California Child Injury Attorney Mark C. Blane’s Legal Representation Process
All injured child clients receive a free and private consultation with me directly by and through their parent(s) or legal guardian. Each side “interviews” the other to ensure a good fit for representation; questions are asked, answers are provided, and the process is fully explained to the client. If I decide to accept a case, it is done under a written contingency fee, which means I only get paid a fee for my legal services if there is a successful outcome.
After the signed retainer agreement is completed, the following process transpires:
␣The client’s injury case is undertaken, and a team of paralegals is assigned to the specific case. The team (legal team) and I will be the client’s main contacts from that point forward. I personally supervise all legal work and keep the client informed of anything of legal significance on their case. The client will have my personal cell phone number, office number, fax number, and e-mail address. The client is allowed to contact any day and time;
␣ The legal team is assembled to investigate and build evidence to support the allegations in your child’s injury case. Evidence includes survey reports from state licensing agencies if it is a daycare center abuse case. In all injury cases we order the child’s medical records and other official documentation, and we interview any and all witnesses;
␣ A settlement demand is typically drafted and presented to the at-fault party’s insurance offering to resolve the claim without the necessity of litigation. This is usually done after any and all medical care is completed. Clients should always be part of every settlement discussion.
␣ If a settlement is not reached, a lawsuit is filed against the responsible parties only after my clients are informed of all options (and they agree with my stance);
␣Additional evidence is gathered in a process known as discovery as my law office prepares for trial;
␣Mediation is likely to occur between the client and the insurance carrier of the at-fault party in hopes of resolution without the need for trial. Each side will be represented with attorneys. Sometimes a case may proceed to an agreed arbitration, which is just like a trial, except there is no jury. If this happens or becomes an option on the case, I will discuss it with my client;
␣If mediation or arbitration fails, the case progresses to a possible settlement conference just prior to trial—and, if that fails, the case moves on to a jury trial in the California Superior Court.
Mark C. Blane is a San Diego Child Injury/Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Office dedicated to representing families of minor children injured due to the negligence of others. If you or a loved one, who is a minor child, has been injured or killed in a child accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in a California accident. Also, you can check out Mr. Blane's book on California child injuries called Justice for the Injured Child available for sale; this book has become a California parent's legal survival guide to their child's California accident case.