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Wednesday, January 11, 2023

BREAKING NEWS

Fred Loya Takes Another Hit:

Loya disputes liability in rear-ender, $122K Fresno County victory

Nishan, a 43-year-old diesel diagnostic tech was rear-ended by Estrada, who was insured by Fred Loya Insurance. 


We’ve discussed Fred Loya Insurance several times in our PI Email Alerts. A notorious “cut rate” carrier, Fred Loya refused to admit to a clear-cut liability or that Nishan was injured. 


Nishan saw a Fresno chiropractor and had 22 visits. The DC order an MRI which revealed scoliosis and sideways curvature of the spine. Nishan also lost two months of work. 


  • Total medical bills: $5,898.89
  • Total loss of earnings: $5,880


Nishan demanded Fred Loya’s policy limits of $15,000. Fred Loya refused and offered $10,000 then reduced their offer to $1,000 before trial. Defendant Fred Loya forced their insureds and Nishan into an unnecessary jury trial.


The Fresno Superior Court Jury awarded $121,778.89. 


  • Economic damages: $11,778.89
  • Non-economic damages—pain and suffering: $110,000


The jury took only one hour to agree that Nishan was innocent and awarded 10X what Nishan was willing to settle for. 


Fresno Superior Court, Judge Hon LD Tyler Tharpe. Mikhalli vs. Cayetano August 24, 2022.


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To get a copy of this form, contact johntawlian@shawnsteel.com.

"Over 50% of my fees come directly from PI cases. Over the years I’ve been burned hundreds of times, mostly by dishonest PI attorneys. Where was Shawn Steel when I needed him? 


Still, his book along with his colleague Alex Eisner is the best and direct How To do honest PI and get paid 100% of your fees at least 90% of the time."


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To get your copy of the book, click here.



ACE'S LIT TIPS 🔥

When you are served with a subpoena for records, you must comply. That doesn’t mean you have to give over everything that is asked for.


Sometimes the demand for records is grossly overboard (like if it asks for all records for a particular patient without specifying a specific time/date range) or sometimes it asks for records for other patients not involved in the lawsuit (wherein privilege likely bars you from producing those records).


The subpoena will likely specify how long you have to respond (usually 20 days…sometimes more) and have an objection form attached to it. You can produce some records and fill out the limited objection form for records you believe to be overbroad.


You can (and should) also reach out to the Plaintiff’s attorney if you think that the subpoena is asking for records that you shouldn’t produce. You can’t simply ignore the subpoena however. Even if you have no responsive documents, you still have to send something (in that case, a certificate of no records). Failure to respond can lead to sanctions so take them seriously. When in doubt, reach out. 


Feel free to email me with any questions alexandereisner@shawnsteel.com.

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SSLF PODCAST EP. 34 WITH SAM COLLINS

January 18, 2023 @ 1:00 PM

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