Personal Injury Law Roundtable: Trends and Updates

Personal injury law is one field in the legal profession most hope they won’t need but many do require at one time or another. When individuals are hurt in an accident, they may be coping with significant pain and facing substantial medical bills as well as time away from their jobs. People often don’t know the steps that they should take to protect their rights, let alone the latest trends and best practices in the realm of personal injury litigation.

To address these issues and concerns, as well as many other topics pertaining to our “new normal,” the Los Angeles Times B2B Publishing team turned to two uniquely knowledgeable experts for their thoughts and insights about the most important “need to know” issues and to get their assessments regarding the current state of personal injury legislation, the new rules of managing personal injury litigation, and how people and businesses should be handling claims, losses and accidents in 2022.

Q: What are the most meaningful recent changes to personal injury law and policy in California?

Albert Abkarian, Attorney at Law, Albert Abkarian & Associates: Some firms will have a more challenging time settling cases as they do not adequately prepare them. It is crucial to research and get constant updates on the recent changes in the field. The most recent change is the passage of Senate Bill 447. Historically, estates were not entitled to pain and suffering incurred by a deceased person between the period of their injuries and the time of their death. California was one of the few states that did not allow estates to recover non-economic damages until SB 447 was passed. SB 447 now allows estates to collect non-economic losses sustained by the deceased person before death.

Q: How has COVID-19 affected personal injury litigation? Are those changes temporary, or do you think they are here to stay?

Sahm Manouchehri, Partner, Century Park Law Group: The most impactful change due to COVID is people working from home. Fortunately, at Century Park Law Group, we are a paperless law firm with case management software that not only allowed us to go remote within 24 hours when the pandemic hit in 2020 but allowed us to remain partially virtual.

I think the work-from-home model is here for the foreseeable future, as we’ve learned that certain positions in the office and/or people with certain duties can work from home without negative effects. However, certain positions that are part of a team require working in the office.

For cases that are in litigation currently, COVID has changed things considerably in that people can now be deposed through video rather than having to do so in person. Similarly, court hearings are now most often done through video rather than in person as well. This is actually a huge plus to consumers in that it allows the attorneys to spend more time on their clients’ cases rather than commuting to and from court and the like.

Abkarian: The remote litigation, including remote depositions, mediation, and arbitrations after COVID has changed the entire litigation process in PI cases. I believe that these changes are permanent and will not change.

Q: As we move into 2022, what are the personal injury law hot button issues to be aware of?

Manouchehri: The hot button issues are Q: What are the most meaningful recent changes to personal injury law and policy in California?

Abkarian: Some firms will have a more challenging time settling cases as they do not adequately prepare them. It is crucial to research and get constant updates on the recent changes in the field. The most recent change is the passage of Senate Bill 447. Historically, estates were not entitled to pain and suffering incurred by a deceased person between the period of their injuries and the time of their death. California was one of the few states that did not allow estates to recover non-economic damages until SB 447 was passed. SB 447 now allows estates to collect non-economic losses sustained by the deceased person before death.

Q: How has COVID-19 affected personal injury litigation? Are those changes temporary, or do you think they are here to stay?

Manouchehri: The most impactful change due to COVID is people working from home. Fortunately, at Century Park Law Group, we are a paperless law firm with case management software that not only allowed us to go remote within 24 hours when the pandemic hit in 2020 but allowed us to remain partially virtual. I think the work-from-home model is here for the foreseeable future, as we’ve learned that certain positions in the office and/or people with certain duties can work from home without negative effects. However, certain positions that are part of a team require working in the office. For cases that are in litigation currently, COVID has changed things considerably in that people can now be deposed through video rather than having to do so in person. Similarly, court hearings are now most often done through video rather than in person as well. This is actually a huge plus to consumers in that it allows the attorneys to spend more time on their clients’ cases rather than commuting to and from court and the like.

Abkarian: The remote litigation, including remote depositions, mediation, and arbitrations after COVID has changed the entire litigation process in PI cases. I believe that these changes are permanent and will not change.

Q: As we move into 2022, what are the personal injury law hot button issues to be aware of?

Manouchehri: The hot button issues are rights by attempting to have new initiatives added to the November 2022 ballot. These initiatives are tailored to serve the best interests of large corporations and insurance companies whose sole goal is to maximize profits to the detriment of normal people. One such initiative is limiting consumers’ ability to hire an attorney by limiting attorney fees, which will severely limit the types of cases attorneys will take on. Therefore, the consumer is severely affected by the fact that they won’t be able to find a lawyer to represent them that will in turn allow the insurance company to take advantage of an unrepresented person. Always remember that personal injury attorneys exist because of the existence of insurance companies and their attempt to take advantage of the average person or consumer. As I always say, “Insurance companies are NOT in the business of helping people. They are in the business of making money.” They make money not only by collecting premiums every month but by low-balling injured people who are rightfully and legally entitled to monetary compensation due to the negligence of the insurance company’s insured.

Abkarian: I think uninsured motorist cases will increase due to employment issues and that people are not working. More people will opt not to buy insurance coverage, and as such, having uninsured motorist cases will be very important. Also, more people will use rideshare services, such as Uber and Lyft, increasing the accident rate for those providers.

Q: What’s the first thing someone should do if they have been injured in a traffic accident?

Manouchehri: Contact the police in order to document how the accident happened. This keeps the at-fault driver from making up a story once they talk to their insurance company. The best thing to do if the police don’t arrive in a timely manner is to record a video of the scene of the accident and attempt at-fault driver accept fault. It is hard to lie to a person’s face but easy to lie to the insurance thereafter. Simply take out your smartphone and state how the accident happened and have the at-fault driver confirm on the video that your version of events is accurate and have the at-fault driver accept liability. Again, it would be very hard for the average driver/ person to lie to the face of the other driver.

Abkarian: Take all the information from the parties involved and take as many pictures as possible. Also, contact our office to walk you through what you need to do at the scene of the accident.

Q: What’s the first thing someone should do if they have been injured on the job?

Abkarian: The first thing to do is notify your supervisor that you were injured on the job and contact your HR department. Also, you must visit a local emergency room, urgent care or primary physician to seek care and document your injuries.

Q: How common are personal injury scenarios in privately owned public spaces (restaurants, stores, event venues, theme parks, etc.) that lead to significant compensation? Any trends in that regard?

Manouchehri: Slip and fall cases are extremely common in public places as they are often improperly maintained, and the public often causes spills that they fail to inform management about. Irrespective of the public’s failure to give actual notice to the management, management itself has a duty to reasonably inspect the premises to ensure it is free and clear of all “dangerous conditions.” The most common dangerous condition is liquid spills. As to slip and falls leading to significant compensation, the severity of the injury dictates the amount of compensation the person is entitled to assuming that liability can be proven against the store. Obtaining an attorney as soon as possible after the incident is critical as the attorney needs to ensure that the evidence is preserved and inspected to prove liability in the first place. If an injured person takes too long to obtain legal representation, then there is a higher likelihood of the evidence necessary to prove liability being destroyed. Without evidence, there is no case. Remember, “the burden of proof is on the plaintiff.” This means that the plaintiff (i.e., plaintiff’s lawyer) has the burden of proving everything or the plaintiff loses.

Abkarian: Premises liability injuries, such as slip and falls, are widespread. We are seeing more and more landlords that are not meeting the minimum standards of maintaining the property in habitable condition or failing to remove a dangerous condition from the property. The most recent trends are mold cases and lack of lighting in the property.

Q: How does someone go about finding the right personal injury attorney for their particular situation?

Manouchehri: The best way is to ask for a referral from a knowledgeable person whose recommendation they trust. Hiring an experienced personal injury lawyer is critical. Many times a person simply relies on an internet search. However, there are more bad lawyers than there are good ones. If you don’t know anyone to refer a PI lawyer and decide to find one by random searching it, then I highly recommend obtaining consultations from at least three different law firms to try and gauge who is best. The consults should be free so you have nothing to lose in consulting with as many as you can. However, don’t delay hiring one longer than you have to, as it can significantly affect your case for numerous reasons. Those reasons are far too many to answer here.

Abkarian: Experience is key. You should hire an experienced attorney to represent you. Check the attorney’s background and disciplinary record with the State Bar and read reviews about their practice. Also, word of mouth is the most trustworthy resource. Be sure to ask around and get a referral from a former client who received outstanding service.

Q: What are some of the key elements of personal injury law in California that stand out when compared to other states?

Abkarian: Unlike no-fault jurisdictions that only allow recovery for medical bills, California allows compensatory damages for pain and suffering. As such, the tortfeasor or the party responsible for your injuries must pay for your medical bills, future care, pain and suffering, property damage, loss of earnings, loss of consortium, etc. Clients have the right to find a doctor that accepts personal injury liens and pay that provider at the end of the case when a settlement has been reached. This is important if you need immediate care and don’t have funds to pay for your care.

Manouchehri: Unfortunately, California auto insurance coverages are the lowest in all of the United States, with the minimum insurance only being $15,000 despite having the most cars on the road. Worse yet, California allows the first party insurance (i.e., the car insurance of your client) to get an offset from the third party’s car insurance when you seek compensation from the first party through underinsured motorist coverage. Most other states allow the two coverages to be “stacked” on top of one another. This is huge because often times it results in the injured party not being fully compensated for their injuries.

Q: In what ways has the practice of personal injury law changed over the past 10 years?

Abkarian: The settlements are much lower before a lawsuit is filed. Accordingly, we are litigating 70% more cases than we did ten years ago. An attorney who cares for their clients will never settle below the value of the case. Instead, it will pursue every avenue, including litigation, to zealously represent the client’s interests. If an attorney refuses to litigate a case, insurance companies will habitually make low offers in all future cases.

Manouchehri: An influx of inexperienced and novice injury lawyers have entered the field. This is extremely dangerous to injured plaintiffs because this is their sole opportunity to be made whole both medically and financially. Just as important in the attorney being knowledgeable is the law firm staff. At Century Park Law Group, we heavily train all of our staff in all aspects of a personal injury case. As the saying goes, “you’re only as strong as your weakest link.” For example, a novice attorney may not know how to preserve the requisite evidence to prove a client’s case. If the failure of the lawyer results in the client losing the case and/or not obtaining full compensation for their damages, then the client will be left having to pay all the medical expenses incurred rather than those bills being paid through the settlement proceeds.

Q: How long does it typically take to receive awarded personal injury payments in California?

Abkarian: It depends on whether the case is litigated or not. If the case settles in prelitigation, awards are generally awarded within six to eight months. However, if the case is litigated, it may take up to a year and a half.

Manouchehri: This is a very difficult question to answer because it all depends on the case. One thing that is constant in all cases that we handle at Century Park Law Group is that we don’t attempt to settle our clients’ cases until they have achieved full medical recovery. Many other law firms settle a case long before a person is done treating, which results not only in not obtaining full compensation but results in the client probably needing future treatment that they will have to come out of pocket for since the case already settled prior to the completion of treatment. At Century Park Law Group, we have two goals: 1) Full medical recovery; and 2) Full monetary compensation. Attempting to prematurely settle your clients’ cases results in both goals not being achieved.

Q: What keeps you up at night as a personal injury attorney?

Abkarian: Nothing is “just business” for us. Instead, everything is personal. I personally meet with every single case in our office, and I care about each case. I constantly research and reflect on the new technology that we can invest in to better assist our clients in representing their interests.

Manouchehri: We have numerous protocols in place ensuring that we timely file any government claims and timely file any lawsuits under the applicable Statute of Limitations. A better way of putting it is that our protocols allow me to sleep at night. At Century Park Law Group, we understand that each of our clients’ cases is their sole case. This is their one opportunity to be made whole both medically and financially. So we take the utmost care in ensuring that both goals are achieved. Most other law firms don’t take this approach. Sadly, they look at their clients’ cases just like the insurance companies do: as a number. Looking at your client’s case as a number is a successful business model for a law firm (as it is for insurance companies), but this is what separates Century Park Law Group from all other law firms. We’re fine with taking less of a profit if it means that our clients are made whole. We care more about our reputation and name than we do about our net profit.

Q: How does a law firm specializing in personal injury differentiate itself from the competition?

Abkarian: We rely heavily on recent verdicts, case outcomes, extensive research, and innovative investigative resources in handling our clients’ cases. We strive for outstanding case management of every single case, regardless of the nature of the client’s claim. After 30 years of practice and experience handling thousands of cases, we pride ourselves on getting most of our referrals from our former clients. It is crucial to mention that we represent injured people, and every client is important to us.

Manouchehri: Just as an injured person should obtain treatment from a specialized medical provider, they should obtain representation from a specialized injury lawyer. You wouldn’t see a cardiologist for a brain injury. So, you shouldn’t see a criminal defense lawyer for an injury accident. The reason is simple in that you want to ensure that you are obtaining the best representation possible from your attorney and that means being represented by one that has “practiced” that area of law exclusively. They call it “practicing law” for a reason. Also, the staff of the law firm are just as important as the handling attorney, since you shouldn’t expect your attorney to handle every aspect of your case. I don’t speak to a body shop about my client’s repairs as my time is better spent on other tasks. Accordingly, you should demand that your attorney’s office has highly trained attorneys AND staff. At Century Park Law Group, we demand excellence from all staff, be it an attorney or a legal assistant.