What an Experienced California Child (Kid) Injury Lawyer Can Do | Part 2

Many people in California simply do not know what an experienced California child injury attorney can do with their child’s injury case. The following is a list of the types of legal services that a good lawyer may be able to successful provide for your California child’s injury case:

␣Arrange and advance funds for the personal service of the summons and complaint on the defendant as required by California law;

Prepare, review, and draft written questions to elicit information from the other side (called interrogatories and requests for production) for the discovery phase of your injured child’s California case;

Prepare the parents and/or child for any necessary defense deposition;

Prepare for and conduct the deposition of the defendant and other lay witnesses on behalf of the minor child’s injury case;

Adequately protect the minor child’s interest during any defense deposition or direct examination at trial, including any court ordered protective orders;

Plan for and/or meet the child’s teachers to assist in understanding the adverse effects of the child’s injuries and the need for educational resources or other special needs;

Meet with each of the child’s physicians to prepare for their own depositions when requested by the defense attorney;

Prepare and advance funds for the deposition of the defendant’s experts, including medical experts and the like;

Prepare the parents and child for the child’s medical examination (Independent Medical Exam, IME) by the defendant’s medical experts. (See my video on IMEs under my video center on my Web site, www.blanelaw.com, for more details about why this is called by the defense);

Assist with drafting answers and questions and produce information and records requested by the defense;

Review and analyze the child’s medical records and billings to make sure there are no issues;

Advance funds to hire other necessary experts to support or prove the injured child’s California bodily injury claim, including other physicians, economists, engineers, vocational experts, etc.

Review, object to, and analyze expert reports about the child’s injury case, including those addressing liability, injuries, and damages;

File the necessary documents in the California Superior Court, as required by the judge and local court rules (including witness lists, trial readiness, trial notebook, and settlement conferences);

Prepare the parents, child, and other witnesses for trial; mediation, or arbitration;

Create, organize, and prepare exhibits for the trial (i.e., mediation or arbitration);

Organize and file records and other documentary evidence intended to be introduced at trial (i.e., mediation or arbitration);

Schedule and prepare for mediation and/or arbitration by organizing records and other documents for submission to the mediator or arbitrator;

Research and write briefs and file motions to keep out or let in certain evidence at trial; (i.e., mediation or arbitration);

Advance funds for and perform or participate in mock trials or focus groups to prepare for trial (i.e., mediation or arbitration);

Try the case in California Superior Court (over the course of several days) before a judge, jury, or arbitrator;

Analyze and review any verdict, and research any issues that occurred at trial or during arbitration;

Research and write any necessary legal briefs or motions following the verdict to obtain post-trial relief, including motions for attorney fees or to overturn the verdict;

Analyze and review the trial record to determine whether appeal is warranted;

Analyze, research, and write briefs (and any and all necessary legal motions) if appeal is filed;

Prepare letter responses to argue and negotiate down any and all subrogation claims asserted by child’s insurance company (health or otherwise), or any and all governmental agencies that provided medical benefits to the child;

Review, analyze, and respond to any and all GAL-drafted report(s) regarding recommendation to approve or reject the child’s injury settlement amount;

Draft, prepare, and file the petition asking the court to approve the minor child’s settlement;

Attend, protect, and argue the court hearing regarding the approval of the minor child’s settlement amount;

Create and establish California blocked minor account(s) for the injured child. Personally go down to the financial institution to make sure the blocked account for the minor child is opened correctly and expeditiously;

Provide the financial institution with any and all information, including the court order, to open a California blocked account for a minor child;

Contact furnisher of annuity contract plan, review the benefits, and provide all necessary information to conclude the purchase of annuity for the injured child;

Review, advise, and complete all necessary paperwork, release forms, disclosure statements, etc., regarding the annuity purchase and deposit of funds into said annuity contract plan;

Review, draft, advise on, and complete all necessary paperwork, release forms, disclosure statements, etc., regarding the creation of a trust account for benefit of the injured California child, and address any and all special needs of the injured child;

Draft, obtain correct banking institution signatures for, finalize, and file in court the appropriate written proof or receipts showing the creation of the California blocked account, annuity purchase, or managed trust account for the benefit of the injured child;

The above items make up the general list of the various legal tasks that a California child injury lawyer may need to complete in any given child injury claim or filed case. There may be other legal tasks, depending on the facts of the injury case and the injured child’s special needs. The list I’ve just provided will, at the very least, give the reader some idea of the scope of legal work that may be necessary to successfully pursue and conclude a legal claim on behalf of an injured child in the state of California.

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.