HOW WE WORK
STEP ONE: The Initial Consultation
If you have been injured, the first step is to meet with an attorney in order to
properly evaluate your case. During this initial meeting, it is very important that
you meet with a trained attorney (and not a paralegal or attorney assistant)
because the attorney can advise as to all the possible avenues available to you.
When you come into our office, you will meet directly with an attorney who will
collect all the necessary information and evaluate your case. If we decide to take
your case after the consultation, the attorney will start work immediately.
STEP TWO: Preserving Evidence
In California, the plaintiff or party making a claim, has the responsibility to prove
what occurred by a preponderance of evidence. This basically means that you
must have more proof than the defendant. As a result, as soon as we take your
case, we immediately move to preserve all evidence. This includes, among other
things, meeting with and recording witness statements, taking photographs of the
scene, and obtaining any surveillance videotapes.
STEP THREE: Treating and Documenting Your injuries
Because the single most important factor is for you to be treated for your injuries
we work closely with your doctors to make sure you receive outstanding medical
care. If you do not have medical insurance and require further treatment and
evaluation, we will have you treated by our network of exceptional doctors who will
provide you care on a lien basis. This means that they will be paid at the end of
your case. Once your treatment and/or evaluations are complete, we will have full
understanding of your injuries and will be able to start the negotiations process.
STEP FOUR: Negotiations with the Responsible Party or Their Insurance
Company
Once we have an accurate picture of your injuries, whether they are serious brain
injuries or simple soft tissue matters, we can then enter into negotiations with the
party that caused your injury. Because most people or companies have
insurance, we usually negotiate with their insurance company adjustors. Because
we have established long relationships with many of these adjustors we are able to
have more fruitful negotiations. At the end of this process we usually have some
kind of settlement offer to present to our client. At this point we meet with our
clients and discuss whether we should accept the offer or whether we should file a
lawsuit and proceed to court. Because the needs of each client is different, this is
an individualized decision that only the client can make.
STEP FIVE: Filing a Lawsuit Against the Responsible party.
If the negotiation process is not successful and our client has decided to file a
lawsuit, we aggressively pursue the case. Because it is a long and detailed
process, we guide our client though each step and routinely keep them informed
of any updates. The initial steps mainly involve information gathering, which is
termed discovery. Discovery includes written discovery, where you will be required
to answer questions and provide the opposing side documents, and depositions,
where you may be required to appear in person and be asked questions by the
opposing attorney. Once discovery is complete, there is normally a mediation
where the parties will have an opportunity to settle the case. If settlement is not
achieved at the mediation, the case continues to expert discovery and trial
preparation.
STEP SIX: The Trial of Your Case.
It must be noted that less than 5% of all cases go to trial. The reason is that trial
costs are so high and the results are so broad that most parties prefer to settle. In
practice, if the attorneys on both side are well trained they will be able to gauge
the merits of the case and settle for appropriate value well before trail. However,
should settlement not be reached, trial of your case will follow.
STEP ONE: The Initial Consultation
If you have been injured, the first step is to meet with an attorney in order to
properly evaluate your case. During this initial meeting, it is very important that
you meet with a trained attorney (and not a paralegal or attorney assistant)
because the attorney can advise as to all the possible avenues available to you.
When you come into our office, you will meet directly with an attorney who will
collect all the necessary information and evaluate your case. If we decide to take
your case after the consultation, the attorney will start work immediately.
STEP TWO: Preserving Evidence
In California, the plaintiff or party making a claim, has the responsibility to prove
what occurred by a preponderance of evidence. This basically means that you
must have more proof than the defendant. As a result, as soon as we take your
case, we immediately move to preserve all evidence. This includes, among other
things, meeting with and recording witness statements, taking photographs of the
scene, and obtaining any surveillance videotapes.
STEP THREE: Treating and Documenting Your injuries
Because the single most important factor is for you to be treated for your injuries
we work closely with your doctors to make sure you receive outstanding medical
care. If you do not have medical insurance and require further treatment and
evaluation, we will have you treated by our network of exceptional doctors who will
provide you care on a lien basis. This means that they will be paid at the end of
your case. Once your treatment and/or evaluations are complete, we will have full
understanding of your injuries and will be able to start the negotiations process.
STEP FOUR: Negotiations with the Responsible Party or Their Insurance
Company
Once we have an accurate picture of your injuries, whether they are serious brain
injuries or simple soft tissue matters, we can then enter into negotiations with the
party that caused your injury. Because most people or companies have
insurance, we usually negotiate with their insurance company adjustors. Because
we have established long relationships with many of these adjustors we are able to
have more fruitful negotiations. At the end of this process we usually have some
kind of settlement offer to present to our client. At this point we meet with our
clients and discuss whether we should accept the offer or whether we should file a
lawsuit and proceed to court. Because the needs of each client is different, this is
an individualized decision that only the client can make.
STEP FIVE: Filing a Lawsuit Against the Responsible party.
If the negotiation process is not successful and our client has decided to file a
lawsuit, we aggressively pursue the case. Because it is a long and detailed
process, we guide our client though each step and routinely keep them informed
of any updates. The initial steps mainly involve information gathering, which is
termed discovery. Discovery includes written discovery, where you will be required
to answer questions and provide the opposing side documents, and depositions,
where you may be required to appear in person and be asked questions by the
opposing attorney. Once discovery is complete, there is normally a mediation
where the parties will have an opportunity to settle the case. If settlement is not
achieved at the mediation, the case continues to expert discovery and trial
preparation.
STEP SIX: The Trial of Your Case.
It must be noted that less than 5% of all cases go to trial. The reason is that trial
costs are so high and the results are so broad that most parties prefer to settle. In
practice, if the attorneys on both side are well trained they will be able to gauge
the merits of the case and settle for appropriate value well before trail. However,
should settlement not be reached, trial of your case will follow.
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| The Law Offices of Benjamin Charchian & Associates is a law firm representing clients throughout all of California, including Los Angeles, Burbank, Beverly Hills, City of Industry, Claremont, Covina, Culver City, Gardena, Glendale, Glendora, Hawthorne, Hermosa Beach, Manhattan Beach, Marina Del Rey, Monterey Park, Hollywood, North Hollywood, Pacoima, Chattsworth, Northridge, Pacific Palisades, Pasadena, Reseda, San Dimas, Santa Clarita, Santa Monica, Sherman Oaks, Torrance, Universal City, Van Nuys, Whittier, Woodland Hills, Long Beach, Bakersfield, Fresno, Modesto, Oakland, Orange County, Riverside, San Bernardino, Sacramento, San Diego, San Francisco, San Jose, Santa Barbara, Ventura, Tujunga, Toluca Lake, La Canada, La Crescenta, Montrose, Studio City, Encino, West Los Angeles, Riverside, and Redding |
PERSONAL INJURY:
Automobile Accidents
Slip & Falls
Elder Abuse or Neglect
Prescription Drug Injuries
Workplace Injuries
Animal Attacks
Injured at a Public Place
Wrongful Death
OTHER AREAS:
Insurance Bad Faith
Bankruptcy
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