Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
Good morning,I'm Doug, and I'm very sorry to hear of the situation. My goal is to provide you with excellent service today. I am a licensed CA attorney with 30+ years of experience in personal injury law. I handled more than 3000 PI cases in CA over a period of 2 decades and litigated several hundred cases in both Municipal court as well as Superior court.
This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. Let me know if you don't want a call and I can continue here with an answer.In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.1. What motion is scheduled for the 30th? Motion to compel attendance at the "defense" medical (I refuse to call it an IME as there is not a darned thing independent about them!)
2. Are the defense medical and the MSC scheduled for the same day?
3. Are you the attorney representing these clients?Thanks in advance,Doug
I received a notice that you were requesting a response from me. Do you want to work with Doug or myself?
I see Doug's questions and your answers. On the motion, fees won't be awarded because the parties went to the first exam and have agreed to it being reset. As I said previously, I think defense counsel just wants an order in case there is a no show at the next exam. or for some reason the exam doesn't take place before trial. So oppose the fee request aspect of the motion.
Give me a few minutes on the other issue
Are the plaintiffs fault fee - they were rear-ended? If fault free plaintiff, does CA allow joint liability between defendants or must liability be apportioned such that plaintiff can only collect a percentage of the damages from each defendant? I am just thinking about a way to settle with one defendant to pressure the other to settle.
Well my reading of CA law is that you can settle with D1 and get the settlement approved by the court as a "good faith" settlement and that this cuts off D2's right of contribution- so leaves D2 hanging a bit. D2 can offset the judgment by the settlement amount, but is then 100% liable for the balance of the judgment, regardless of comparative fault. Will your clients testify that they were hit twice? Will D1 testify that he saw D2 impact client's car first - forget amount "claiming", but do you have any testimony from D1? If you do a settlement with D1, have a condition that D1 will testify at trial, or better yet, try to get a perpetuation deposition from D1, so you have his testimony locked down before trial.