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Personal Injury and Civil
The Attorneys at Robert L. Miller and Associates represent seriously injured clients and their families in catastrophic personal injury in Southern California. We also handle civil and business litigation. Our personal injury lawyers represent real people with real problems caused by an injury or death. Our goals are simple: to protect the rights of injured victims and families, punish and deter offenders, and level the playing field with the vast resources of insurance companies.
Our Personal Injury Lawyers Appreciate The Significance Of Your Case
Focussed Attention On:
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- Trucking Litigation / Semi-Truck Crashes
- Personal Injury / Wrongful Death Litigation
- Motor Vehicle Accidents / Car Crashes
- Motorcycle Accidents
- Bicycle Accidents
- Dog Bites / Animal Attacks
We Offer our Clients:
- 24 Hour Emergency Service
- Free Initial Consultations
- Personal Care and Attention from Experienced Personal Injury Attorneys
- Contingency Fee Arrangements - "No Recovery. No Fee"
- Bilingual Attorneys and Staff Fluent in English and Spanish
- Prompt Responses to Question and Concerns
- Millions Recovered in Settlements and Verdicts for our Clients
Our litigation team effectively works to level the playing field with the vast resources of insurance companies by putting our experience and proven techniques to work, including early investigation, careful review of medical records, assisting and directing clients to appropriate, supporting medical providers, and thoroughly evaluating economic and emotional losses. For further information about how Robert L. Miller and Associates can help you, please contact us today.
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What should I do after an automobile accident? |
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| 2. |
Why should I talk to an attorney after an automobile accident that injures me or members of my family? |
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| 3. |
Should I do an investigation of the facts of the accident on my own? |
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| 4. |
How should I select a doctor to treat my injuries? |
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| 5. |
What are the typical issues that I will face in making a claim for my injuries? |
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| 6. |
What is a considered to be a "serious injury" warranting substantial compensation? |
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| 7. |
If I have sustained a "serious injury" as the result of misconduct what steps should I take to protect my legal rights? |
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| 8. |
How can I select an attorney experienced in "serious injury" claims? |
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| 9. |
As a person who has sustained a "serious injury" should I seek a consultation with a properly experienced attorney if I do not know of a particular act of misconduct? |
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| 10. |
What should I expect from my attorney concerning the medical facts and circumstances of my "serious injury"? |
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| 11. |
How does the selection of a properly qualified civil trial lawyer ultimately impact the settlement or financial recovery in my "serious injury" case? |
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| 1. |
What should I do after an automobile accident?
There are some steps that you should take as soon as possible after an automobile accident in order to protect your rights. These steps are particularly important if you or a passenger in your car has been injured
- Obtain the names, addresses and phone numbers of any witnesses.
- Report the accident immediately to the police and your insurance company.
- Cooperate with the police in preparing an accident report.
- Photograph the exterior and interior of the autos involved in the accident.
- See a physician if you are having any pain without delay.
- Get legal advice before filling out insurance documents or giving recorded statements to any insurance company or meeting with any insurance company representative.
- Photograph your injuries.
- Gather all automobile insurance policies in your household for evaluation by an attorney.
- Get legal advice before signing any check or document from any insurance company.
- Call Robert L. Miller and Associates for a free consultation if you do not have an experienced personal injury attorney.
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| 2. |
Why should I talk to an attorney after an automobile accident that injures me or members of my family?
You should talk to a lawyer and a law firm that has the experience, dedication and ability to maximize your compensation and minimize the frustration, delay and confusion that you will experience in making a claim for an injury.
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| 3. |
Should I do an investigation of the facts of the accident on my own?
In the absence of extraordinary circumstances it is not advisable to do an investigation of the facts of an automobile accident on your own. First, an experienced investigator knows the important steps to take and the best way to gather the needed information or proof. Second, your activities as an "investigator" will be characterized later by an insurance company adjustor or attorney as proof that you were determined to make a claim no matter how serious the injury turned out to be. Third, a professional investigator can testify effectively to interviews and other results of his efforts as a witness independent from you. Fourth, your energies immediately after an accident that results in an injury should properly be directed to other matters, such as seeking medical treatment.
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| 4. |
How should I select a doctor to treat my injuries?
There are many ways to select a doctor, but the primary goal in the selection process remains the sameÑto be treated by a competent physician who is genuinely interested in maximizing your physical and emotional recovery and is prepared to provide the necessary assistance to you in making any claims that prove necessary. The latter point is extremely important because some excellent treating doctors are not prepared to provide detailed reports or to give testimony about their treatment. A good starting point for medical care is your primary care physician or family doctor. He or she is usually very familiar with your state of health prior to the accident and can more easily recognize the nature and extent of the injuries caused by the accident. Often, your family doctor will make a referral to a specialist, such as an orthopedist (bone and joint) or neurologist (nerve). In making the referral your family doctor is usually knowledgeable about the qualifications of the available specialists and their willingness to provide care to accident victims. Another possibility is to consider the recommendation of an emergency room physician who has evaluated you immediately after your accident. Friends, relatives and neighbors are also good sources for good treating doctors. They may know firsthand an excellent physician who has helped them in the past. An experienced personal injury attorney has interacted with many of the doctors in your community over the years. He or she should be able to literally provide a list of conscientious physicians in various medical specialties for your consideration. After you retain an attorney it is wise to inform the attorney of any planned change in doctors because the attorney may be able to provide useful information about a doctor's competency to treat a particular condition.
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| 5. |
What are the typical issues that I will face in making a claim for my injuries?
A claim made against another driver or vehicle owner is called a tort claim. It is usually based upon the concept of carelessness or negligence although it can also be based upon an intentional or reckless act.
Lawyers know that the three categories of issues that typically arise in a tort claim after an automobile accident are the following:
- Liability
- Damages
- Insurance Coverage
Liability refers to the question of who is at fault and to what degree. This is a very important question or, more commonly, a series of questions. Did the other driver exceed the speed limit? Did you fail to stop at a stop sign? Were the brakes on the truck properly maintained? These are the kinds of questions that must be answered by solid proof. The insurance company defending your claim obviously wants to minimize or eliminate the fault of its driver and to maximize your fault.
Damages refers to the injuries or losses that were caused by the accident. You are only entitled to be compensated for those injuries and losses that were the result of the accident. This is where the detailed records and, if necessary, the testimony of your treating doctors become important. It is also the responsibility of your attorney to document the ways in which you and your family have been impacted, in the past and in the future, by your injuries.
Insurance coverage is frequently not as simple a determination as might be expected. Often there are disputes over which of several coverages is first in line. There are also efforts by the insurance company to deny or defeat coverage. And, where uninsured or underinsured motorist coverage (UM) is involved there are multiple issues that must be resolved to assure maximum financial recovery. The entire area of insurance coverage is virtually a minefield that is best not entered without a competent attorney.
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| 6. |
What is a considered to be a "serious injury" warranting substantial compensation?
It is difficult to define the boundaries of "serious injury", but it is generally recognized that certain injuries have a major impact upon the life of the victim that warrant substantial compensation when caused by misconduct.
- Some examples of injuries that would generally be included would be the following:
- Spinal cord injuries
- Head injuries
- Amputations
- Disfigurement (significant scarring or burns)
- Injuries requiring surgery
- Blindness
- Injuries that damage any of the major organs of the body
Another factor in considering the seriousness of an injury is the related impact upon the earnings and lifestyle of the victim. Any injury that causes a substantial loss of earnings or capacity to earn would certainly be termed "serious". Likewise, any injury that requires a victim to make major accommodations in his or her lifestyle would be included.
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| 7. |
If I have sustained a "serious injury" as the result of misconduct what steps should I take to protect my legal rights?
First, it is critical not to do anything that might adversely affect or prejudice your rights. No statements, written or recorded, should be given to adjusters or investigators. No signed authorizations permitting the insurance companies of the wrongdoers to have access to your medical providers or records should be provided.
Second, at the earliest possible time, consultation with an attorney experienced in "serious injury" claims should be sought. This consultation is usually free of charge and can be accomplished at your home, a hospital, or any other convenient location.
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| 8. |
How can I select an attorney experienced in "serious injury" claims?
In each community there are attorneys and law firms recognized as competent to properly present and, ultimately litigate if necessary, serious injury claims. These attorneys are generally Board Certified Civil Trial Lawyers who have demonstrated the unique skills necessary to accomplish the substantial financial recoveries warranted. They also belong to both state and national organizations for the attorneys specialized in the representation of seriously injured persons. This would include the Association of Trial Lawyers of America, for example. Other attorneys are often able to make a referral to a properly qualified trial lawyer. Friends and relatives are sometimes able to do the same. You may already have some awareness of a potential attorney because of his or her high profile in the community.
The most important step occurs when you first meet with the potential attorney. You should inquire about qualifications and experience with serious injury matters. You should ask about board certification. You should discuss the knowledge of the attorney about the particular injuries involved. Additionally, you should explore the experience of the attorney or his firm in the type of liability claim that would be involved. As an illustration, it would be important to know whether or not the attorney had handled claims against drug manufacturers if your injuries resulted from a dangerously defective drug.
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| 9. |
As a person who has sustained a "serious injury" should I seek a consultation with a properly experienced attorney if I do not know of a particular act of misconduct?
There are benefits to obtaining an initial consultation with a properly experienced attorney even in situations where there is no immediately obvious act of misconduct. Attorneys who specialize in claims based on serious injuries generally keep abreast of the literature and reports of product defects, new areas of medical malpractice, ongoing or contemplated class action lawsuits, developing legal precedents and theories, and the scientific community's contributions to personal injury law. As a result, it is possible that the attorney would have an awareness of a legal avenue to a financial recovery that is not generally known to the public.
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| 10. |
What should I expect from my attorney concerning the medical facts and circumstances of my "serious injury"?
Your attorney should monitor and understand the medical diagnosis and treatment of your injury. He or she should gather the relevant records and medical information in order to fully understand the nature and extent of your injuries. This may require medical research or consultation with outside medical experts. It may also require conferences with you to discuss ongoing and future treatment. While it is not the role of your attorney to chart or determine your medical care, there is an obvious need to be intimately aware of the care and its impact upon your life. You will also gain from the interaction with your attorney on medical matters because you will be more fully informed on the content of your records and your medical options.
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| 11. |
How does the selection of a properly qualified civil trial lawyer ultimately impact the settlement or financial recovery in my "serious injury" case?
It is generally recognized that insurance companies and defense attorneys in their consideration of a claim consider the skill and expertise of legal representation. This is particularly true when "serious injuries" are involved. Knowing that a full and convincing presentation of the past and future damages of the victim will be ultimately made has an impact upon the evaluation of a claim.
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