At The Law Offices Of Stanley C. Franklin, we review each case extensively, no matter how big or small the accident. Every case that is presented to our office is given top priority and we work in both a prompt and competent manner. We start by identifying all potential defendants and all claims for injuries and damages against them, no matter how big or how small.
Know your rights – Protect them
Insurance companies generally withhold vital information from accident victims in an attempt to diminish the value of your claim. We immediately take over all communications with the insurance companies so you're not taken advantage of. By protecting your rights, we anticipate their defenses, build a strong foundation for your claim, and help you avoid the tactics used by insurance companies to devalue your claim.
Treatment of your Injuries
Injuries need attention. Whether it's physiotherapy or surgery, we help facilitate your medical care and set you up with the proper specialists to diagnose and treat your injuries. If you have health insurance, you will give us authorization to communicate directly with your medical providers. If you are unable to afford medical treatment, we help find a physician who can treat you on lien basis, which means you pay nothing up front, but they instead get paid out of the settlement proceeds upon conclusion of your case. The healing process takes time and it is important you apprise us of ALL your treatments. In turn, this will help us guide your rehabilitation every step of the way.
Upon conclusion of treatment, we obtain all of your medical records, loss of earnings records, out of pocket expenses and all other documentation supporting your claims. Once these “chess pieces” are in place, we are ready to present your case. These records will be organized into a detailed “demand package” which is a narrative presentation of your case to the at-fault insurance company and describes how we will argue the merits of the case to a jury. After the insurance company reviews this demand, they respond in the form of an acceptance, a counter offer, or a rejection – now the game is on! Our office will communicate with you during this negotiation and advise you the likelihood of a reasonable compromise based on your injuries and expectations prior to filing a lawsuit.
In California, you have 2 years from the date of loss to settle before filing a lawsuit. With our 40-year track record and excellent reputation among insurance companies, the majority of our cases settle in this pre-litigation stage. When your case does settle, you will sign a settlement release that officially finalizes everything with the insurance company. We will then distribute the settlement proceeds towards any outstanding medical bills, our contingency and yourself. We want you to be happy with your net amount and you will always have the final decision on whether to settle your case or to proceed into litigation.
Filing A Lawsuit
If we can't reach a settlement, or if the insurance company’s final offer is unreasonable, the next step is to file a lawsuit in a court of law. Although this process is time consuming and costly, it often yields positive results and garners higher settlement amounts. We will advise you on whether or not the risks/costs involved with filing suit are worth the reward. Again, you have ultimate say on how to proceed.
Although jury trials are rare, we prepare every case as though it will go before a jury from the start, keeping everything well documented and in good order. Should the case precipitate to this point, your deposition is an oral testimony under oath wherein you have an opportunity to tell your story and how the accident has affected your life. We also take the deposition of the at-fault person under oath to gather crucial information which will be used at further proceedings.
Pre-Trial Conflict Resolution
Many insurance companies are open to resolving your case through mediation or arbitration. At mediation, a neutral unbiased person sits with both parties and helps facilitate settlement. The mediator often explains the risks going forward, manages expectations, and makes settlement recommendations to each side. We work with fantastic neutrals who help advance your case and achieve good settlements. Arbitration is an alternative to trial, wherein a neutral arbitrator will hear your case and make a final judgment, rather than a 12 person jury inside a courtroom. The rules of the court apply, but it is a less formal and less costly proceeding.
Expert & Witness Designation
Perhaps the most important part of litigation is finding the proper people to prove your case. Whether the right person is a bio-mechanical engineer to reconstruct the collision, or a world-renowned orthopedic surgeon to explain your injuries, this stage requires gathering all the evidence and hiring these experts who will testify in support of your case. We work with the leading experts in every field with a deep knowledge of personal injury law.
Your case can potentially settle at any point along the process of litigation, as negotiations typically take place all along the way. However, this is the final step in getting you rightfully compensated for your injuries. Our experienced trial lawyers will present your case to a jury of your peers who will ultimately decide the amount of financial compensation they believe is fair after hearing your story, listening to all the experts, and seeing all the evidence.
The Stanley C. Franklin Law Firm represents clients in personal injury matters involving:
Brain Injury Cases
Defective Product Cases
Foster Family Abuse
Slips & Falls
Spine Injury Cases
Wrongful Death Cases