On October 23, 2019, a San Diego Jury awarded my client $145,000 for injuries she suffered when a McDonald's employee failed to securely fasten the lid on a cup of coffee at the drive through window.
This is one of the more enjoyable trials that I've had so far because McDonald's was refusing to accept any responsibility for their conduct and was blaming my client. The truth is, they thought because of all of the propaganda that they had created surrounding the infamous McDonald's hot coffee spill case back in the 90's, that they were going to be able to play into people's bias. As we know now, that did not work. Here's my interpretation of why it did not work.
Our jury system is the BEST system that we have in the world. No other countries system of justice c...
Omid Rejali, Esq.
Insurance companies are in the business of making money and increasing the profits of their shareholders. To that end, they are only looking at their own interests and not of that of an injured party.
If the insurance company is offering to settle your claim for $10,000 you need to be asking yourself several questions.
1) What stage of the process is the claim at? meaning has a lawsuit been filed, or is the offer given before a lawsuit has been filed?
2) What is my attorneys reputation in the community?
3) What are my injuries?
4) What is the property damages amount?
Let's look at this questions from two angles. First, let's assume that you have r...
By Omid Rejali, Esq.
You've been injured, you hire an attorney, you seek treatment, and now its time to settle your claim with the insurance company. Are you getting the full value of your claim? Here are three reasons why you should speak with a trial lawyer prior to accepting a settlement.
1) Trial lawyers have a better understanding of the value of your claim
Trial lawyers are story tellers. To be able to tell your story, trial lawyers have to get to know you inside and out. What trial lawyers understand and the law also recognizes is that we are all unique humans, and for that reason no one has a right to take away from us our health, and cause us pain, suffering, disfigurement and loss of enjoyment of life. And if they do, th...
By S.J. Walker
damages to the jury, and sell them well. It is easy enough to grab different
witnesses who have some relation to the case and ask them to testify. However,
if not done properly this will likely become a one-way ticket to an objection
based on cumulative evidence. Many times, it is easiest to put the plaintiff on
the stand because the plaintiff is the person who is best qualified to testify
about their damages or their loss of enjoyment in their life. This easily can
lead to a pitfall, a Catch-22 if you will. If the plaintiff testifies
truthfully of their injuries, they are likely to come off as whiners to the
jury. It is not likely that a jury takes well to whiners. Secon...
By S.J. Walker
written discovery is a constant in all of litigation. The goal: to permit parties
to evaluate the case, identify issues, and prepare for depositions and trial.
Much of written discovery begins with form interrogatories and special
interrogatories. Unfortunately, novice lawyers, and possibly some seasoned
lawyers, forget that the defense counsel will use the information in your client’s
interrogatories at deposition and throughout the case. As such, making sure a
proper analysis is done on each question will ensure your client provides the
proper and accurate responses. It is the professional responsibility of the
lawyer to represent their client competently and diligently, ...