What happens in a personal injury lawsuit?

January 30, 2019 | 10:42 am


At Chain | Cohn | Stiles, we meet with clients every day who have never been involved in a lawsuit. Simply, they don’t know what to expect, or how the legal process works. The truth is, lawsuits are exceptionally complicated and involved processes.

The good news is that the attorneys and staff at Chain | Cohn | Stiles have decades and decades of legal experience.

“Our job is to take the burden of worrying about the lawsuit off your shoulders,” said David Cohn, managing partner at Chain | Cohn | Stiles. “We want you and your family to focus on healing and leave the lawsuit to us. That being said, we want you to understand how the system works and how a lawsuit works through the legal system.”

Chain | Cohn | Stiles has compiled a thorough outline of a personal injury lawsuit, which we have reproduced below. For a more interactive learning experience, visit the website, chainlaw.com/steps-of-a-lawsuit.

 

Step 1: Contact a Personal Injury Attorney from Chain | Cohn | Stiles

Before anything, contact our team of Chain | Cohn | Stiles personal injury attorneys. Make sure you contact your attorney before you contact insurance companies or do any kind of negotiating with the Defendant. Once you have made contact with our law firm, your attorney will guide you on all the necessary information we need for successfully litigating a case against the defendant. During this initial gathering of information, your attorney will ask you to provide:

  • Medical records and bills
  • Records of loss of earnings and future loss of earnings
  • Police report (if there is one)
  • Insurance policy information and proof of coverage (if applicable)

In addition, your legal team, including a professional investigator employed by Chain | Cohn | Stiles, will gather more important pieces of information including:

  • Taking witness statements
  • Scene and other photographs
  • Gather data from the vehicles in auto accident cases
  • Obtain expert witnesses as necessary

 

Step 2: Pre-Lawsuit and Settlement Negotiations

After your attorney gathers all of the possible and necessary information so that we can fully evaluate your case, including all of your medical and billing records.  At this stage, you have either completed your medical care and treatment, or you’ve reached a point in your care and treatment where we can reasonably anticipate what your future medical needs may be. Once we have all of this information, we will schedule a meeting with you.  The purpose of the meeting is to formulate a settlement demand, or depending on your case, we may recommend filing a lawsuit before submitting a formal settlement demand.

A Settlement is an agreement that can sometimes be made between the Plaintiff and the Defendant without having to go to Trial, or before a lawsuit is filed. Once the settlement demand is drafted, it will be delivered, in the form of a letter from Chain | Cohn | Stiles, to the Defendant’s insurance company. A settlement can be negotiated and accepted by both parties or refused by one party or the other. If a settlement cannot be reached, your attorney will begin to draft a formal Complaint and submit it to the appropriate court.

 

Step 3: Complaints and Answers

Once the formal Complaint has been submitted to, and reviewed by, the appropriate court, the document will be Served to the Defendant. This formal service of papers will inform the Defendant that they are being Sued and of the reasons why. After the Defendant has been Served, they will have several weeks from the date the documents were officially given to them to Answer the Complaint, or file another responsive pleading, such as a Demurrer or Motion to Strike.

 

Step 4: Discovery

After the Defendant answers the complaint, the discovery process begins. During Discovery, information will be gathered and presented in a legal setting to both parties of the suit. Information gathered will include:

  • Interrogatories
  • A Request to Produce Documents
  • Deposition
  • A Request for Admission
  • A Defense Medical Examination

It is important to understand that the discovery process can last many months.  After a party makes a request for information, it generally takes 30 days or more before they will receive a response.  These timelines are dictated by the California Code of Civil Procedure, and every case must proceed in accordance with the code.

 

Step 5: Case Management Conference

An in-between step to your lawsuit is the Case Management Conference. The purpose of this conference is primarily to set a trial date.  Your attorney will attend this conference for you – you do not need to attend.  After a trial date is assigned by the judge, your attorney will send you a letter confirming the trial date. In Kern County, it is common for the Court to assign a trial date to occur approximately 18 months after the filing of the lawsuit.  This time period can vary though. In other counties, such as Los Angeles, it is not uncommon for a Court to assign a trial date 2 years or later from the date the lawsuit was filed.

 

Step 6: Alternative Dispute Resolution Procedures

Once Discovery and the Case Management Conference are complete, the court and parties to the lawsuit will likely engage in some form of Alternative Dispute Resolution Procedures. Different jurisdictions handle ADR differently. In Kern County, you are almost always ordered to attend a Mandatory Settlement Conference (MSC).  These are typically scheduled 30-days before the trial date. You are required to attend the MSC with your attorney.  At the MSC a Superior Court Judge will meet with your attorney and the defense attorney, and make an effort to settle your case (although the Judge does not have the power to make either side settle).

  • Arbitration
  • Mediation

Often times, cases will go to both mediation, and if the mediation is unsuccessful, the parties will still attend an MSC with the Court.

 

Step 7: Trial

If the Alternative Dispute Resolution Procedures fail to produce a settled case, then the lawsuit will go to Trial. During a trial you can expect a Jury to decide the case.  Once the jury is selected through Voir Dire, the parties have the opportunity to give Opening Statements, present their evidence in turn, and then give their Closing Arguments. Following the Closing Arguments, the Jury will Deliberates and returns to the courtroom to announce the Verdict.

———

If you or someone you know is injured in an accident, please call the attorneys at Chain | Cohn | Stiles at (661) 323-4000, or chat with us online at chainlaw.com.

Chain | Cohn | Stiles files elder neglect, wrongful death, fraud claim against Bakersfield senior rehab facilities

July 18, 2018 | 6:00 am


Chain | Cohn | Stiles has filed an elder abuse and neglect lawsuit against a Bakersfield senior rehabilitation center that resulted in the death of an 80-year-old man, longtime teacher, U.S. Army veteran, and husband of 57 years.

The elder abuse, elder neglect, wrongful death, and fraud complaint was filed by Chain | Cohn | Stiles on behalf of the widow of John Paul Owens, Carol Owens, against Brookdale Senior Living, Silvercrest Manor, and Wade Budney of “A Helping Hand Senior Care Services.”

The filing of the complaint was covered by KGET-17 News, which you can view by clicking here.

Paul Owens was born in 1937 in Oklahoma. His family moved to McFarland when he was 4 years old, and he graduated from McFarland High School. After school, he served in the U.S. Army, attaining the rank of sergeant, and worked as a paratrooper.

In 1960, Paul married Carol. He earned his teaching credential in 1962 and would teach for 38 years. He loved cross country running, and working with his hands.

Well into retirement, Paul began to suffer symptoms of Alzheimer’s disease. He took a fall at home in 2017 that required him to have surgery on his leg and hip. After, Paul was placed in Brookdale Senior Living for daily care.

“So he could walk again, take care of himself again, so he could go back home and live with his wife of 57 years, that was the goal,” Chain | Cohn | Stiles attorney Matt Clark told KGET News.

That didn’t happen. Paul developed large bed sores, pressure ulcers and received inadequate care. As an example, he was bathed just four times over a span of 35 days.

“Mr. Owens was continually denied the benefit of those interventions necessary to prevent the formation and progression of pressure ulcers,” according to the complaint.

Soon, Carol Owens was told Paul could no longer be housed at Brookdale, and needed to find another facility due to insurance issues. Brookdale contacted “A Helping Hand Senior Care Services,” ran by Wade Budney, to be discharged to Silvercrest.

“Budney puts [Owens] in his personal vehicle, this is a guy with two stage three pressure ulcers, a urinary catheter, a broken leg, hasn’t had rehab yet,” Clark told KGET.

Carol Owens added: “I was told if he wasn’t transferred that Wade would call and report me for elder abuse.”

The inadequate care continued at Silvercrest. Ultimately, the event prompted an investigation by the California Department of Public Health. The department found that Brookdale failed to prevent Paul Owens from developing ulcers, prematurely discharged him, and failed to safely discharge him to another facility.

Additionally, Budney falsely and misleadingly stated that Paul Owens would receive appropriate and adequate care at Silvercrest. He also concealed the fact that he would receive monetary compensation from Silvercrest.

Shortly after being admitted to Silvercrest, Paul Owens was taken to Bakersfield Memorial Hospital. He died shortly after in January 2018.

“The main reason I’m doing this is I don’t want other people to have to go through this with loved ones, that’s the whole goal,” Carol Owens told KGET News.

———

Chain | Cohn | Stiles wants to remind everyone of the importance of speaking up for those who cannot, our oldest, frailest and most vulnerable citizens. If you or someone you know experiences elder abuse or neglect, please contact our attorneys by calling (661) 323-4000, or visit the law firm’s specialized website focused on elder abuse at bakersfieldelderabuse.com.

———

MEDIA COVERAGE

Chain | Cohn | Stiles matches donation to MADD Kern County by mother of Tehachapi teenager who died after being struck, killed by DUI driver

August 23, 2017 | 8:44 am


The mother of Leslie Balderrama, a Tehachapi teenager who was struck and killed by a DUI driver in 2015, has donated $2,500 to Mothers Against Drunk Driving, Kern County, following the settlement of her wrongful death lawsuit.

Chain | Cohn | Stiles, the law firm that represented mother Denise Natividad, matched the donation. The terms of the settlement are confidential.

“When we became victims of a DUI crime, MADD Kern County became our advocate and worked hard to make sure we had a voice, and treated our family with compassion,” said Denise Natividad, mother of Leslie Balderrama. “We’re able to give back now and help another local family who unfortunately will have to deal with the aftermath of the actions of a drunk or drugged driver.”

Added Matt Clark, Chain | Cohn | Stiles attorney for the Natividad family:

“The crash that claimed the life of Leslie Baldarrama was incredibly tragic and 100 percent avoidable like all DUI crashes. Our law firm is honored to continue to help MADD Kern County, and it’s touching to know that Leslie’s family feels the same way.”

The $5,000 will go toward the fourth annual Bakersfield Walk Like MADD & MADD Dash, MADD Kern County’s annual event that raises funds to help innocent victims of local DUI crashes, raises awareness of the DUI epidemic in our community, and helps fund MADD Kern County programs, including the court advocate program that helped the Natividad family through the criminal trial. Chain | Cohn | Stiles is serving as a presenting sponsor for the event.

“Our wish is to get to a point where MADD Kern County’s services aren’t needed,” said Carla Pearson, victim services specialist with MADD Kern County. “Until then, we’re grateful for the support from Denise Natividad, which helps us continue to advocate for victims, and fight to end drunk and drugged driving in Kern County forever.”

The 2017 Bakersfield Walk Like MADD & MADD Dash will be held the morning of Sept. 23 at Park at River Walk. You can help by signing up to walk, run (free kid’s fun run, 5K or 10K), joining as a team captain, donating or volunteering. The family of Leslie Balderrama has formed a team, and will be in attendance. For more information, go to walklikemadd.org/bakersfield.

Since 2009, our community has seen at least 4,000 DUI arrests made each year, with 4,056 DUI arrests in 2016, according to the Kern County District Attorney’s Office. That’s more than 11 DUI arrests per day. Sadly, many impaired drivers weren’t stopped in time, and instead caused major damage to innocent lives.

———

If you or someone you know is injured in a crash at the fault of someone else, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website chainlaw.com.

———

MEDIA COVERAGE

PREVIOUS MEDIA COVERAGE

Fatal Hit-and-Run

Wrongful Death Lawsuit

Sentencing

Chain | Cohn | Stiles files lawsuit for family of woman killed in crash with Sheriff’s deputy

July 15, 2015 | 11:13 am


Chain | Cohn | Stiles has filed a wrongful death lawsuit on behalf of the family of 72-year-old Nancy Joyce Garrett, who was killed when a Kern County Sheriff’s Office patrol car operated by Deputy Nicholas Clerico struck and killed her.

The filing of the lawsuit is on the heels of the release of the California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) report regarding the crash that occurred on Sept. 28, 2014, at the intersection of North Chester Avenue and China Grade Loop in Oildale. The report finds Deputy Clerico at fault in the crash, and the CHP report recommended that a vehicular manslaughter charge be filed against the deputy.

Nancy was a friendly neighbor, a caregiver for our community, an active blogger, and the pillar of her family. She was a drug and alcohol counselor for the Kern County Mental Health Department, and also volunteered her time as a substance abuse counselor for STEPS, a local nonprofit that provides DUI awareness services. At the time of the crash, she was returning home from a Los Angeles Dodgers baseball game she attended with her family and friends.

Chain | Cohn | Stiles attorney Matt Clark was joined by Garrett’s grown children, Mark McGowan and Deborah Blanco, for press conference on July 9 to discuss the case, the 230-page MAIT report, and the lawsuit.

To view media coverage of the crash involving Garrett and Clerico and Chain | Cohn | Stiles representation of Garrett’s family, click here. To see media coverage following the press conference and filing of the lawsuit, view them below.

The unveiling of the MAIT report, the filing of the lawsuit by Chain | Cohn | Stiles and subsequent media coverage of the wrongful death case also comes in the midst of yet another tragic crash involving a Kern Count Sheriff’s deputy.

A 59-year-old motorcyclist Bakersfield man riding a motorcycle died Tuesday evening in Oildale when his motorcycle struck a patrol car driven by a deputy responding to an emergency call, according to local media reports. The crash is under investigation.

The crashes and lawsuits also come just a few years following another high-profile case represented by Chain | Cohn | Stiles involving a fatal crash with a Kern County Sheriff’s deputy.

On Dec. 16, 2011, Kern County sheriff’s deputy John Swearengin struck and killed Daniel Hiler, 24, and Chrystal Jolley, 30, as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. Chain | Cohn | Stiles sued the County of Kern on behalf of the families, and settled last year for $8.8 million.

In the lawsuit related to Nancy Garrett, her family and attorneys are asking for changes within the sheriff’s department in how deputies are trained properly throughout Bakersfield and other communities across Kern County.

———-

PRESS CONFERENCE MEDIA COVERAGE

LAWSUIT MEDIA COVERAGE

Witnesses in CCS wrongful death case file lawsuit for cell phone seizure

March 26, 2014 | 11:12 am


Another lawsuit has been filed related to our wrongful death case against local law enforcement.

Five witnesses to the May 2013 confrontation between law enforcement and David Silva have filed a lawsuit in federal court, according to The Bakersfield Californian, alleging they were unlawfully detained and law enforcement improperly seized their cell phones they used to record the in-custody death.

After the witnesses recorded the incident, Kern County Sheriff’s investigators “continued to harass, threaten, intimidate, pressure” the witnesses until they received the cellphones used to take video, they allege.

Seven deputies and two California Highway Patrol officers confronted Silva outside of Kern Medical Center. Deputies used baton strikes on Silva, restrained him, and a police canine was also used and bit Silva several times

After Silva was custody, he experienced trouble breathing and died soon after. The beating to Silva, according to CCS complaint, ultimately resulted in his death.

Chain | Cohn | Stiles filed a wrongful death lawsuit on behalf of the family of David Silva. And CCS Managing Partner David K. Cohn has spoken out against the officers’ alleged actions, too.

The case drew widespread media attention and concern throughout Kern County, the state and across the country. The New York Times and Los Angeles Times were among dozens of media outlets that covered the case.

Kern Sheriff Donny Youngblood asked the FBI to conduct a parallel investigation into the case after the incident. And the case in ongoing.