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MOTOR VEHICLE; MOTORCYCLE;

WATER CRAFT/BOAT ACCIDENTS; AIR CRAFT; SLIP/TRIP/FALL; PREMISES LIABILITY INJURIES; ASSAULT/BATTERY; PEDESTRIAN ACCIDENTS; ANIMAL & DOG BITES; WRONGFUL DEATH; MEDICAL MALPRACTICE; TRUCKING ACCIDENTS;

For over fifteen years our attorneys have handled accident and injury cases where people have been seriously injured or killed.

The attorneys at Brictson and Cohn work in the state courts throughout California and various federal courts nationwide. They work in the courts in San Diego County on a daily basis and are familiar with the court personnel, judges, and the local rules and laws. They can provide you with all the information to make an informed choice as to what you should do if you or someone you know have been seriously injured in an accident.

Our attorneys have extensive experience in handling nearly all types of personal injury cases including auto accidents, motorcycle accidents, truck accidents, water craft and boat accidents, animal attacks, assaults, premises liability, burn cases, swimming pool cases, premises liability cases, slip, trip and fall cases, wrongful death, pedestrian accidents, nursing home abuse, bus accidents and products liability.

Our firm uses a team approach. In many cases one or more attorneys, paralegals, legal assistants, investigators, lifecare planners, economists, accident reconstructionists and medical and other expert witnesses all work together on behalf of a client. We have the technology, resources, staff, and consulting experts to prepare and present a client's claim with great effectiveness.

We can help you with reporting any incident which caused injury to the police, your insurance company, or or proper authority, and obtain your wage loss, pain and suffering, as well as future medical treatment, future wage loss and other out-of-pocket expenses. If a claim goes before the court, we take pride in being the most prepared attorneys in the courtroom. Our attorneys anticipate and then respond to the unique trial demands of each individual case, leaving no detail to chance in advancing the interests of the client. We have the knowledge and experience and we will not hesitate to spend the time, money and resources to ensure you receive the compensation for your injuries you deserve.

How much time do you have to file a lawsuit? No one-size-fits-all answer exists.

The statute of limitations (the time in which one may bring a lawsuit) varies with every state, the type of lawsuit, the type of injuries and who is being sued. Therefore, it is imperative that competent legal counsel be consulted as soon as possible if you think you might have a potential injury claim. For example, if your suit is against a governmental entity, you may have to file a claim within a very limited time prior to filing a lawsuit. This time can vary from governmental entity to governmental entity. The failure to bring your suit in a timely and proper manner could forever bar your claim and result in you not being able to obtain any monetary damages for your injuries. In addition, there are special rules for minors. The California Codes relating to statute of limitations can be found in the California Code of Civil Procedure, section 312 et seq.

Once you have ascertained what statute of limitations applies to your case, your next step is to determine when the clock starts ticking. In most situations the time starts to run on the "date of harm." However, a huge exception to this general rule exists. The exception

protects plaintiffs in situations where they may not be aware for months or even years that they have been harmed. In such situations, statutes of limitations may begin the clock ticking either on the "date of discovery" of the harm, or on the date on which the plaintiff "should have discovered" the harm. In short, for some types of legal actions the statute of limitations clock can start ticking at three different times!

Earliest: The date of harm.

Later: The date on which the plaintiff reasonably should have discovered the harm. This refers to the date when a judge considers it fair to say that the plaintiff should have known about the harm, even if the plaintiff didn't actually know about it.

Latest: The date on which the plaintiff actually discovered the harm.

Brictson & Cohn takes these cases exclusively on a contingency basis. That means:

IF OUR CLIENT DOES NOT PREVAIL OVER DEFENDANT, THROUGH AN AWARD, ORDER, OR JUDGMENT IN OUR FAVOR, OR IF THERE IS NOT SETTLEMENT BETWEEN THE PARTIES, WE DO NOT GET PAID.

Accordingly, we screen our cases carefully and work hard to maximize the value of the case.

Additional Information

If you are involved in an incident that causes you harm, protect your rights. If it is an automobile collision, make sure a collision report is filed. If you are injured in a slip and fall on commercial property, file a report with the property owner or manager. If a faulty product injures you and you see a doctor, be sure the injury type and cause are listed in your medical records. If you suffer business losses, keep accurate and complete records of your losses; etc.

It is very important that you know exactly what your rights and liabilities are with reference to your personal injury claim. Many times the victim of an accident becomes the victim of the underhanded tactics of an insurance company. We have outlined below some important information that you should read carefully:

If you have insurance that is supposed to pay benefits, and the insurance company does not perform its insurance policy contract with you, be sure to let us know. You may end up making more money. It is better if you let us know in writing, rather than orally.

Your insurance companies are under an obligation imposed by the "Insurance Bad Faith Doctrine," and are strictly regulated by state law. You may be able to recover for the insurance companies' failure to pay their own insured’s (you) fairly.

ADVICE WE GIVE OUR CLIENTS

The insurance companies advertise that they pay claims promptly and fairly. However, they are in the business to make money. So they charge high premiums, and in some instances resist paying claims or the full amount of claims.

You should know about some of the more common methods used by the insurance industry to delay, minimize, and sometimes even avoid payment altogether. You deserve to get what you are entitled to.

If you go to the doctor only a few times, they claim you were not hurt badly. If you go to a doctor who does not want to testify, they usually know this, and offer only a fraction of what is rightfully yours. The insurance companies want you to go to their company doctors, doctors that they control.

If you do not go to the doctor enough, the defense can claim you did not try hard enough to get well. If you go to the doctor often, they claim you over treated in order to "run up the bills." It is an unfair, "Catch 22" situation.

There is nothing illegal or immoral about your lawyer recommending doctors, but the insurance companies act as if it is a terrible thing. What they do not like is that your lawyer is interested in seeing that you get all of the kinds of medical attention you need, by doctors who are willing if necessary, to both wait to get paid and to go to court. Some doctors just do not want to testify, or are poor public speakers, or are too busy making money.

Make sure you tell the doctors how this accident changed your life--how it caused or worsened your physical and/or mental health. Be honest with them. Otherwise, the defense may claim what you suffered is not due to this accident. Make sure you tell them all your complaints, no matter how minor. Be consistent. The defense attorneys will look for any inconsistencies in your medical records and what you tell your doctors no matter how innocent or unintentional in order to attack your credibility.

The defense will do whatever it can to avoid paying promptly and fairly. Often it is their objective simply to drag the case out as long as possible, by any means possible, so they can hold onto their (yours, really) money longer.

It is up to you to protect your rights and your health. We will assist you in any appropriate fashion.

Please immediately let us know if: (1) you do not like one of your doctors, (2) you stop getting treatment, (3) the doctor seems not to care enough about your case, or (4) the doctor wants to send you to another doctor. Doctors usually do not know which doctors extend credit and which are unafraid to go to court.

UNDERHANDED DEFENSE TACTICS THAT MAY BE USED AGAINST YOU

Insurance companies and other defendants use many tactics to defeat or minimize accident victims' cases. These include all of the following:

The defense sometimes will take incomplete or misleading statements. Do not give any statement to anyone who is not a representative of this office. If you have already given any kind of statement, whether or not it is written, let us know immediately by writing us.

Many insurance companies and other defendants have accident victims spied on and followed. They will wait until you have a good day and try to get movies or photographs of you doing some activities that on bad days you either cannot do or have trouble doing. Therefore, you do not do anything without getting your doctor's permission first.

They will check with your neighbors, perhaps with your employer, perhaps with co-workers, etc. Therefore, be careful what you say to people. Do not even in jest suggest that your case is not legitimate, or that you were not "really" injured. If you feel that way, we do not want to handle your case, so please let us know. Rather, complain like hell so that if they do check up on you, all that they find out is that you have been complaining a lot.

Sooner or later the defense will most likely send you to company doctors who are advocates for the defense. As a consequence, you have little choice but to go to doctors who can be advocates for you. Otherwise, you will not have any medical advocates. Many a good case has bee fouled up by doctors who, for a variety of reasons, do not want to be bothered going to court or are turn our to be poor witnesses, even if they are good doctors.

The defense will try to starve people out. They will delay meaningful negotiations. They can continue to make interest on their money the longer they keep it. They will typically be uncooperative about fixing the motor vehicle of a person injured in a motor vehicle accident and try to get the whole thing settled. This frequently results in the accident victim being unable to hunt for work because he has been deprived of his motor vehicle. Then they will claim that you should have taken the bus to look for work!

This is just a small sampling of some of the more common underhanded defense tactics that may be used against you. You must be on the alert for them.

Insurance companies are rich and big for a reason. They charge as much as they can by way of premiums. They keep as much money as they can. The way they keep as much as they can is by delaying claims and trying to defeat or minimize claims. Do not get taken in by the advertising you see on television.

WARNING

The other side in your case may try some unfair things. Do not make a mistake that may cost you money. Follow these important rules:

1. TALK TO NO ONE - Do not talk to anyone about your accident except one of the lawyers or investigators on your case-if someone contacts you, ask them to contact my office. You should always require identification so that you are sure whom you are talking to. Do not even talk to your own insurance company or to any lawyers hired by your own insurance company without notifying your attorney.

2. DAILY RECORD OF COMPLAINTS - keep a daily record of your complaints and progress. This can be very helpful if, a year later, you are called upon to relate your pain and difficulties.

3. DAILY RECORD OF WITNESSES - Contact your friends, neighbors, associates at work, etc., and on a separate sheet of paper for each witness, give us his name, address and telephone number. Have each describe, or you describe in detail on a separate sheet of paper what he or she knows about how this injury has changed your life. For example, your neighbor might tell about how you are not able to work as much around the house, or your friends could tell how you do not bowl now, or you do not engage in some other type of hobby. It is better if these witnesses are not your relatives. It is all right if they are your friends because they would be more likely to have observed you. It is impossible to be too detailed.

4. EXPENSES OF THE ACCIDENT - You are entitled to recover any expenses incurred because of your accident. Therefore, obtain bills and receipts for all such expenses and forward them to this office. These can include but are not limited to the following:

a. Medical Bills. Obtain and keep duplicate copies of all medical, hospital, ambulance, and drug bills. You should periodically send these bills to us for our files. Also keep records of any other expenses you may have in connection with your accident, such as hiring of extra help. All your bills should be paid by check or you should obtain and keep receipts. You should keep a list of all your medical bills.

b. Transportation and Parking. Transportation expenses to and from the doctor along with parking charges are compensable.

c. Rental car. If your vehicle was damaged because of this accident and you are making a claim against the responsible party, you are entitled to the cost to rent a transportation vehicle. If the responsible party had no automobile insurance and you are making a claim against the uninsured motorist portion of your own automobile insurance policy, you will be entitled to rental car reimbursement only if you have rental car coverage. In any case, you may not be entitled to be reimbursed the $4.00 to $8.00 per day collision waiver that the rental company tries to sell you as insurance. There is a way around this. Some credit card companies will automatically extend collision waiver coverage to you if you use their credit card for the rental. We suggest that you check with your credit card companies to see if you have this type of coverage for free.

5. LOSS OF WAGES OF POTENTIAL INCOME - One of the major aspects of your case may be loss of income or potential income, and the most difficult to prove to the satisfaction of the courts. I will need a copy of your union contract showing wage rates, copies of your W-2 forms and your income tax returns for at least the last five years. Please obtain from your employer the exact days you missed from work because of this accident and the amount of money you would have make if you would have been working these days. If this injury has prevented you from being advanced in your employment or has prevented you from obtaining employment, please give me the names, addresses and telephone numbers of witnesses who can prove this for you. I would also like to know in detail what services you have been prevented from performing around the house, such as supervision of the children.

6. BE CAREFUL!! - Talk to no one. You may be followed, spied on, or secretly photographed by the other side. They may talk to your employer, your neighbors, or other people as well.

7. THE WAIT IS PART OF THE PROCESS - You will not get your money right away even if you need it right away. Sometimes insurance companies try to put the pressure on people by waiting until their money runs out. Do not fall for this! Have your own insurance company pay your medical bills.

8. PROPERTY DAMAGE - If you sustained any damage to your vehicle or other possessions as a result of the incident please be advised that you may directly resolve the property damage portion of your claim with the proper insurance company, however, please do not discuss the accident itself or your bodily injuries. If needed, the insurance company has been instructed to contact you directly for the purpose of resolving any damage to your property to help ensure it is taken care of as soon as possible - they are not to contact you directly for any other purpose.

9. DOCTORS

a. ALL DOCTORS - When you provide a doctor with information including a description of the incident or accident it will nearly always appear in the medical records and be reviewed by the other side. Inconsistent or inaccurate statements can seriously hurt your case, especially if they involve details about how the accident or incident occurred. Therefore, you must be careful to be consistent and concise - especially when providing information on the incident itself.

b. THEIR DOCTORS - Sometimes insurance companies recommend doctors who are favorable to them. Always check with our office before seeing a new doctor, even if your old doctor sends you there.

c. YOUR DOCTORS - At this time, you are probably treating with one or several physicians for your accident related injuries. Tell your attorney know the names, addresses and telephone numbers of any and all physicians you have intended to seek treatment with..

10. QUESTIONS OF THE INSURANCE COMPANY - If a representative of any insurance company questions you or any member of your family about your case, please find out his or her name and the company he or she represents and refer him or her to your attorney. Do not give out any information or sign any papers.

11. HOSPITAL AND DOCTORS BILLS - Have your own auto insurance carrier pay as many hospital and doctor bills under the medical payment provisions of your policy as soon as possible. You should also have your hospitalization insurance, such as Blue Cross and Blue Shield, pay as much on your bills as possible. You should not expect doctors and hospitals to wait until your case is tried or settled to receive payment.

12. SAVE YOUR CAST, ETC. - If your injury requires a cast, brace, traction or other appliance, save it. If the case is set for a hearing you should bring these items with you.

13. PHOTOGRAPHS - Keep the negatives and prints of any photographs pertaining to your case which you or any of your friends have taken. Try for these to be 35mm color prints rather than digital pictures or Polaroid snapshots. If you are required to be in the hospital and are receiving any type of treatment like traction or physical therapy, please notify our office. Be sure that you have taken plenty of photographs of your damaged vehicle before you have it repaired.

If you cannot supply photographic evidence of your injuries, property damage and scene of the incident sometimes your attorney will make arrangements to have a professional photographer or investigator gather evidence. However, it is less expensive if you can provide such evidence and it holds down non-reimbursable costs which must eventually be paid by you.

14. CORRESPONDENCE FROM OTHERS - If you receive any correspondence in the mail pertaining to the accident, keep copies and give them to your attorney.

15. SETTLEMENT - Be aware that from our experience, it appears that most cases are settled out of court, and it usually takes somewhere from six months to one year to settle a case.

16. TRIAL- Although most cases settle out of court, not all do. You have to prepare EVERY case as if it will go to trial. That increases your leverage in settlement negotiations, AND gives you a realistic understanding of the value of your case. If it does go to trial, solid preparation maximizes your chance for a succesful outcome.

An experienced personal injury attorney will help you to file a lawsuit for pain and suffering of your injuries if you have had an accident or become disabled, or win you a settlement for the wrongful death of a loved one.