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How the Right San Diego Car Accident Lawyer Can Get You More Money?

February 24th, 2021

By Omid Rejali, Esq.

There are many San Diego Car Accident and Personal Injury Lawyers in San Diego. Choosing the right one can have a significant impact on the amount of money you will ultimately get for your injuries.

1) Make Sure You Look Into Your Attorneys Reputation and Character

The best way to do this is to ask other attorneys you may know if they have ever heard of the attorney you are about to hire. Another way to do this is by looking online through sites such as google, yelp or avvo. Be very wary of the online reviews. These days, there are many companies that will write personal injury firms reviews for a fee. Other things you would want to look into are, how long the firm has been in practice, how long has the attorney been licensed and more importantly what he or she has accomplished throughout those years.

In this industry, it is easy to make a quick buck. If you have been seriously injured you want to make sure that the attorney who represents you has a good reputation in the community, and will have your best interest in mind.

2) Trial Experience

I cannot stress this one out enough. Many attorneys may tout on their websites and hold themselves out as trial lawyers, but they have not done a single trial in their life. What they do is they will take your case, and when it comes time to try the case, they will at that point bring in trial lawyers, such as myself, to try the case.

This can have negative implications on your case because they are not working up your case with an eye towards trial. And also, the attorney who does have trial experience may be able to get you a better result much faster, prior to getting to trial because the insurance companies know who they are dealing with.

3) Use of Experts

Many attorneys recommend settling the case the moment they realize they have to spend money out of their own pocket. This is not to say that every case warrants hiring of experts, but the decision to hire experts or not, should not be made on the fact that your attorney does not want to spend money on your case. More so, many attorneys don't want to take expert depositions and will recommend that you settle your case for that reason. Money should never be a factor in settling your case. If you feel that your attorney is recommending settlement because of money, you are entitled to get a second opinion.

Thank you for reading my blog. I hope this helps you.

If you have any other questions, feel free to contact my office at 619-887-4148, send us a text message to 619-485-6313, send me an email at omid@rejalilawfirm.com or leave us a message here and we will get back to you.

Born to get you JUSTICE!

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Why the Insurance Company Wants to Settle Your Injury Claim Fast and Why You Shouldn't.

February 16th, 2021

By Omid Rejali, Esq.

I had a phone call with a potential client last week asking whether she should settle her claim for the $25,000 that the insurance company was offering her.

Any time, an insurance company is offering that amount of money, without a personal injury lawyer involved, I know the injuries are significant and will likely require future medical treatment.

Insurance companies want to settle cases right away, because they don't want you to have an opportunity to speak to a personal injury lawyer. If an insurance company is offering you any money, it is always advisable that you at least have a consultation with an attorney. Most attorneys have free consultations and will be happy to discuss your case with you.

Another reason is that they also know, based on the damage to the vehicle and the medical records that you have already provided to them that your claim is worth much more money and so if they can get away with paying you less, of course they would want to do that. All insurance companies care about one thing-paying you less money for your injuries. They don't care about what happens to you in the future.

Many many injuries do not manifest themselves until at least three months and some such as brain injuries could begin manifesting even later.

Remember, if you've been harmed you are not only entitled to the cost of your past medical injuries, you are also entitled to future care. Don't let an insurance company pay you less money and think to yourself that your health insurance would pick up the rest of the tab in the future. Sometimes they do, and sometimes they don't and you will be stuck with the bill.

You want to make sure that you are fully compensated for everything that was taken from you on the date of the injury.

Thank you for reading my blog. I hope this helps you.

If you have any other questions, feel free to contact my office at 619-887-4148, send us a text message to 619-485-6313, send me an email at omid@rejalilawfirm.com or leave us a message here and we will get back to you.

Born to get you JUSTICE!

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Can Attorneys Lie During Your Case?

February 10th, 2021

By Omid Rejali, Esq.

Believe it or not, the answer to this question is YES. This one was a shocker to myself when I learned about it. Although I understand the rationale behind it, to me it's still unfortunate that we even have laws in place that allow attorneys to lie during the pendency of litigation without facing consequences.

The Litigation Privilege

The litigation privilege allows parties and their attorneys protection from civil liability from any statements they have made during the pendency of litigation. The policy behind this is because the courts do not want to have prolonged litigation that arises out of a litigation that is already going on. As you may imagine that would lead to litigation after litigation after litigation.

On the flip side of that however, attorneys and parties can lie during the pendency of litigation without facing any consequences.

Now, that is not to say that the attorney who has made a false representation cannot be sanctioned by the state bar and face consequences in that venue, or that a prosecutor may attempt to file perjury claims against him or her or a party.

The litigation privilege does however insulate parties and their attorneys from being held civilly liable for their conduct during the pendency of litigation.

Thank you for reading my blog. I hope this helps you.

If you have any other questions, feel free to contact my office at 619-887-4148, send us a text message to 619-485-6313, send me an email at omid@rejalilawfirm.com or leave us a message here and we will get back to you.

Born to get you JUSTICE!

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What is the Difference Between a San Diego Personal Injury Settlement Lawyer and a Real Lawyer?

February 4th, 2021

By Omid Rejali, Esq.

When I became an attorney I took an oath to protect my clients interests at all costs and keep their confidences above everything.

I remember the oath as if it was yesterday and will remember it, cherish it and honor it until the day I leave this earth.

I am honored to represent my clients at the most vulnerable times in their lives and to protect them from insurance companies and their often times lying attorneys who will go to any length to save the insurance company money. Yes, believe it or not attorneys can lie during the pendency of litigation and get away with it (more on this in a different) blog.

So, what is the different between a settlement lawyer and a real lawyer. Here are three main differences.

1) Settlement Lawyers Care About Their Bottom Line

Don't get me wrong, there are times where cases should and need to settle. What I am discussing here however are the types of attorneys who are out to make a quick buck, most likely at your expense. You want to make sure the attorney you have hired cares about you as if the injury had happened to their own family. Make sure you are in direct communication with the attorney and understand the process.

2) Settlement Lawyers Work Up a Case for Settlement

These lawyers often times will send you to a variety of doctors just to pad up your medical bills for no apparent reason. If you feel like you are going to too many doctors that seem to be unnecessary to you, that could be a red flag. Settlement lawyers work with doctors to pad up your medical bills so that they can get you more money from the insurance companies. This tactic works, until the insurance company decides to fight your attorney on the excessive bills. Once this happens, the settlement lawyer will most likely contact you to say it's time to settle your case. And all of the sudden your case that was a wonderful case in the beginning, now is not such a wonderful case in your settlement lawyers eyes.

More importantly, going to unnecessary doctors can now hurt your case and it would make it much more difficult for a real lawyer who actually tries cases to fix the problems that your settlement lawyer has caused should you choose to change lawyers.

3) Real Lawyers Look at the Case All the Way Through Trial

Real lawyers in contrast to settlement lawyers actually care about you and your case. This allows them to posture your case appropriately. They do not send you to unnecessary doctors to pad up your medical bills. They care about making sure that you get paid for everything that was taken from you. They also however do not take on cases that they don't feel that the client is not injured. Real lawyers want to make sure that the insurance company treats you like a human being and not an object.

Thank you for reading my blog. I hope this helps you.

If you have any other questions, feel free to contact my office at 619-887-4148, send us a text message to 619-485-6313, send me an email at omid@rejalilawfirm.com or leave us a message here and we will get back to you.

Born to get you JUSTICE!

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Three Tips on Your San Diego Car Accident Attorneys Fees

January 28th, 2021

By Omid Rejali, Esq.

Had a conversation with a client this week about how he anticipated to get much less as part of his settlement than what he actually received.

It's not the first time I have been hearing this from my clients.

Personal injury attorneys are notorious for taking advantage of their clients. It is so upsetting to me that the very people that have been placed in positions to protect you during your most vulnerable times are only thinking about their bottom lines.

Keep these three tips about attorneys fees in mind when hiring your San Diego Car Accident Lawyer.

1) Make Sure You Review the Contract and Understand Everything

This is extremely important. Unfortunately, not so many people review the contracts because they may be thinking to themselves since they are not paying any money out of pocket at the time, that it's not as important. Or worse yet, the attorney points them only to the percentages of fees that may be collected.

Make sure you thoroughly review the contract. Have the attorney email it to you in advance so you can read it and sleep on it.

2) Make the Attorney Explain Anything you Don't Understand

If you don't understand something in the contract, make sure you ask your San Diego Car Accident lawyer to explain the contract to you. Once you sign the contract you will be bound by all of its terms.

Also, make sure you are familiar with all of the costs the attorney may be charging. I have been seeing attorneys now a days charging fees for printing, copying, file opening fees, file closing fees etc.

At my firm we do not have such charges. Whatever the percentage fee is, that's it. No hidden fees.

3) Under No Circumstance Should The Attorney's Fees Be Higher Than What Goes in Your Pocket

This one is something that I have been hearing a lot lately. Client gets a settlement and calls my office asking if we can help because they are not happy with the amount they are receiving as part of their settlement. Unfortunately, at that point in time, there's nothing that we can do for you. But, as a general rule of thumb, your attorneys fees should not be greater than the amount that goes into your pocket. After all, you are the injured party and without you there would be no claim.

Thank you for reading my blog. I hope this helps you.

If you have any other questions, feel free to contact my office at 619-887-4148, send us a text message to 619-485-6313, send me an email at omid@rejalilawfirm.com or leave us a message here and we will get back to you.

Born to get you JUSTICE!

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Three Reasons Why You Should Not Settle Your San Diego Car Accident Case During the Pandemic

January 22nd, 2021

By Omid Rejali, Esq.

Insurance companies have become very bold during the pandemic with their unreasonable offers. That's because with no jury trials in sight they have no incentive to settle claims. Jury trials act as checks and balances against the insurance companies. Without them, the insurance company is taking advantage of the situation and attempting to offer unreasonably low offers in the hopes that because you may need the money now to accept their offer. Here are three reasons why you should not settle your San Diego Car Accident case during the pandemic.

1) You Will Certainly Get a Lower Offer

You will certainly get a lower offer of what the value of your case is. That's because insurance companies assess the value of your case based on risk. As your case generally gets closer to trial, the risk to the insurance company increases and so they generally offer you more money. Without the risk of a trial, there is absolutely no reason for them to offer you any reasonable amount.

2) The Insurance Companies Offer Will Likely Not Even Cover Your Medical Bills

I have been hearing from colleagues that the insurance companies have even taken on more bold moves by further disputing the amounts and necessity of the medical bills you owe as a result of something they have caused. This was always a problem, but now they are going to extremes and arguing for example if you owe $10,000 in medical bills to your doctors that they will only cover half of that. Again, they have become emboldened by the pandemic and the fact that there is no trial in sight.

3) Once Jury Trials Resume You're Case's Value Will Increase

On the flip side of what I am discussing, as soon as jury trials resume, which could be towards the end of 2021, the insurance companies will again assess their positions and will likely increase their offers. This of course hinges on the assumption that the attorney you have or hire is the type that is willing to take your case to trial and has done so in the past should that be necessary.

Don't let the insurance companies use the pandemic as an excuse to get away with the injuries their insured caused. I talk about the insurance companies, because they are the one's behind everything. The person who caused your injuries may be the direct cause, but the insurance companies are the one's that are running the show. Their insured (the person who caused the collision) has virtually no say in the outcome and has a responsibility to cooperate with his or her insurance, so they will cover him or her. In other words, they are also a pawn in the insurance companies game.

Hang in there. This too shall pass, and justice will prevail.

Thank you for reading my blog. I hope this helps you.

If you have any other questions, feel free to contact my office at 619-887-4148, send us a text message to 619-485-6313, send me an email at omid@rejalilawfirm.com or leave us a message here and we will get back to you.

Born to get you JUSTICE!

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How San Diego Car Accident Settlement Mills Use You to Obtain Their Own Goals

January 14th, 2021

By Omid Rejali, Esq.

More and more I see and hear about settlement mill type law firms being introduced in our community. Although, not all firms are the same, it is extremely important to do your own due diligence prior to hiring a San Diego Personal Injury Firm. I would be happy to talk to you for free if you are considering hiring a personal injury firm in San Diego and want to know their reputation. First, let me begin by briefly explaining what a settlement mill firm is.

San Diego Settlement Mill Personal Injury Law Firms

These are firms that you typically see advertising extensively. Although, I will have to say not all firms that heavily advertise are considered a mill, there is one particular characteristic that most of them have in common-they look at you as an object, a means to obtain their own goals, which is to pocket as much money as possible based on your injury. Let me explain. There is absolutely no problem with making money. We are as personal injury law firms and attorneys ultimately businesses that operate to make a living.

However, what sets these mills apart is, they don't look at you and your case and injuries as human beings. They will look at you as an object. Much the same way the insurance company looks at you as an object. In operating their firms this way, they are more or less working for the insurance company instead of for you. They settle cases based on previous cases they have settled with the insurance company and sometimes even the same insurance adjuster, instead of assessing the human value of your losses and suffering, and the value that your case may have if it was presented to a jury.

Common Characteristics of These Firms

1) Don't Ever Meet With the Attorney Until Case is Resolved

Often times, with firms like this you don't know who your attorneys is, and they have paralegals, case managers and others handling your case, and sometimes even settling your case. This is problematic because the paralegals, case managers etc. do not know how to value a case.

2) Heavy Advertising

Settlement mills need to continuously advertise to be able to hit their goals. And by their goals I mean their numbers. They don't care about your case, what they care about is to make sure they hit the numbers that the people on top have decided on. To that end, if they have not met their first quarter goals and by settling your case, they will be able to hit that number-guess what? your case is getting settled even if the value of your case could have been extremely higher than what the insurance company had offered you.

3) They Generally Have Zero Trial Experience

The lack of trial experience makes these firms not know the true value of your case. More importantly, the lack of trial experience along with the reputation that these firms have, make them an easy target for the insurance companies. This is because they know, no matter what happens, the firm will settle the case and, this will significantly reduce the offer the insurance company will give you.

Bottom line is, you need to be extremely diligent in choosing the right San Diego Car Accident Lawyer for your case. It is one of the most important decisions you will make in your life and, you want to make sure you choose an attorney who has your best interest in mind and looks at you as a human being with goals, dreams, feelings and desires, rather than an object to meet his or her own goals.

Thank you for reading my blog. I hope this helps you.

If you have any other questions, feel free to contact my office at 619-887-4148, send us a text message to 619-485-6313, send me an email at omid@rejalilawfirm.com or leave us a message here and we will get back to you.

Born to get you JUSTICE!

The Truth Has a Magical Way of Finding Its Way to Get You Justice

January 7th, 2021

By Omid Rejali, Esq.

In every case that I have been involved with, the truth has had a magical way of finding its way to obtain the client justice. As Nelson Mandela puts it: "No amount of rules or their enforcement will defeat those who will fight with justice on their side."

Many clients understandably are extremely nervous about their cases. This is a completely natural phenomena since its not the average day when you find yourself involved in a lawsuit, only because the insurance company is trying to protect its coffers. To that end, the insurance company and their attorneys, fake doctors and experts will come up with the wildest theories to put the blame on you. So, their default position is to blame you.

On a recent case, the insurance company accepted 100% responsibility for their driver's accident in San Diego. 2 years later, when it was time for them to pay, they chose to reverse that decision. Now, they are blaming the client for the accident and saying that she not only did not get injured in the accident, even if she did, she is exaggerating all of her injuries, and somehow her attorneys (me) am complicit in her case.

This is a strategy insurance companies take repeatedly, with the main goal to tire the client out, and be able to get her to accept half justice for something he/she has never caused.

In my experience, the truth always has a magical way of sneaking its head out at some point in the process. The unfortunate part is, it's usually not until the time of trial when that could happen. Reason is because until then, you are dealing with an insurance adjuster-whose primary job is to protect the coffers of money and, an attorney who has been hired to create a "manipulated" version of the facts.

Generally, the insurance company and their attorneys are successful at doing that, until they have to put their manufactured and manipulated facts in front of 12 members of our community. And the best part is, most the time, although they are extremely professional at doing their jobs (i.e. manipulating facts), the truth does not stick its head out until the entire trial has been over and the case goes in the hands of the jury.

It's at that time, and only at that time, that the 12 members of the community realize what they had put the client through with their preposterous ideas, manipulated facts, fake doctors and experts, and unfortunately even going as far as making their own client not tell the truth under oath.

The truth has a magical way of finding its way to get you justice. Don't give up. Hang in there.

Thank you for reading my blog. I hope this helps you.

If you have any other questions, feel free to contact my office at 619-887-4148, send us a text message to 619-485-6313, send me an email at omid@rejalilawfirm.com or leave us a message here and we will get back to you.

Born to get you JUSTICE!

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The Importance of Visual Aids in Your Brain Injury Case

December 31st, 2020

By Omid Rejali, Esq.

Brain injuries can happen in a variety of ways. The number one way that you may get a brain injury is by a fall. Second to that is from a blow to the head. You may also get this type of injury as a result of a car wreck. The important thing to note with these types of injuries is that your head does not necessarily need to be impacted in anyway for you to get a head injury. You may get a head injury by the mere moving of your brain inside the skull as a result of a sudden stop in movement. Because these types of injuries are often "invisible," to be able to bring the injury to light, it is extremely crucial to use visual aids throughout your case. Here are a few way you can do that.

Use Diagrams

You or your attorney can use diagrams to show how your brain was impacted as a result of an injury. Lets discuss this in a typical scenario of a rear-end car collision. When you are rear-ended by a vehicle, the forces from the vehicle that hits you (the bullet vehicle) propel your body and your brain to move forward. If the forces are sufficient this can cause your brain to move forward in your skull. Assuming you did have a seat belt on, what happens next is your body moving backwards and either hitting the head rest or not. This movement, which is commonly referred to as a "coup/countercoup" (the forward and backward movement) casues your brain to move inside the skull and hit the inside parts of your skull.

Usually, this type of injury does not show up on any type of imaging. And so, it becomes extremely crucial to be able to show to a jury, or an insurance company representative how you have been injurued as a result of your collision by use of visual aids. We repeateadly use visual aids such as diagrams in our cases to prove our clients cases.

Use of Animation

Companies are now able to recreate what happened to you during your San Diego car accident by use of animation. These animation are a bit on the pricier side, but are a must if you want to be able to convince a jury or the insurance company of the mechanism of your injury (how the injury happened) and the extent of your injuries. We regularly use companies to assist our clients in showing their brain injuries.

Experts

Almost in every case where a brain injury is involved the defendants will try to use the bias that "since you can't see it it must have not happened" in their favor. Because of this it is extremely important in your brain injury case to employ experts who will be able to testify to how this injury came about.

The type of expert that you would want to hire for your case to explain how your brain injury happened, is a biomechanical and or accident reconstruction expert. These experts use their backgrounds in physics, biology and mechnanics to give their opinion based on the facts of your specific case to tell the jury or the insurance company representatives how your brain was injured in the incident.

Brain injuries are more common than you think and can have devastating, life long impacts on your health, well being and your ability to earn in the future. Do not under any circumstance take these injuries lightly and please make sure you have a reputable attorney on your side.

Thank you for reading my blog. I hope this helps you.

If you have any other questions, feel free to contact my office at 619-887-4148, send us a text message to 619-485-6313, send me an email at omid@rejalilawfirm.com or leave us a message here and we will get back to you.

Born to get you JUSTICE!

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What Should You Do if You Have Been Placed at Fault for a Car Accident in San Diego

December 25th, 2020

By Omid Rejali, Esq.

In my experience I have seen many cases where a party has been placed at fault without justification. Often at the scene of the collision, especially if there is no independent witness, the police officer goes off of what you and the other driver tells them to make a determination of fault. There are many other factors into determining who is at fault that the officers usually do not take into account. Here's what you should do immediately if you have reviewed the police report and, you believe you have been unjustifiably placed at fault.

1) File A Supplemental Explanation

If after review of the police report, you find that the police officer has made any mistake when he or she was writing down the information as you were providing it to him or her, you want to make sure that you correct any inconsistencies right away. You can do this by writing a letter to the California Highway Patrol or the agency involved and requesting that the information be attached to the police report.

2) Take Photos of The Entire Scene

This is extremely important. If you did not get a chance to take photos on the date of the collision, you want to go back and take those photos. Ideally, you want to take photos of the entire route you took that day. You want to take these photos as close as possible to the date of the collision to make sure the area is substantially same or similar as it was when the collision happened.

3) Do Not Provide Any Information to the At Fault Party's Insurance

You likely will get a phone call from the at fault party's insurance company to speak to you about how the incident took place. You do not want to speak with them. This is because any information you provide them will potentially be used against you. You have to remember, the insurance company for the at-fault party is not there to protect you, they want to protect their own insured. So, providing them any information would likely be used against you later on.

4) Get an Accident Reconstructionst Expert As Soon As Possible

Accident reconstructionist experts are usually engineers who have experience and training in recreating a collision. Having one on your side as early as possible can help you convince the third parties insurance, that even if a police officer put you at fault, based on the evidence that cannot be true.

One of the crucial pieces of information that they may be able to obtain right away from your vehicle is what they call the EDR (event data recording). This acts as the black box for your car and most vehicles these days are equipped with them. The EDR holds crucial evidence such as speed, braking, and steering wheel rotation that can assist your accident reconstruction expert in recreating the collision.

Even if you have been placed at fault for a collision, you may still be entitled to compensation for your injuries. However, you need to move quickly on these cases to make sure you preserve all of the evidence.

Thank you for reading my blog. I hope this helps you.

If you have any other questions, feel free to contact my office at 619-887-4148, send us a text message to 619-485-6313, send me an email at omid@rejalilawfirm.com or leave us a message here and we will get back to you.

Born to get you JUSTICE!

Rejali Law Firm

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