David Thien Tran’s Answers

David Thien Tran

Los Alamitos Business Attorney.

Contributor Level 11
  1. In slip and fall, why make a nuisance offer instead of denying a claim?

    Answered about 2 years ago.

    1. David Thien Tran
    2. Frank Wei-Hong Chen
    3. Kevin Samuel Sullivan
    4. Andrew Daniel Myers
    5. Jacob Adam Regar
    6. ···
    7 lawyer answers

    Simple economics. Insurance is a relative straight forward business. They take money in as premiums charged to customers and invests the money for as long as they can before they have to pay out on claims. Money they make in invests equal profits. Money they save in not having to pay out in full on a claim is also profit. Insurancle companies have a pretty good and thorough understanding of the human body and the types of injuries/damage that the human body undergoes. They have...

    Selected as best answer

  2. Car Accident!

    Answered about 2 years ago.

    1. David Thien Tran
    2. Jacob Adam Regar
    3. Kevin Samuel Sullivan
    4. Christian K. Lassen II
    4 lawyer answers

    Slow down. Sounds like you may be leaving a lot more money on the table by taking the adjuster's first low ball offer. Generally, in a case where your liability is little or none, the higher the medical bills that you incurred, the higher your damages are. Also, your friends at Medicare & MediCal have implied liens on your case. You may not disclose that information to Medicare & MediCal, but they will make sure the insurance companies report all settlements to them or risk being...

    10 lawyers agreed with this answer

  3. How does texting on the phone affect an accident and damages(both property and injury)?

    Answered about 2 years ago.

    1. Jacob Adam Regar
    2. Andrew Ronald Gillin
    3. David Thien Tran
    4. Christian K. Lassen II
    5. Eric David Paris
    5 lawyer answers

    If you look at negligence like a pie, you would want to show that the other driver was 100% negligence and you 0% negligent. The other person texting while driving imputes negligence on their part and may reduce or eliminate any claims of negligence on your part. That helps you increase your argument for damages for non-economic damages.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I was in a car accident 1/24/12. The woman hit me from behind (we were both moving).

    Answered about 2 years ago.

    1. Jeffrey Michael Padilla
    2. David Thien Tran
    3. Rabeh M. A. Soofi
    4. Jeremy Laurence Tissot
    5. Jeffrey Mark Adams
    6. ···
    8 lawyer answers

    Rear end collision is almost always the driver in the back fault. As for medical claims, depending on your age, you can expect to feel pain for several weeks or months. Even then, some back or neck injuries get masked and only resurface years later. That is why it so important to seek medicare care from not just a chiropractor, but also a physical therapist who can help you train your muscles. You should consult a personal injury attorney and get an opinion. The attorney should...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. A plaintiff’s attorney working on contingent-fee basis in personal injury case. (Case explained in the limited space allowed.)

    Answered about 2 years ago.

    1. David Thien Tran
    2. Frank Wei-Hong Chen
    3. Scott Richard Kaufman
    4. Christian K. Lassen II
    5. Jamahl Calvin Kersey
    5 lawyer answers

    As I am not involved in your particular case, and I certainly don't know any of the parties involved in this case, please allow me to share some general thoughts. I don't think any reasonable attorney objects or is annoyed to have clients that are reasonable, focused, insightful, and who take an active interest in their case. That to me is an ideal client. Conversely, clients that think that every shred of data is somehow useful and second guess their counsel for failing to recognize the...

    7 lawyers agreed with this answer

  6. How to compel Limited liability companies (LLCs) to release personal records?

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. David Thien Tran
    3. Robert John Murillo
    4. Michael Charles Doland
    4 lawyer answers

    Part of the 'benefit' of incorporating in an LLC format is to avoid certain public disclosures, asset protection, and ease of use. CA requires only a very brief Article of Organization and Statement of Information to be reported to the state. A lot more useful information is located in the Operating Agreement. However, that documents is not public records and can only be accessed by voluntary production of through formal litigation discovery.

    7 lawyers agreed with this answer

  7. What if you have no insurance and get in an accident with some who does and it was ther fault?

    Answered about 2 years ago.

    1. Jeffrey Michael Padilla
    2. David Thien Tran
    3. Christian K. Lassen II
    3 lawyer answers

    there are a couple of different issues here; 1) division of fault. Look at fault like a pie. If the other driver is 100% at fault, then he/she ate the whole pie and has to pay 100% for it. If you were partially at fault (say 25%) you are liable to the other driver for part of the fault pie. 2) monies owed to you when you do not have insurance: (2 part answer) If you do not have liability insurance, you do not get to collect anything from the general damages (i.e. pain & suffering,...

    7 lawyers agreed with this answer

  8. Will I be penalized because I didn't initiate settlement discussions with opposing counsel in my lawsuit?

    Answered about 2 years ago.

    1. Marilynn Mika Spencer
    2. Frank Wei-Hong Chen
    3. Molly Cristin Hansen
    4. David Thien Tran
    4 lawyer answers

    generally, as long as you pick up the phone and start talking about settlement and/or the potential for the framework of how to settle, that would comply and you can tell the court that you had. What the court doesn't want to hear is at the case management conference is that you have done nothing. start talks with opposing counsel before the cmc.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Status conference what should i expect?

    Answered about 2 years ago.

    1. David Thien Tran
    2. Pamela Koslyn
    3. Michael Charles Doland
    3 lawyer answers

    i agree with the responses above. The Status Conference is mainly for the court to keep track of its workload. The court wants to know where your case is (not what it is about) and where it is going. The court needs to maintain tight reign of the thousands of cases that has been assigned to it. The court will not allow cases to get unruly or disorganized. Look at all the cases competing for the precious few court resources (courtroom time & space). Since there is no way any court could...

    Selected as best answer

  10. Settling a Bodily Injury Claim (California)

    Answered about 2 years ago.

    1. Jacob Adam Regar
    2. Gordon Ralph Levinson
    3. Korosh Torkzadeh
    4. Norman Gregory Fernandez
    5. Hadi Edward Ramsey
    6. ···
    10 lawyer answers

    You are about to NEGOTIATE terms of a settlement with a trained insurance claims professional. They have a huge advantage over you. They have the resources of the entire insurance community behind them in formulating their settlement strategy with you. They have the benefit of having underwriters advising them how much each and every conceivable injury is worth (most injuries). The insurance company is not in the business of giving away money. If you do not know what you are doing and '...

    6 lawyers agreed with this answer