it. ... Pause and Think Before Answering. ... Never Volunteer Information. ... If You Don't Remember, Say So. ... Do Not Guess. ... Don't Fall for the Silent Treatment. ... Stick to Your Answers. ... Always Read the Fine Print.

What Cannot be asked in a deposition?

You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer.

What percentage of cases are settled before trial?

According to the most recently-available statistics, about 95 percent of pending lawsuits end in a pre-trial settlement.

How long does a civil lawsuit take?

While an actual trial in court usually takes only a few days, the pre-trial process and the process of preparing a case can take weeks or months. In especially complex cases where both sides present extensive witnesses and lots of technical evidence, even the trial process can stretch on for a long time.

When a plaintiff files a suit against a defendant plaintiff?

Overview. A plaintiff starts a civil action by filing a pleading called a complaint. A complaint must state all of the plaintiff's claims against the defendant, and must also specify what remedy the plaintiff wants. After receiving the complaint, the defendant must respond with an answer.

Are depositions scary?

As scary as that may sound, it is actually a very simple event. A deposition is nothing more than a question and answer session where the opposing counsel asks you questions to learn about your case.

Do people lie during depositions?

The Importance Of A Deposition They are usually scheduled weeks or months in advance. All parties involved must answer questions truthfully. All parties are under oath during the deposition, and if they lie or refuse to answer, there can be serious consequences.

What kind of questions are asked in a deposition?

Common questions in this vein include:How did you prepare for this deposition?Have you spoken to anyone other than your counsel about this case? ... What, specifically was discussed?What documents pertaining to the case have you reviewed?Did you meet with counsel for the other side prior to this deposition?More items...•

Why is a lawyer considered a plaintiff?

When you choose to file a lawsuit, like a personal injury case, you are considered the plaintiff because you initiated the suit. Since you are the plaintiff, your lawyer is the plaintiff attorney because they represent you. Whether you’re filing a car accident claim, work injury claim, or any other personal injury claim, you’ll want Corban Gunn, ...

What Does a Plaintiff Attorney Do?

Since you can’t do this alone, you have a plaintiff attorney who guides you through your claim and is ready for trial if your case comes down to it. Here are some of the things that a plaintiff attorney will do for you:

Why isn't a settlement fair?

Most times, that isn’t fair to you because it doesn’t cover the costs of all of your damages, bills, and lost wages. A plaintiff attorney will help negotiate for a fair amount of financial compensation for you. If that is not offered in the settlement, they will continue the fight in trial so you get what you deserve. Seek out justice.

Why do plaintiffs want a positive outcome?

Your plaintiff attorney wants a positive outcome for your case because it will help your situation and also show that fairness prevails.

Should you pay for someone else's negligence?

Your injury was caused by another person’s negligence, so you shouldn’t have to pay for the damages they caused. Their actions or inactions caused your injury, property damage, and could have even left you without wages, so they should be held responsible for the hardship they caused you.

How much authority does a line adjuster have?

Your basic line adjuster may have up to $7,500 in authority to resolve a case without having to consult a supervisor. A litigation adjuster may only have $25,000 of autonomy.

Why did the insurance companies say "We would rather put your kids through college than theirs"?

The new motto of the insurance companies became, “We would rather put your kids through college than theirs.” Billing increased and settlement of claims diminished. I was trying cases that had no business being tried. Why? Because the carriers wanted to see what they could get away with.

Is working with plaintiffs real?

Working with plaintiffs is different. These are real people, real lives and real problems. I quickly realized how much $500 meant to them. Most people live paycheck to paycheck, and if one, two or more of those checks are missed, it can be devastating. I now think back on those times that I fought hard to save the insurance carrier something off their authority; the only person affected by the savings was the plaintiff and my ego. It wasn’t the carrier and it wasn’t the attorneys – it was the plaintiff.

Is there a litigation rule for dealing with people?

There are no litigation guidelines in dealing with people, and I wouldn’t want it any other way. Because the uniqueness of the clients is a reminder of the uniqueness of their case; everyone is different, everyone just as important as the next, and everyone deserves to have someone on their side.

Do defense attorneys have to make sure their i's are dotted?

Most defense attorneys are sitting with way too many files on their desk; the quicker they can resolve them, the quicker they can move on. Most are not looking for a fight, but they have to make sure their “i”s are dotted and the “t”s are crossed.

Do insurance companies bring up the cost of defense?

Finally, though we all think it, do not bring up the issue of “cost of defense” in trying to settle a case. Remember, insurance companies are like the government: In their mind settlement cost and defense costs are not from the same checkbook. Nor do those two accounts speak to one another. That is why they would rather put the kids of a defense attorney through college instead of plaintiff attorney’s child. It is only when system-wide costs start rising that the settlements become a little easier.

Is being a plaintiff's attorney rewarding?

Being a plaintiff’s attorney has been much more rewarding because I actually have a human being for a client, one who is depending on me to help them – somebody who’s never been through this process, who doesn’t know what to do, who’s injured, has bills mounting – so that’s much more rewarding, but it’s also more demanding.

Why do attorneys do plaintiff's work?

Doing plaintiff’s work allows you to avoid the billable hour requirement most firms impose on their associates. In the plaintiff attorney’s world, it’s all about achieving optimal results in the most efficient way possible. There is no incentive to “bill the file” just to meet some arbitrary requirement intended to increase firm profits. In many instances the billable hour requirement is nothing more than a “pyramid scheme” where associates work tirelessly to generate huge payouts to partners. While you might earn a $150,000 salary in the process, when you consider that your billable hour requirement may generate over $750,000 in attorney fees, the tradeoff doesn’t seem as attractive. Moreover, as we have recently seen, firms that employ this model are starting to collapse under their own weight with savvy clients refusing to participate in the billable hour game. This has contributed to mass layoffs, stagnant hiring, and numerous large firm closures.

Why do we need more plaintiffs lawyers?

We need more outstanding plaintiff’s lawyers not simply to withstand ongoing tort reform efforts, but to provide all people with access to excellent legal representation. To be sure, being a plaintiff’s lawyer is not for everyone; it takes passion, creativity, courage and resilience. Perhaps not surprisingly, then, historically it has been the great plaintiff’s and criminal defense attorneys (also Spartans in my view) who are honored as being the finest examples of our profession. So if you think you have what it takes, when deciding which side you will fight for in the ongoing battle for a more just society, I encourage you to remember the Spartans!

Why do plaintiffs attorneys work in smaller firms?

Because plaintiff’s attorneys typically work in smaller firms that are less hierarchical, new lawyers actually get to practice law. In fact, the expectation at most plaintiff’s firms is that new attorneys will interact with clients, take depositions, negotiate settlements, argue motions and even try cases.

Why do people go to law school?

In my experience, most people go to law school hoping that one day—preferably sooner than later—they will get a job working with a large firm, make lots of money and represent the interests of powerful companies or government agencies. This is particularly true of individuals who aspire to be litigators. And why not? We like to win and the sad but often true reality is that the outcomes of disputes are driven as much (if not more) by money and resources than by fairness and justice. So it stands to reason that when considering a career path, many prospective litigators choose to offer their talents to large, influential defense firms. You know the old saying, “If you can’t beat ‘em, join ‘em.”

Do you need a job to be a plaintiff?

A wonderful aspect of doing plaintiff’s work is that you don’t need a job; all you need is a client. Particularly in today’s uncertain legal market, there is no assurance that you will be offered work after you graduate and pass the bar. Instead of waiting around for a job to materialize, you can start helping plaintiff’s pursue claims large and small as soon as you have your license. If you have a sizeable case that may be too complex for your current experience level, or you cannot afford to take the case on a contingency fee basis, consider finding a more experience attorney who can work on the case with you and help advance case costs in exchange for a percentage of the recovery. You went to law school and passed the bar to be a lawyer, so go do it!

What is FindLaw for?

Use FindLaw to hire a local civil assault and battery lawyer to get compensation for medical expenses, emotional distress, or pain and suffering.

What to do if you are threatened with physical harm?

If you have been threatened with physical harm, hit, or otherwise touched when you didn't want to be, a civil assault and battery lawyer can help.

What is the difference between contingency fee plaintiffs and defense work?

The other significant difference between contingency fee plaintiffs’ work and defense work is the money , and who is making it and who is spending it , which pervades every aspect of how a case is conducted.

What is the voice of caution in a lawsuit?

On the plaintiff’s side the client carries the passion, and the attorney is the voice of caution. Plaintiffs sue because they were badly injured and it is someone else’s fault; to recover income and security they lost because of that other person; to try to make up for a life that has been changed for the worse; and certainly not least to be vindicated in a wrong committed against them. Emotions run high. Meanwhile their attorney is murmuring to them at every chance: Forget vindication, think about money. Weigh the chances of a huge verdict against the chances of losing. Juries are unpredictable. Taking a case to trial takes years.

Is litigation more intense for a plaintiff or a defendant?

The process of litigation is also, of course, significantly more intense for a plaintiff than for a defendant. Generally defendants have to respond to written discovery, prepare and show up for a deposition, and prepare and show up for trial. Plaintiffs have their life put under a microscope and judged.

Is volume of cases irrelevant?

In defense work volume of cases is irrelevant. You make the same amount of money whether you spend a lot of hours on a few significant cases, or a few hours on a lot of smaller cases. Status conference and you’re last on the list? Great. Easy billables.

Can an insurance adjuster complain about time spent on a case?

On the other hand, while it was rare for an insurance adjuster to complain to me that I had spent too much time on a particular case, the time that I did spend, whether in discovery, dispositive motions, or trial preparation, had to be explained, justified, and at least implicitly approved ahead of time. I have never heard of a contingency fee client complaining that their lawyer is spending too much time on the case. My time is free to them.

Why is it important to remember the other attorneys involved are looking out for the interests of their clients?

It is important to remember the other attorneys involved are looking out for the interests of their clients and will help you determine priority, if there is any, as well as check the math. While it is good practice for the plaintiff’s counsel to prepare a proposed order, there are other professionals overseeing their work, and together you will be able to submit an agreed order to the judge that is in line with each of your collective clients’ interests.

What is an interpleader in medical court?

An interpleader can often resolve a claim more quickly than obtaining reductions from medical providers, as reductions are a courtesy. There is no deadline for a medical provider to respond to a reduction request, and there is rarely an incentive for them to accept a reduction. However, setting a hearing on a motion to determine liens gives the provider a deadline to be included in the disbursement. Further, an interpleader ensures the provider will hire an attorney who understands the law and court process, which ensures the plaintiff’s attorney has much less explanation to provide. Finally, an interpleader provides protection if there is ever a question as to the disbursement of the settlement proceeds in the future. Producing a copy of the court’s order and matching payments will alleviate the question of why a certain provider was or was not paid.

How to determine a lien in Oklahoma?

After all the providers and lienholders have been notified of the interpleader action, file a motion to determine liens to obtain a court date and submit the motion to the judge with a proposed order setting the date. While it is not a rule or requirement in Oklahoma to file a proof of notice to each provider and lienholder with the court, it does assure the court that due diligence has been taken and includes the notice as part of the record should any party attempt to appeal the final order. After obtaining the order for hearing, again notify all the providers and lienholders of the hearing date and retain proof of each notice. Often by this point, the providers will have retained attorneys who will have filed an entry of appearance, which makes providing notice a lot easier and a lot less expensive. After the hearing is set and the interested parties are notified, begin to draft the order of disbursement.

What happens after an interpleader is filed?

After the order has been filed, the checks have been cut and the funds have been distributed, the final step of resolving a client’s claim with an interpleader is to file a dismissal with prejudice to close the active case. Unlike a typical civil lawsuit, interpleader actions can be opened and closed within just a few months.

What is an interpleader in insurance?

Black’s Law Dictionary describes an interpleader action as “a suit to determine a right to property held by a usually disinterested third party who is in doubt about ownership and who therefore deposits the property with the court to permit interested parties to litigate ownership.” Simply put, an interpleader is a tool to use when the insurance settlement does not cover all the damages in a case.

Why do you have to have an order of disbursement drafted prior to a hearing?

Having the order of disbursement drafted prior to the hearing will make the hearing a whole lot easier and could potentially avoid attending a hearing altogether.

Why do you file an interpleader?

For all of these reasons, filing an interpleader with the court can lessen the burden of stretching a settlement for the plaintiff’s attorneys, and anything that lessens the burden is worth learning.

Why is a defendant not entitled to a plaintiff's medical history?

What this law means in practice is that a defendant is not entitled to a plaintiff’s entire medical history just because a plaintiff has filed a lawsuit alleging injury to one part of her body. (See, e.g., Hallendorf v. Superior Court (1978) 85 Cal.App.3d 553, 555-57) (where plaintiff claimed that injuries to his arm and shoulder forced him to take an early retirement, court held that defendant was not entitled to all medical records in plaintiff’s physician’s possession, despite defendant’s argument that such records were discoverable because information concerning prior physical and emotional conditions which affected the plaintiff’s ability to work were necessary so that the defendant could “ascertain whether there were other medical and/or emotional reasons why the plaintiff took an early retirement”).

What to do if opposing counsel won't agree to a subpoena?

If opposing counsel will not agree, file a motion to quash and seek a protective order pursuant to Code of Civil Procedure section 1987.1 (a), requesting that the court require the subpoenaed records to come directly to you for an initial review period.

What is the law in California regarding subpoenas?

California law safeguards a plaintiff’s privacy and prohibits a defendant from engaging in a fishing expedition with respect to a plaintiff’s medical history. Yet even a properly tailored subpoena for medical records presents a threat to a plaintiff’s privacy, as the reality is that no one at any hospital or doctor’s office is going to carefully cull through the records to ensure that only relevant records are produced; more likely than not, the provider will simply produce all records in its possession relating to the particular individual. These records may contain sensitive and highly personal information. To safeguard your client’s privacy, while still providing the defendant with the discovery it is entitled to, the best practice is to try and institute a “first look” policy allowing the plaintiff’s counsel to have a “first look” at a plaintiff’s medical records, and then produce them to the defendant within an agreed- upon amount of time, along with a log of anything that has been withheld. This will result in minimal delay to the defendant, while protecting the plaintiff from disclosure of sensitive and confidential information, and is the best way to ensure that everyone’s interests are adequately safeguarded.

What happens when a doctor receives a subpoena?

In a perfect world, when a doctor’s office received a subpoena for records relating to a plaintiff’s arm, it would carefully review all of the plaintiff’s records and produce only those records relating to the plaintiff’s arm. In reality, however, even if a subpoena is perfectly tailored, no treatment provider is going to carefully cull through potentially thousands of pages of records to ensure that only those records responsive to the request are produced. Treatment providers do not have the time nor the means to produce documents in this way. Instead, they will copy all documents relating to the individual whose records have been subpoenaed, and then produce them all. Anyone who has spent time reviewing medical records in a personal-injury case knows that a medical file may contain all kinds of sensitive and private information, such as information relating to gynecological visits, fertility treatments, or venereal disease. While you can move to exclude any irrelevant records if the case proceeds to trial, that still does not change the fact that highly sensitive, private information has been disseminated to defense counsel. Thus, even a subpoena that has been narrowed so that it is perfectly tailored to only seek what the defendant is entitled to will place your client’s privacy in jeopardy.

What to do when you get a subpoena for medical records?

Thus, when you get an overbroad subpoena for medical records, the first thing you should do is get on the phone with opposing counsel and see if she will agree to a first-look procedure such as the one described above.

How to protect client from disclosure of sensitive medical information?

The law clearly protects a plaintiff’s interest in the confidentiality of sensitive medical data not put at issue, so how do you protect your client from disclosure of sensitive information? The answer is a first-look procedure whereby subpoenaed records are produced by the deposition officer directly to the plaintiff’s attorney’s office. The plaintiff’s attorney then has an agreed-upon number of days to review the records and produce them to defense counsel, along with a log of anything removed or redacted. If defense counsel wants to dispute anything on your privilege log, she can do so as she would with any privilege-dispute meet and confer, move to compel, and, if need be, have an in camera review. The first-look procedure can be implemented either by agreement of counsel or by order of the court pursuant to California Code of Civil Procedure section 1987.1 (a), which provides that after a motion to quash has been made, the court may make an order “modifying” the subpoena, or “directing compliance with it upon those terms or conditions as the court shall declare.” (emphasis added).

Is there an implicit waiver of the right to privacy?

Although by bringing suit there may be an implicit partial waiver of the right to privacy, “the scope of such waiver must be narrowly, rather than expansively construed, so that plaintiffs will not be unduly deterred from instituting lawsuits by fear of exposure of private activities.”.