that depends on the type of case. In a slip & fall you would want maintenance records, inspections, logs + safety policies for example. There are basic templates for discovery in each type of case but a good lawyer will then think about the case they are handling and draft specific requests tailored to the facts of that case
I was working out at a gym about a month ago and the cable snapped on me... instantly knock me out for a minute. I woke up to my watch dialing 911.. I couldn't move for about 10 mins. I was a bit confused and laid there.... after 20 mins I get up, and INSTANTLY I said this wasn't safe to use at all, and these people need to be HELDD ACCOUNTABLE.. snapped pictures, and everything. I left the gym super confused.. at this point probably have a concussion, and I called my lawyer and was like this happened, and we need to address whats next. The gym kept calling me the next day, because they watched the video to see how it broke , and seen me laying out so they kept calling to see if I was alive. I ignored them ,and my lawyer eventually took over.
Discovery is the exchange of documents as well as depositions of parties to the litigation & possibly non-parties as well. So the length can be short even a few months if its a simple case like a car accident with driver/owner vs. pedestrian. Discovery can take a long time if its a complex case against corporate defendants then discovery can take more than one year. So like many things with the law...it depends lol
What if they recommend surgery for torn labrum and torn tendon but you can't have it because of heart problems can you go ahead and settle how bad will that hurt your claim
You would have to present the case as a medical need for surgery which you cannot do bc of the heart condition. That has substantial value. It’s less than having surgery but still substantial. For example I settled a medical necessity for knee surgery case for $75,000 but a surgery would be worth $100,000 bc it was only a $100k insurance policy.
So my attorney ran into the problem the owner of the business won't send my information to his insurance adjustors until he physically sees my medical records. My attorney said I'm not handing over my clients personal medical records to stranger. He is not cooperating so now it's going to be a long drawn out court hearing.
Sorry to hear that. You can simply sign an authorization which would permit the insurance adjuster to obtain your medical records directly from your doctors. I dont know why the owner of the business (the defendant you are suing ?) would even be involved in the process. That is why he got insurance in the first place. He doesn't need to see your medical records. This is definitely a NEW issue havent heard of this one before.
@@AttorneyArkady he refuses to hand it over to his adjustor. My attorney went as far as contacting the owner of the actual property and they wouldn't give the information over at all either.
@Heather Rich yes insurance searches should tell you. Sending a letter to the owner saying send this to your insurance company. If they dont contact us within 30 days we will be forced to sue you. That works too :)
Yes of course. Actually insurance companies in new york have to inform you in writing even before you file a lawsuit. See insurance law 3420(f) but when you file a lawsuit insurance has to tell you the limits and we always ask for excess or umbrella Bc they hide that !! And it’s also important to send a demand letter early so they set reserves high. There’s a lot to it.
It could be a good thing if the defense lawyer was fired because of a mistake he made on your case. Otherwise it may be unrelated - people get fired sometimes
HOW LONG DOES THIS STAGE TAKE?!? WE DIDNT GO BEFORE A JUDGE OR ANYTHING LIKE YOU ARE SAYING. WE FINALLY FILED, HE GOT SERVED, AND NOW HERE WE ARE! SINCE APRIL NOW. MY ACCIDENT IS GOING ON 2 YEARS NEXT MONTH! I JUST FEEL LIKE THIS WHOLE THING IS TAKING SOOOOO LONG AND PUTTING MY LIFE IS SUCH FINANCIAL INCONVENIENCES IM SICK OF IT! ALREADY HAD TO DO A LOAN OFF OF MY SETTTLEMENT, LIKE IM TIRED OF ALL OF THIS! ARE THEY DRAGGING ASS OR DO THEY REALLY WANNA WIN HERE?!?!
Usually discovery is the longest phase. Can take even a few years. Because it includes exchange of all documents like medical records as well as depositions of all parties
@@Dayy1Vision it can be as quick as 3-4 months in a simple car crash case or if federal. Or as long as 1+ years if there is motion practice or many witnesses to depose.
I got a question on January 21-2023 I was injured in a premises liability case I hired an attorney two days after accident then 3 months later my case manager said the policy limits was 500k then about 3 months ago my case managers higher up called me to check up on my case see how my treatment was going and wanted to introduce her self exc agin said the policy limits were 500k and said given my Injuries there’s a good chance will get policy limits then I talk to them today and they say policy limit is 300k as of running it beginning of 2024 and I’m like you have been saying this entire time the policy limits were 500k then she goes on to tell me there was a problem with the m.I research company they use to find out policy limits and had to change to another company and rerun other cases is this normal? Or does this happen? I won’t get into all the medical treatment I’ve had but I’ve been under the impression we were looking at a 500k limit that they said will probably get given my injuries. I just don’t understand how I was told for over a year policy limit was 500k then 300k?? I figured that was something to get established early on??
If they used a research company that gave them bad info they could have given you the wrong limits. It’s best to tell clients based on what the defendants actual insurance company tells you
Is there a way for me to call the insurance of the defendant and find out the policy limits? If so, would it be wise for me to do so as far as I know my Lawyer hasn’t spoken with the insurance company as far as a letter telling them about the claim
@@AttorneyArkady Getting brain injured by egregious carelessness of professional tree guy has altered me, my life. But I am struggling even harder now. I feel like I was trapped, or manipulated into signing settlement agreement. The really hard part is that I do not know or understand what happened. Was my being brain injured used to my disadvantage? Will I ever know? Does anyone else see the irony that a person with a TBI is trying to navigate complex, intimidating & anxiety producing situation of a PI lawsuit? No help or protection with THIS disability. No special assistance. Like being blind but I dont get a cane or a dog or anyone to help. I feel so stupid that I believed the contingency fee arrangement would motivate lawyer to get best result for me. But I think I have been had. He earned 50k. And thats a good enough payday for him maybe. He didnt go to trial. Just 2 depositions. He consulted 1 expert. As recently as late Dec.he was taking my case to trial. ( trial had been postponed 3 times: in Aug. Then Nov. Then Jan/ Feb. The anticipation of trial, then delayed, had me very anxious. On edge for months. Then a big change from my lawyer during holidays. He took a settlement offer after brief spontaneous talk with me. He made the decision to take a relatively low amount. He said he thought I had told him to. (?) But it is all so wrong. I guess I needed a protector/advocate. Protecting me and my best interest in this lawsuit. And from my lawyer! I need to understand this better. It seems like I need to talk to another attorney. I feel so torn up inside. Like I am both the biggest loser and the biggest fool. Brain injury- I am not clear in my brain. But I am still responsible for making these big decisions that I am overwhelned by. I cant really express how awful this seems.
I am curious if you ever sleep? Or have you discovered cloning and there are several Arkady Frehkman's? I clearly enjoy learning from you. Because I am listening to you today, knowing I am accepting settlement and not going to trial. 🥸
@@AttorneyArkady Protect your brain! Traumatic brain injury has caused me so much fatigue. A tiredness that weighs me down- physically, mentally and emotionally. I still have high IQ but I cant accomplish sh*t. Its like my thinking can be an 8 cylinder engine, but linkage that connects the power to transmission is busted. I spin wheels...rarely get much traction. ARGH! I moved to rural Central FL....a peaceful place. Then got injured. I feel stuck in quicksand. Hope to get unstuck yet!
What documents would the plaintiffs attorney get about the defendant?
that depends on the type of case. In a slip & fall you would want maintenance records, inspections, logs + safety policies for example. There are basic templates for discovery in each type of case but a good lawyer will then think about the case they are handling and draft specific requests tailored to the facts of that case
Thank you sir. Let’s see a video on when it makes the most sense for an injury victim to submit his/her own demand vs hiring an attorney.
Sure. I have discussed this many times in past videos but happy to make another one :)
I was working out at a gym about a month ago and the cable snapped on me... instantly knock me out for a minute. I woke up to my watch dialing 911.. I couldn't move for about 10 mins. I was a bit confused and laid there.... after 20 mins I get up, and INSTANTLY I said this wasn't safe to use at all, and these people need to be HELDD ACCOUNTABLE.. snapped pictures, and everything. I left the gym super confused.. at this point probably have a concussion, and I called my lawyer and was like this happened, and we need to address whats next. The gym kept calling me the next day, because they watched the video to see how it broke , and seen me laying out so they kept calling to see if I was alive. I ignored them ,and my lawyer eventually took over.
That sounds like a possible TBI definitely do a full work up.
thank you
Thank you for watching
How long does this phase take?
Discovery is the exchange of documents as well as depositions of parties to the litigation & possibly non-parties as well. So the length can be short even a few months if its a simple case like a car accident with driver/owner vs. pedestrian. Discovery can take a long time if its a complex case against corporate defendants then discovery can take more than one year. So like many things with the law...it depends lol
Very helpful..us42 1983 act. Discovery in civil lawsuit 👌
Thanks !
Eeaeaeeqqeeq1qaq1@@AttorneyArkady
What if they recommend surgery for torn labrum and torn tendon but you can't have it because of heart problems can you go ahead and settle how bad will that hurt your claim
You would have to present the case as a medical need for surgery which you cannot do bc of the heart condition. That has substantial value. It’s less than having surgery but still substantial. For example I settled a medical necessity for knee surgery case for $75,000 but a surgery would be worth $100,000 bc it was only a $100k insurance policy.
Great info !!!
Thank you !!
So my attorney ran into the problem the owner of the business won't send my information to his insurance adjustors until he physically sees my medical records. My attorney said I'm not handing over my clients personal medical records to stranger. He is not cooperating so now it's going to be a long drawn out court hearing.
Sorry to hear that. You can simply sign an authorization which would permit the insurance adjuster to obtain your medical records directly from your doctors. I dont know why the owner of the business (the defendant you are suing ?) would even be involved in the process. That is why he got insurance in the first place. He doesn't need to see your medical records. This is definitely a NEW issue havent heard of this one before.
@@AttorneyArkady he refuses to hand it over to his adjustor. My attorney went as far as contacting the owner of the actual property and they wouldn't give the information over at all either.
Is there a way to fund out who the adjustor is without dealing with the owner
@Heather Rich yes insurance searches should tell you. Sending a letter to the owner saying send this to your insurance company. If they dont contact us within 30 days we will be forced to sue you. That works too :)
I heard ones to take the insurance company court they have to give their liability limits is that true.
Yes of course. Actually insurance companies in new york have to inform you in writing even before you file a lawsuit. See insurance law 3420(f) but when you file a lawsuit insurance has to tell you the limits and we always ask for excess or umbrella Bc they hide that !! And it’s also important to send a demand letter early so they set reserves high. There’s a lot to it.
Is it good or bad when a defense attorney is fired during your personal injury lawsuit case
It could be a good thing if the defense lawyer was fired because of a mistake he made on your case. Otherwise it may be unrelated - people get fired sometimes
HOW LONG DOES THIS STAGE TAKE?!? WE DIDNT GO BEFORE A JUDGE OR ANYTHING LIKE YOU ARE SAYING. WE FINALLY FILED, HE GOT SERVED, AND NOW HERE WE ARE! SINCE APRIL NOW. MY ACCIDENT IS GOING ON 2 YEARS NEXT MONTH! I JUST FEEL LIKE THIS WHOLE THING IS TAKING SOOOOO LONG AND PUTTING MY LIFE IS SUCH FINANCIAL INCONVENIENCES IM SICK OF IT! ALREADY HAD TO DO A LOAN OFF OF MY SETTTLEMENT, LIKE IM TIRED OF ALL OF THIS! ARE THEY DRAGGING ASS OR DO THEY REALLY WANNA WIN HERE?!?!
Usually discovery is the longest phase. Can take even a few years. Because it includes exchange of all documents like medical records as well as depositions of all parties
What happens next after discovery..is there a next video thanks
Hi. Yes. Here it is. th-cam.com/video/H-9Y_bC3fNM/w-d-xo.html
I’ll see if there is a playlist with all of them.
Great …thank you
Good or bad if adjuster has to go to higher management to negotiate case ?
Good bc they are trying to get more authority for more $$$
@@AttorneyArkady how long does this phase take?
@@Dayy1Vision it can be as quick as 3-4 months in a simple car crash case or if federal. Or as long as 1+ years if there is motion practice or many witnesses to depose.
I got a question on January 21-2023 I was injured in a premises liability case I hired an attorney two days after accident then 3 months later my case manager said the policy limits was 500k then about 3 months ago my case managers higher up called me to check up on my case see how my treatment was going and wanted to introduce her self exc agin said the policy limits were 500k and said given my Injuries there’s a good chance will get policy limits then I talk to them today and they say policy limit is 300k as of running it beginning of 2024 and I’m like you have been saying this entire time the policy limits were 500k then she goes on to tell me there was a problem with the m.I research company they use to find out policy limits and had to change to another company and rerun other cases is this normal? Or does this happen? I won’t get into all the medical treatment I’ve had but I’ve been under the impression we were looking at a 500k limit that they said will probably get given my injuries. I just don’t understand how I was told for over a year policy limit was 500k then 300k?? I figured that was something to get established early on??
If they used a research company that gave them bad info they could have given you the wrong limits. It’s best to tell clients based on what the defendants actual insurance company tells you
When does the Insurance have to disclose the limits to my attorney?
Is there a way for me to call the insurance of the defendant and find out the policy limits? If so, would it be wise for me to do so as far as I know my Lawyer hasn’t spoken with the insurance company as far as a letter telling them about the claim
Awesome, Awsome, Awsome! Thank you for explaining.
You're very welcome!
This comment does not apply to this attorney.
A final stage may be when client contacts the State Bar to file complaint.
They should NOT normally be part of the process. That is very rare when an attorney breaches an ethical duty to a client.
@@AttorneyArkady Getting brain injured by egregious carelessness of professional tree guy has altered me, my life.
But I am struggling even harder now.
I feel like I was trapped, or manipulated into signing settlement agreement. The really hard part is that I do not know or understand what happened. Was my being brain injured used to my disadvantage?
Will I ever know?
Does anyone else see the irony that a person with a TBI is trying to navigate complex, intimidating & anxiety producing situation of a PI lawsuit? No help or protection with THIS disability. No special assistance. Like being blind but I dont get a cane or a dog or anyone to help.
I feel so stupid that I believed the contingency fee arrangement would motivate lawyer to get best result for me.
But I think I have been had.
He earned 50k.
And thats a good enough payday for him maybe.
He didnt go to trial.
Just 2 depositions.
He consulted 1 expert. As recently as late Dec.he was taking my case to trial.
( trial had been postponed 3 times: in Aug. Then Nov. Then Jan/ Feb.
The anticipation of trial, then delayed, had me very anxious. On edge for months.
Then a big change from my lawyer during holidays.
He took a settlement offer after brief spontaneous talk with me.
He made the decision to take a relatively low amount.
He said he thought I had told him to. (?)
But it is all so wrong.
I guess I needed a protector/advocate. Protecting me and my best interest in this lawsuit. And from my lawyer!
I need to understand this better.
It seems like I need to talk to another attorney.
I feel so torn up inside. Like I am both the biggest loser and the biggest fool.
Brain injury- I am not clear in my brain.
But I am still responsible for making these big decisions that I am overwhelned by.
I cant really express how awful this seems.
I am curious if you ever sleep? Or have you discovered cloning and there are several Arkady Frehkman's? I clearly enjoy learning from you. Because I am listening to you today,
knowing I am accepting settlement and not going to trial. 🥸
haha yea i try to get 8 hours a night. Last few weeks I have been up late watching the Australian Open as I am a tennis fan :)
Haha. Yes need to sleep more
@@AttorneyArkady Protect your brain! Traumatic brain injury has caused me so much fatigue. A tiredness that weighs me down- physically, mentally and emotionally. I still have high IQ but I cant accomplish sh*t. Its like my thinking can be an 8 cylinder engine, but linkage that connects the power to transmission is busted. I spin wheels...rarely get much traction. ARGH!
I moved to rural Central FL....a peaceful place. Then got injured. I feel stuck in quicksand.
Hope to get unstuck yet!