Many clients come to our office to discuss their potential medical negligence case and learn that they, or someone on their behalf have signed a binding arbitration agreement. Almost all feel that this somehow compromises their claim.

We assure them, depending on the facts of their case, that it’s not all bad and, in fact, may be a good thing.

A Brief History

Courts love arbitrations. It gets cases off their dockets, which saves the courts time and money. This is an especially good thing in these troubled economic times. The arbitration statutory scheme is set forth in Code of Civil Procedure §1280, et seq. There are numerous court cases upholding the validity of arbitrations, enforcement of arbitration agreements, and enforcement of arbitration awards. Arbitrations are here to stay.

One problem that has arisen with arbitrations is that, since they are adhesion contracts (you must sign or you don’t get the treatment), the healthcare provider who requires you to sign the contract has the money, manpower and volume of cases to manipulate the arbitration system to their advantage. (more…)

One of the most common questions asked of me by new clients is, “How much is my case worth?” It is a fair question, but one that an honest lawyer will refuse to answer at an initial client meeting. What I do tell the new client are the factors that go into the evaluation of a personal injury claim, but at the time of a first meeting there is not enough information available to give an opinion on value.

If the case involves, as is most common, an automobile accident, the insurance adjuster will take a careful look at the severity of the crash. If it is merely a fender-bender, then you can count on the fact that the offer will be dismally low. Insurance adjusters place great stock in how severe the crash looks in photographs.

Another important factor is the level of injury. The lowest compensable type of personal injury claim involves what are called “soft-tissue” injuries. These are injuries that involve muscle sprains and strains and not broken bones. If you have a minor damage traffic accident and soft-tissue injuries, your compensation will quite likely be extremely low.

If an accident results in broken bones, then the level of compensation will rise significantly, particularly if the broken bones result in surgery. If the fractures occur in the dominant hand, then compensation will be higher than the non-dominant hand. If the injuries are serious enough to require hospitalization, then again compensation will be increased substantially.

The most highly compensated types of injuries would include (more…)