Law Offices of Samer Habbas http://www.habbaspilaw.com Orange County Personal Injury Attorney Tue, 21 May 2013 09:00:55 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 SHOULD I GIVE A RECORDED STATEMENT TO AN INSURANCE ADJUSTER? http://www.habbaspilaw.com/give-recorded-statement-insurance-adjuster/ http://www.habbaspilaw.com/give-recorded-statement-insurance-adjuster/#comments Tue, 21 May 2013 09:00:55 +0000 Samer http://www.habbaspilaw.com/?p=4323 ]]> Commonly, insurance adjusters request recorded statements from claimants.  Many times the request will be made prior to you obtaining legal representation.  We strongly advise against giving a recorded statement.  This is a tactic used by insurance companies to weaken your case.  The adjuster will not learn anything new through your statement.  The adjuster knows the facts of your case.  They know how the accident occurred.  They know the speeds of the vehicles.  They know the damages to each vehicle.  They have access to the police report or incident report involving your case.  They therefore have all the information they need to make a decision as to who is at fault in your case.  And if they don’t agree with you, it is highly doubtful that their opinion will change after they take your recorded statement.

The adjuster will tell you that the  recorded statement is necessary to settle your case.  This is false.  There is no requirement that you must give a recorded statement to a third party adjuster in order to obtain a settlement.

You may ask what harm may be done by giving a recorded statement.  First, it allows the insurance company to question you unrepresented in regards to your case.  The adjuster will ask you leading questions in which they will attempt to force you to make statements that decrease the value of your case.  Secondly, it is recorded, meaning that your voice will be heard by others.  Should you make an error in your statement, it will be nearly impossible to reverse the damaging effects.  Lastly, you must prepare your case as if it is going to trial.  Should the insurance company not make you a fair and reasonable offer, your case would be filed in Court as a lawsuit.   When this happens, the insurance company hires an attorney to represent them.  The attorney will set your deposition, where he/she will ask you in depth questioning about your case, including your background information, how the incident/accident occurred, and your injuries.  Should you give a recorded statement, the insurance company will use your recorded statement to look for inconsistencies with your deposition testimony.  Should they discover the slightest inconsistency between your recorded statement and deposition, your credibility will surely be questioned by the defense attorney at the time of trial.  Ultimately, this may reduce the value of your case.

So why risk it?  The risks of giving a recorded statement are many and the benefits are very little, if not none.

Should you be involved in a personal injury matter, contact the Law Offices of Samer Habbas.  Our aggressive approach with insurance companies will protect your rights to the fullest.

For a free consultation, call us at 888-848-5084.

]]> http://www.habbaspilaw.com/give-recorded-statement-insurance-adjuster/feed/ 0 Factors That Can Provoke an Aggressive Attack by Defense Counsel in Cases Involving Emotional and Mental Injury http://www.habbaspilaw.com/factors-provoke-aggressive-attack-defense-counsel-cases-involving-emotional-mental-injury/ http://www.habbaspilaw.com/factors-provoke-aggressive-attack-defense-counsel-cases-involving-emotional-mental-injury/#comments Tue, 26 Mar 2013 09:00:26 +0000 Samer http://www.habbaspilaw.com/?p=4317 ]]> Pursing personal injury claims that involve emotional and mental injuries and damages involves a long and complicated process. Litigating such claims opens the door for the defense counsel to pry into your personal life, which can be a painful process. Your Orange County personal injury lawyer will inform you with a detailed list of the consequences if you decide to litigate such a case.

In determining whether litigating a personal injury claim involving emotional and mental injuries will wreak havoc on your life, your lawyer will need to look at the details of your case. If any one of the following factors apply to your case, you may be susceptible to attack by the defense counsel:

  • No evidence that your mental injury existed prior to hiring an Orange County personal injury lawyer
  • Allegation of the mental injury destroying your marriage, even though your marriage was troubled prior to the incident
  • You are in the mental health field and appear psychologically sophisticated
  • Long period of gap between your accident and treatment for your mental injuries
  • You have a history of being fired by various employers
  • You are claiming sexual abuse or harassment but the defendant denies any sexual conduct
  • Evidence of a lifetime of mental issues with or without history of treatment
  • Evidence of overreaction to minor issues
  • You are a serial litigator
  • Evidence of psychological dysfunction in all aspects of your life
  • You have a background of legal issues
  • Your credibility may be called into issue
  • There are no other physical injuries besides the mental and emotional injuries.

Contact Us

If you or a loved one was involved in an accident which resulted in mental or emotional injuries, you need to contact an Orange County personal injury lawyer immediately. At the Law Offices of Samer Habbas, we will review the details of your case to determine what the best course of action is for you.

For a free consultation, call us at 888-848-5084.

]]> http://www.habbaspilaw.com/factors-provoke-aggressive-attack-defense-counsel-cases-involving-emotional-mental-injury/feed/ 0 Advice for Your Defense Medical Examination http://www.habbaspilaw.com/advice-defense-medical-examination/ http://www.habbaspilaw.com/advice-defense-medical-examination/#comments Tue, 19 Mar 2013 09:00:32 +0000 Samer http://www.habbaspilaw.com/?p=4315 ]]> A defense medical examination is a common part of personal injury litigation. The defense counsel will generally request this exam in order to have a physician of their choice give an expert opinion regarding your medical condition. However, in practice, the defense medical examination is typically a tactic used by the opposing counsel to get a doctor to discredit your injuries. Unfortunately, the doctor who conducts this exam is rarely independent and often shows glaring bias in favor of the defense. As such, it is essential that you consult with your Riverside personal injury lawyer before attending this exam.

In preparing your for your defense medical exam, your lawyer will provide you with the following advice:

  • The doctor may actually attempt to solicit information regarding the accident from you to provide to the defense. Therefore, it is important for you to be careful not to provide any additional information. If the doctor asks you questions regarding the specific events of the accident, tell him or her that your Riverside personal injury lawyer advised you not to discuss the facts of the accident.
  • You should be honest about your previous injuries. Chances are the defense already knows about them.
  • Only the doctor who was agreed upon by your Riverside personal injury lawyer should perform the examination. Do not let another doctor, even if they are in the same practice or group, conduct the medical exam.

Although it is unlikely that the defense medical examination report will be fair, with the right preparation, you can minimize damage to your case.

We Can Help You

If you or someone you love was involved in an accident, you should call the Law Offices Samer Habbas. Our Riverside personal injury lawyers will fight for your rights to get you the maximum compensation that you deserve for the injuries that you have suffered.

For a free consultation, call 888.848.5084. We also speak Spanish for your convenience.

]]> http://www.habbaspilaw.com/advice-defense-medical-examination/feed/ 0 Avoiding Emotions That Prevent Jurors From Voting For Plaintiffs in Personal Injury Lawsuits http://www.habbaspilaw.com/avoiding-emotions-prevent-jurors-voting-plaintiffs-personal-injury-lawsuits/ http://www.habbaspilaw.com/avoiding-emotions-prevent-jurors-voting-plaintiffs-personal-injury-lawsuits/#comments Thu, 14 Mar 2013 09:00:00 +0000 Samer http://www.habbaspilaw.com/?p=4316 ]]> There are certain emotions that experienced Los Angeles injury lawyers will not invoke when litigating personal injury lawsuits. Two of the most important emotions to avoid are sympathy and anger.

Sympathy Does Not Motivate Jurors

Sympathy is not an emotion that motivates the majority of jurors to take a stand for plaintiffs. In fact, one of the most important things courts highlight when instructing the jury in most cases is not to decide the case based on sympathy. This simple instruction may even give defense-oriented jurors the moral ammunition to actively oppose sympathy in the jury room.

An experienced Los Angeles injury lawyer is aware that invoking sympathy in a juror may ultimately become an obstacle to recovery and feed negative bias towards other juries. As such, good lawyers will steer clear of using this technique at trial.

Anger Does Not Motive Jurors

Although anger is a more powerful motivator for jurors than sympathy, it is an ineffective tool if used too early in trial or by itself.

In order for anger to be a successful tool to motivate jurors to vote for plaintiffs in a personal injury claim, they must experience the anger for themselves. This is nearly impossible to do in the early stages of a trial. A good Los Angeles injury lawyer will build his case until the jury starts to actually experience the anger on a subconscious level without being told do. Only then will this emotion motivate them to vote for the plaintiff.

Furthermore, in order for anger to motivate, it needs to be attached to a positive value, a value that a juror personally believes in and perceives to be worth fighting to protect.

Contact Us

If you or a loved one was seriously injured in an accident, you need to hire an experienced Los Angeles injury lawyer who can successfully get the outcome that you deserve.  At the Law Offices of Samer Habbas, we have the expertise and knowledge to use the tools that will get you the results you are seeking.

To schedule a free consultation with a Los Angeles injury lawyer, please call us at 888.848.5084.

]]> http://www.habbaspilaw.com/avoiding-emotions-prevent-jurors-voting-plaintiffs-personal-injury-lawsuits/feed/ 0 Adjuster Delay Tactics: Requesting More Documentation http://www.habbaspilaw.com/adjuster-delay-tactics-requesting-documentation/ http://www.habbaspilaw.com/adjuster-delay-tactics-requesting-documentation/#comments Mon, 11 Mar 2013 09:00:58 +0000 Samer http://www.habbaspilaw.com/?p=4311 ]]> An important reason you need to hire a Riverside injury lawyer is to avoid the various tactics insurance adjusters use to delay settling or paying out your personal injury claim.

More Documents Please

One of the most common delay tactics insurance adjusters use is the continuous request for additional documents to settle your claim. Chances are, the adjusters either already have the documents they are requesting or do not really need them to settle and pay out your claim.

If your Riverside injury lawyer has already provided all the necessary documents, such as medical bills, medical reports, lost wage information, but the adjuster is still continuing to make such unnecessary requests, your lawyer should demand an offer prior to providing the materials. If the adjuster refuses or fails to answer, your lawyer should reply that the requested documentation will be provided during discover after filing a lawsuit.

Documents From Prior Injuries

Another similar delay tactic is requesting documentation relating to medical problems five or ten years prior to your claim. This is a delay tactic because it will take your Riverside injury lawyer days or even weeks to prepare this information.

How your lawyer deals with these types of burdensome delay requests generally depends on the facts of your case. If you do not have a substantial medical history and no prior injuries to the area affected by the accident, your lawyer should simply provide the requested documents. This will provide the adjuster with no option but to settle your claim.

However, if you have had prior injuries to the affected area, it will enhance your credibility if your Riverside injury lawyer provides this information up front. This strategy will also allow the adjuster to make an informed decision and cease his or her delay tactics in settling your claim.

We Can Help

If you have suffered personal injuries and need to deal with an insurance company to get the just compensation that you deserve, it is imperative that you hire a Riverside injury lawyer to help you get your settlement as quickly as possible by avoiding delay tactics used by the adjusters.

For more information or to schedule a complimentary consultation with a Riverside injury lawyer, please call the Law Offices of Samer Habbas at (888) 848-5084.

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