Personal & Catastrophic Injury
Our attorneys handle Personal Injury and Catastrophic Injury cases. Personal Injury cases, whether it be a minor injury from a car accident or a tragic wrongful death, are Torts that are handled through our Civil Court system which provides a forum for deciding disputes in Torts (negligence, accidents, fraud), and any other matter that involves private parties attempting to settle their dispute. Lawsuits can and do exhaust resources, whether financial or otherwise. Our attorneys provide realistic litigation solutions tailored to the requirements of the legal dispute. Very few cases actually get to trial because quite often resolution via settlement and agreement makes ultimate economic sense. But we believe all Civil disputes should be managed and prepared as if going to trial to avoid drawn out and wasteful litigation.
Typically, the defendants in personal injury cases are corporations or businesses defended by their insurance carrier, or an individual who has an insurance policy that provides a defense. Thus, almost all the time, victims of personal injury are going up against insurance companies. Insurance companies have more resources than the average injury victim, which makes for a tough road to navigate without a lawyer on your side.
Our Attorneys have been battling insurance carriers and their lawyers for years. Almost every HOA dispute we handle for our homeowners involve the HOA’s insurance carrier in defense and when we sue brokers and agents for real estate fraud, those lawsuits trigger insurance policies and those policies bring their attorneys to defend the policy. Thus, it’s rare for our consumer advocate attorneys to not be going up against an insurance company and their team of attorneys.
If you are faced with the need to prosecute a personal injury claim and file a lawsuit, the choices you make at the early stage of the litigation will shape the posture of the case, the lawsuit timeline and ultimately the trial. It starts with identifying the proper causes of action. Certain causes of action provide for certain remedies. The issues must be framed appropriately, the facts must be properly articulated and damages should be ascertainable and realistic.
It is important at the outset of litigation to identify those claims that are supportable and address the remedies you seek. Alleging frivolous claims or claims with little or no factual or legal support may subject those claims, or the entire lawsuit, to attacks on the pleadings such as demurrers, motions to dismiss, or motions to strike. We use the discovery process to aggressively seek and obtain the facts and evidence we will require at trial to prove your Case-in-Chief. Mr. Gholian has prosecuted civil tort claims, such as personal injury, business fraud claims and consumer fraud claims on both an individual and class wide basis. We prosecute personal injury claims on a contingency fee basis.
If you are a victim of personal injury, contact one of our personal injury attorneys today for a free consultation and case evaluation.