Three Different Accidents in San Diego, California
The attorney handling your injury claims can make all the difference as to the overall outcome of your case. Morris Chichyan is the founder of Chichyan Law APC, a law office dedicated to serving personal injury victims. Mr. Chichyan is licensed to practice law in the states of Nevada and California and has recovered millions of dollars for clients all throughout the state of California.
Mr. Chichyan handles claims in pre-litigation (before a lawsuit is filed) and in litigation (after a lawsuit is filed). Litigation is the process that takes place after a lawsuit is filed. Litigation can include written discovery (questions and answers), depositions, examinations by the insurance company’s doctor or doctors, and other significant events in a case leading up to a trial.
Most cases resolve before any trial takes place.However, not all claims resolve for proper value before a lawsuit is filed, your attorney needs to be prepared to litigate a case and potentially take a case to trial. Generally, an injury victim can be entitled to past medical bills, the need for future medical care, past lost income, lost earning capacity (the ability to earn income in the future), and pain and suffering. Insurance companies are known to hold out on properly compensating a personal injury victim until they have a reason to do so. Here are three actual examples of cases that had to be litigated, before the insurance company properly compensated the injured party:
(1) On January 15, 2023
a passenger was being driven home on the Interstate-805, after birthday celebrations, when another driver rear-ended them and forced them into the hilly freeway embankment. Not only was that vehicle totaled, but the passenger also suffered injuries. That passenger sought immediate medical care and needed continuous care to recover from her injuries. In response to a pre-litigation demand, the insurance company only offered $12,000.00 and refused to pay a dollar more. This amount barely covered her medical bills and ignored how her life had been impacted as a result of being pushed off the 805 and into an embankment. This case had to be filed. After a lawsuit was formally filed, and litigation was initiated, the responsible insurance company paid $30,000.00, which was the applicable policy limit (the maximum amount available from the insurance company). This case settled in June of 2023, only six months after the collision. Only after a lawsuit was filed, was the passenger able to walk away with a settlement for the maximum insurance amount available.
(2) On September 7, 2022
A driver came to complete stop on Rancho Penasquitos Boulevard in San Diego, California. He was suddenly, and forcefully, rear-ended by another driver. While the physical damage to his car was minimal, the impact was great. At the moment of impact, the driver suffered whiplash and required chiropractic, orthopedic, and neurological care. In response to a demand for the policy limits, the insurance company for the responsible driver offered $14,939 and argued that the impact was “minor.” The applicable policy for the responsible driver was $50,000.00 per person. After the insurance company recognized the case was entering litigation, they paid out the applicable policy limit of January 23, 2023 – a little over four months after the accident. Again, the responsible insurance company only paid out when they had to.
(3) In September of 2022
Our client was driving his wife home when he was rear-ended on Mira Mesa Boulevard. The insurance company for the responsible driver claimed the driver made a “sudden lane change” and caused the collision. In other words, the insurance company denied liability . . . for a rear-end accident. Only after a lawsuit was filed, and litigation began, did the insurance company accept liability (fault) and pay out their applicable policy limit.
These three examples are ordinary in the world of personal injury claims. Insurance companies do not have to compensate personal injury victims until an attorney can fight the good fight, usually through litigation, and have the plaintiff (personal injury victim) properly compensated. Mr. Chichyan has successfully handled claims, both in and out of litigation, involving those injured in bicycle accidents, car accidents, trucking accidents, pedestrian accidents, motorcycle accidents, wrongful death, and slip/trip and fall.
Mr. Chichyan has recovered millions of dollars for injury victims and many of his results occur during litigation. While no prior result can guarantee a similar result, as nothing is guaranteed, it is important to recognize that being able to litigate, and litigating a case, as seen above, led to desirable results. If you or a loved one were recently injured, you may have a claim for damages. Please feel free to call Chichyan Law APC at 818-488-9448 for a courtesy consultation. You may also e-mail Morris directly at morris@chichyanlaw.com.