Personal Injury:
Your Case
Once we accept your case, we are working together. That means we are working as a team to prepare and present your claim for damages honestly, fearlessly and thoroughly.
From our experience specializing in representing injured persons, we know how important it is to provide each other with certain basic facts. This page of our website has been created to help both of us achieve that result.
There are two separate parts: Section 1 gives you information and answers to questions you may have concerning your case; Section 2 has a downloadable questionnaire, which gives us important information about you and should be filled out and returned to us promptly.
Section 1: What An Injured Person Should Know
One Picture is Worth a Thousand Words
If you were involved in an automobile accident, pictures should be taken of your car before it is repaired.
These pictures should include :
• views of the front, rear and both sides, whether damaged or not;
• any interior damage;
• whenever possible similar pictures should be taken of all other vehicles involved in your accident;
• any physical evidence at the scene of your accident, such as tire marks, broken glass, debris, etc., should be photographed as quickly as possible before this evidence disappears;
• the location of the accident should also be photographed from numerous angles;
• if your accident did not involve an automobile, then pictures should be taken showing the scene of the accident and the physical conditions that caused your injury;
• if your injuries result in any evidence that is visible, such as cuts, bruises, swelling, etc., these should be photographed in color;
• pictures should also be taken during the course of your treatment of any braces, collars, slings, casts, traction apparatus, or other appliances used for your care.
We need these pictures to prove by visible evidence to the insurance company (and if necessary, to the court and jury) the true facts as to how your accident happened and also the extent of your injuries. Photographs preserve what may otherwise be forever lost.
Save Other Evidence
• Save all clothing you were wearing and all personal effects which you were carrying at the time of your accident. These may be needed later to establish an essential part of your claim.
• Save all other objects which help to show how your accident happened.
• Also save all medical appliances worn or used by you during the course of your treatment.
Investigation
The backbone of any personal injury action is a thorough investigation. In order for us to be fully informed as to all the facts of your case, we will have an investigation made.
This will include such things as:
• contacting police departments and investigating officers,
• obtaining police accident reports,
• interviewing and taking statements from know witnesses,
• attempts to discover any other witnesses not known to you or the police,
• inspection, measuring and photographing streets, premises, tire marks, debris, car damage, your injuries, etc.,
• and any other evidence that helps prove liability, damages, or injuries.
We shall seek to avoid any unnecessary investigation expense.
Undercover Agents
The insurance company may employ undercover agents, both men and women, to investigate your background and your past and present health, physical condition and activities.
Without revealing their true identity, these agents may:
• talk to your friends, neighbors, employers, fellow employees, members of your own family and possibly even you;
• some of these agents carry hidden sound-recording machines which will record all conversations without your knowledge;
• they may also take moving pictures of your activities from time to time, using telescopic lenses from long distances away.
Please remember to tell us what these activities have been so that we can be as fully informed as the insurance company.
Don't Talk
It is natural for well-meaning friends and relatives to inquire about your case and for you to discuss it with them, but it is also a dangerous thing to do. Statements are easily misunderstood or repeated inaccurately. As explained elsewhere, the insurance company may have undercover agents talk to your friends and relatives who may repeat such erroneous information and hurt your case.
You should not talk to anyone about your accident or injuries without first consulting us. If you are in doubt, phone us for advice before discussing your case with anyone.
Don't Sign Your Name to Anything
You may be asked by an insurance adjuster or some other person to sign or initial:
• an accident report,
• a statement of how the accident happened,
• a consent to examine your medical and hospital records,
• a consent to have your doctor give a medical report,
• a report to your own insurance company,
• a report to the State,
• and various other papers or reports pertaining to your accident, or your injuries, and state of health.
YOU SHOULD NOT SIGN YOUR NAME TO ANYTHING WHATSOEVER, NO MATTER WHO REQUESTS IT, EVEN YOUR OWN INSURANCE COMPANY, WITHOUT FIRST CONSULTING US.
We wish to examine all papers and reports to determine whether they should be signed or not, and also to make copies for our records. Anything you sign, except to us, may someday be subpoenaed into court. Remember, your signature signed to an innocent-looking paper might ruin your case.
Other Benefits You May Be Entitled to Receive
When an accident happens you may be entitled to receive other benefits in addition to your claim for damages against the party whose negligence caused our injuries.
Medical Reimbursement Under Automobile Insurance Coverage
If you were injured while riding in your own automobile, you may have medical reimbursement coverage that will pay part or all of your medical and hospital expense.
Also, the medical reimbursement coverage on your own automobile may cover you and members of your family if injured while riding in another vehicle, or if struck by an automobile while a pedestrian.
If you were injured while riding in another automobile, the owner of that automobile may carry medical reimbursement insurance which will pay part or all of your medical and hospital expense.
Life Insurance
Many life insurance policies provide certain medical and hospital and disability benefits in case of accidental injury.
Health or Accident Insurance
Many health or accident policies provide medical, hospital and disability benefits.
Union Benefits
Many people belong to unions where policies exist which provide medical, hospital and disability benefits.
Group Insurance
If a person is employed it frequently happens that the employer carries a group insurance policy which provides certain medical, hospital and disability benefits to an injured employee or to his family.
State Disability Insurance
If a person is employed his employer must provide State disability insurance, whereby an employee who sustains injury off the job, which results in disability for work, is entitled to receive a disability payment each week for a certain number of weeks.
Workmen’s Compensation Benefits
If, while a person is on duty for his employer, he is injured by the negligence of a third party, then he is entitled to make two claims.
One claim is for damages against the third party and his insurance carrier.
The other claim is for workmen’s compensation benefits against his employer and compensation insurance carrier. Such benefits include payment of medical and hospital expenses and compensation payable each week while disabled from work. However, any benefits received under workmen’s compensation must be repaid to the workmen’s compensation insurance carrier out of any third party recover.
Installment Payments – House and Car
Some finance contracts now provide for waiver and payment of installments due on houses or automobiles when one is disabled from an accident.
Uninsured Defendant
Some automobile policies now provide that if you are injured by the negligence of one who carries no insurance, then your own insurance company will provide the benefits instead.
Multiple Coverage
If you are covered by more than one policy that furnishes medical, hospital or disability benefits, it is proper for you to collect under each policy in accordance with its terms, even though this results in you collecting the same expenses more than once. This is true because several premiums have been paid for the same benefit.
You should review all the above sources of possible additional benefits in your case and discuss them with us.
WE AGAIN REMIND YOU NOT TO SIGN ANY INSURANCE PAPERS OR FORMS TO ANY OF THESE COMPANIES WITHOUT FIRST SUBMITTING THEM TO US FOR EXAMINATION.
ALSO, DO NOT AUTHORIZE YOUR DOCTORS TO FILL OUT ANY FORMS OR TO SEND ANY REPORTS OR OTHER INFORMATION ABOUT YOU TO ANY OF THESE COMPANIES WITHOUT OUR KNOWLEDGE.
INSTEAD, REFER ALL SUCH FORMS OR REQUESTS TO US FOR ATTENTION.
AFTER REVIEWING THEM AND MAKING APPROPRIATE COPIES FOR OUR INFORMATION, WE WILL FORWARD THEM TO THE PROPER PARTIES.
YOUR DOCTOR’S RECORDS
Your Doctor's Records
More than any other single factor, the records of your doctor will be relied upon to verify and prove the injuries which you have suffered.
These records are important for several reasons:
• at a later date we shall probably want a comprehensive written medical report from your doctor to submit to the insurance company to prove the nature and extent of your injuries;
• also, if suit is filed, the other side may take your doctor’s deposition before trial,
• or he may be required to testify in court if your case goes to trial; at
• such times your doctor will be required to produce all of his records on our case and he probably will refer to these records to refresh his memory about your injuries and treatment.
The completeness and accuracy of your doctor’s records cannot be stressed too much. You can be of great help to your doctor, to us and to yourself by making certain that you furnish your doctor with ALL of the facts regarding your injuries and progress.
THE ADEQUACY OF YOUR AWARD FOR DAMAGES WILL BE REFLECTED BY THE COMPLETENESS AND TRUTHFULNESS OF THESE MEDICAL RECORDS.
Do your part ot help your doctor do the fine job he wants to do for you. We shall be in touch with your doctor from time to time regarding your progress.
Changing Doctors
If your case should go to trial, we may need to call as a witness, each doctor who has treated you. Doctors are busy professionals and must charge substantial fees for leaving their offices to come to Court. If a number of doctors must be called, the cost will be heavy. Also, some doctors are unwilling to come to Court. Therefore, you should not change doctors without first consulting us. Also, do not be examined by any other doctor for life, accident, auto, or any type of insurance, or for employment without first consulting us.
Save All Bills, Receipts and Cancelled Checks
When we negotiate for settlement, the insurance company frequently requests bills and receipts to verify the claims being made. Also, if your case should go to trial it will then be necessary to have bills and receipts to support these claims. Therefore, you should be careful to get itemized bills IN DUPLICATE, whether paid or not, for every expense caused by your accident. This includes such items as bills for doctors, hospitals, x-rays, nurses, ambulance, medicines, braces, automobile damage estimates and repair bill, household help and any other expense resulting from our injuries.
It is a good idea to use a cardboard box or large envelope or folder to keep all such bills, receipts and cancelled checks safely in one place until we ask you for them.
Don't Ignore Unpaid Medical Bills
After your accident you may find it difficult or impossible to pay all medical bills promptly.
If this should happen in your case, do not ignore these bills. Instead, contact your doctor and offer to sign a written order directing us, as your attorneys, to withhold the doctor’s bill from the settlement, when made, and to pay it directly to him. This does not change your duty to pay the doctor, and legally he is not required to accept such a written order or to extend credit until your case is settled.
However, our experience has been that most doctors are agreeable to this arrangement under such circumstances. Your doctor may have printed forms in this office for this purpose. If not, we shall be pleased to furnish them upon request.
When Will My Suit Be Filed?
In some cases the insurance company is willing to negotiate a satisfactory settlement without our filing suit. In other cases the insurance company will not offer a just settlement. Suit must then be filed. Also, in a case of extensive injuries it may be advisable to file suit promptly. This does not necessarily mean the case will go through trial. After suit is filed it usually takes a considerable time for the case to come to trial. Negotiations often take place during this period after suit is filed and before trial that result in a satisfactory settlement.
What Happens When My Suit Is Filed?
Although the party whose negligence caused your injuries is insured, it is not possible under the present law to name the insurance company as a defendant in your suit for damages. Instead, the suit must be brought against the negligent party. Their insurance company then hires an attorney to defend him and also pays any judgment rendered against the negligent party up to the limits of the policy.
We start your suit by filing a document called a “Complaint for Damages” with the County Clerk, who then issues a document called a “Summons”. We then serve a copy of the Complaint and Summons on the defendant, who forwards it to his insurance company. The insurance company then has its attorneys prepare an "Answer" to the complaint, which is served upon us and filed with the county Clerk. We then file a document with the Court requesting that your case be set for trial.
A considerable time then elapses while your case takes its turn with the other cases awaiting trial. During this interval there usually are depositions, interrogatories and defendant medical examinations, as explained elsewhere.
In due time, the Court sets your case for a pre-trial conference. At the pre-trial conference the attorneys appear before a judge and reach as much agreement as possible on the facts, the law and the pleadings so as to simplify and shorten the trial. At this time the attorneys are also encouraged to negotiate for settlement. At the pre-trial conference, or shortly thereafter, the Court sets the date when the trial will be held.
At the time of trial, if either side demands a jury, then it must be a jury trial. If neither side demands a jury, then the case will be tried by a judge without a jury. We will give you ample advance notice and thorough preparation before trial.
Depositions
During the waiting period after suit is filed and before trial, the other side may ask to take our deposition. This means that you come to our office and in our presence the opposing attorney asks you questions about the accident and your injuries, all of which will be taken down by a court reporter.
A few days before the deposition we will arrange an appointment to thoroughly review all features of your case with you and fully prepare you for the deposition. Ordinarily, we take the defendant’s deposition the same day that yours is taken.
Defendant Medican Examination
During the progress of your case, the other side may request that you be examined by a physician of their selection. Under the law, they are entitled to such an examination. At that time we will discuss the proposed examination with you and give you all necessary information.
Interrogatories
In addition to depositions, each attorney may submit written questions called “Interrogatories” for the other’s client to answer in writing. The information contained in your confidential report to us will assist in preparing answers to such interrogatories. If any “Interrogatories” are submitted by the other side, we will discuss them with you before answering.
Settlement
Our primary function is to obtain for you a fair and just recovery for the injuries and damages you have suffered as a result of this accident.
Most lawsuits are settled before going to trial. However, we must always be prepared and willing to go to trial in each case if that is necessary to obtain a just and adequate recovery. In fact, the best way to obtain a just settlement is to be ready and willing to proceed with trial if a proper settlement is not offered.
Settlement negotiations cannot be done hurriedly without doing harm to your case. Proper timing is very important. Justice is not always fast. Much depends upon the attitude of the insurance company with whom we must deal. It takes two to make an agreement or to reach a settlement. If the insurance company refuses to negotiate realistically and fairly for a just settlement, then we must wait for a change of attitude (which sometimes occurs) and at the same time be fully prepared to try our case in court.
Effective negotiation requires that we have faith and confidence in the merits of your case, courage to stand firmly for what is right, and patience in dealing with the other side. You will be informed of all important settlement developments which occur, and you may rest assured that no settlement will be made until after you have been consulted and have approved the same.
“What’s Happening On My Case?”
As times you will not hear from us for a while and you may wonder what is happening on your case. Please be assured your case will receive our careful attention and we shall attempt to prevent any unnecessary delays. We will keep you informed of all IMPORTANT developments, but we do not report minor details during the progress of your case. Failure to hear from us merely means there have been no MAJOR developments since our last communication. Some of the work being done on your case during the period when you do not hear from us is explained on other parts of this page.
Your Telephone Calls To Us
It is our desire to be available to you at all reasonable times for consultation and advice. However, we may not be available when you telephone due to our being engaged in trial, the taking of depositions, or other causes, and there may be a lapse of time before we can talk with you personally. In such event, if your matter is not something you wish to keep strictly confidential between you and your attorney, then please give your question or message to the receptionist or personal injury assistant. Our legal staff is highly trained in the personal injury field and can be very helpful until you have an opportunity to talk with us.
Change of Address
Notify us promptly of any change of address or telephone number. Also, if you plan to leave the City for more than a month, we should be advised before you leave.
Monthly Report — From You To Us
We are keenly interested in being kept informed of your condition. Any settlement or judgment secured for you will depend in large part upon our knowledge of your injuries, pain, suffering, inconvenience, disabilities, medical treatments, and expenses.
Some time may pass between now and the time we obtain a recovery for you, and your memory will not be as complete or accurate later as it is now while you are experiencing these things. At a later date, if your deposition is taken or if you are required to testify in Court, a complete record will be valuable to you and to us.
For these reason, we want you to send us a report at the end of each month including your current condition, treatments you have received, medical providers you have consulted, medical bills you have received for treatments, and any other pertinence information you have, or have received, regarding your case.
Suggestions if You Have to Testify
No need to be nervous.
Perhaps this is your first court appearance and, like most people, you are a bit apprehensive. This little memo is to explain a few things and make some easy suggestions to help you avoid being nervous and, also, that your testimony will receive its full and proper value.
Judges, jurors and attorneys are just plain, friendly folks, and the Court is simply interested in learning the facts. The judge will protect you from browbeating or other unfair tactics upon the part of cross-examining lawyers.
As a matter of fact, “browbeating”, finger-shaking, and the like are only on television or movie cases. In the courtroom lawyers generally are civil and courteous.
Just tell the truth
Of course, you will be sworn ain nd must tell the truth, and if you do, there is no way you can be tripped up or embarrassed on cross-examination.
Just answer questions. The attorneys – not you – are trying the case.
The most important thing for you to remember is ONLY ANSWER QUESTIONS.
Answer them one at a time and don’t go beyond the question. Trials are conducted by a question and answer procedure. The attorney is developing his case and will continue to ask questions to bring out the whole transaction or incident. Don’t volunteer information or get ahead of the question that has been asked. If you do, there will be objections, motions to strike, and the like. Also, the witness who volunteers something he isn’t asked gives the impression of taking sides and is usually a poor witness.
If you feel something important was overlooked, wait until you leave the stand or until the next recess and then speak to your attorney. If the attorney feels it necessary, he can recall you for further questions. To illustrate the foregoing, if the attorney should ask you a question such as, “Did you have a conversation with Mr. X about some particular matter?”, you must not take this as the cue to go ahead and state the conversation. Remember to answer only “Yes” or “No”. The conversation itself may or may not be material, or it may be that the attorney wants to ask other questions before getting to the conversation itself.
Be sure you understand
You should always be sure that you understand the question before attempting to answer, and should never hesitate to ask that a question be repeated or clarified if in doubt.
Tell Only Facts – Not Your Opinions or Arguments
Ordinarily the Court is only interested in facts, not the opinions, conclusions or arguments of the witness.
Here are some examples to illustrate the right and wrong ways of answering questions:
Question:
“What was said concerning the Buick automobile?”
Wrong form of answer:
“We agreed that Mr. Jones would pay the cost of repairing the Buick.”
Right form of answer:
“I said, ‘The accident was your fault and you should pay the cost of repairing the Buick,’ and Mr. Jones said, ‘It was my fault and I will be glad to pay whatever it costs you to get it fixed.’”
Avoid stating your own opinions and tell only the facts which you observed so that the Court may decide the ultimate issue of the case.
You Should Talk to Your Attorney Before Trial
It is perfectly proper and, in fact, in any case of importance, you should be interviewed before the trial by the attorney who calls you. An old trick on cross-examination is for opposing counsel to ask a witness: “Have you talked to anyone about this case?” Often witnesses, without thinking, are trapped into a false answer when they say they haven’t talked to anyone; whereas, in fact, the Judge, jury and everyone knows that they undoubtedly have been interviewed. If a witness has talked to the attorney, he should say so.
The purpose of the interview with the attorney is not to influence the testimony of the witness, but is to enable the attorney to properly present the material facts of the case to the Court in an orderly fashion.
Attorneys should be sufficiently familiar with what your testimony is to cover so that they will ask all the questions necessary in order to bring out everything material to the case. If the attorney is properly prepared, it should seldom be necessary for you, as a witness on the stand, to volunteer information or do anything more than concisely answer each question as it is asked.
It Is Proper to Refresh Your Memory From Previous Testimony
If you have previously testified concerning the same subject matter by way of deposition or in a preliminary hearing, you should refresh your memory by reading your former testimony. If you find there has been a mistake in your former testimony, of course you should freely admit the same; but there is nothing wrong about refreshing recollection to avoid discrepancies concerning minor matters which might be exaggerated to the disadvantage of a truthful witness.
You Have to Speak Up to Be Heard
You should keep in mind that you must be heard by the Court, jury and attorneys’ therefore, you should keep the volume of your voice up.
Courtesy and Good Manners
Be courteous. If you want your testimony to be accepted at its full value, remember to be courteous to opposing counsel on cross-examination even though you may feel an antagonism toward the attorney.
Appropriate dress should be considered. Preferably, gentlemen will wear a business suit, coat and tie, although conservative a sport shirt and jacket are permse, should not coissible. Women should dress as if for a business meeting or church, and of courme into the courtroom attired in shorts, slacks or Levis. It is also understood and not criticized if occasionally mechanics and others who are called in as witnesses might not have a chance to change and may appear in work clothes.
A few suggestions as to courtroom etiquette might be helpful. Courts are the institutions which give effect to our constitutional rights and liberties and the laws of the state and nation. Without such laws and the courts to make them effective, we would be completely uncivilized. It is, therefore, appropriate that courts should function in a dignified and somewhat formal manner; and, by their conduct, persons in the courtroom show and foster a feeling of respect for the laws and institutions of our state.
A few little things to remember along these lines are:
While court is in session, do not
• smoke,
• chew gum,
• eat candy,
• read newspapers,
• carry on whispered conversation,
• knit,
• text,
• talk on a cell phone,
• or indulge in similar conduct which shows a casual or disrespectful attitude.
Also, do not indicate by grimaces, shaking of the head, etc., reaction to a testimony of other witnesses.
In Conclusion, if You Are a Witness, Remember:
• Don’t be nervous.
• Tell the truth.
• Only answer the questions.
• Do not state opinions or arguments, only facts.
• Speak up so you can be heard.
• Be courteous. Dress correctly.
Section 2: Confidential Client
Personal Injury Questionnaire
Success in your case depends upon mutual confidence and complete cooperation between us. You should know that the defendant’s insurance company will make an investigation of you which will include your background and activities before and after this accident (see above). It is vital that we also have complete information about you. Your case can be ruined if damaging facts about you are sprung on us by surprise. This cannot happen if we know all the facts in advance.
Do not fail to answer each question fully even though it may be embarrassing, or you do not think it is important, or even though you cannot understand why it has anything to do with your case. Although the questionnaire may appear long and complicated, each question has some importance and should be answered in detail.
Your answers will be treated as strictly confidential. If you wish, the confidential client questionnaire will be returned to you at the conclusion of your case.
Please read the entire questionnaire before answering ANY questions.
Click HERE to download the questionnaire.
Print it out* and fill it in. If you need more room, attach extra sheets of paper and label the answers with the number of the question. If you have any questions, please call 805-643-6405 and our highly trained legal staff will help clear things up.
After completing the questionnaire, either drop it off at our office (see Directions Page) or send it through the mail: (Note: DO NOT send your questionnaire back to us through email, as it is not secure and may be read by others.)
DANIEL A. HIGSON
Law Offices of Orrock, Higson & Kurta
1835 Knoll Drive
Ventura, CA 93003
Hours: M-F: 8:30 – Noon, 1 – 5
Call: 805-642-6405
877-440-0400 Toll Free
805-642-4648 Fax
*The questionnaire should open once you have downloaded it and clicked on the icon, as most computers come with Adobe Acrobat Reader pre-installed. If you do not have Adobe Acrobat Reader, it is available free from Adobe. Click HERE to obtain your free copy.