How to Gather Evidence for Personal Injury Cases: Adam J. Krolikowski - Santa Ana, CA
About Adam Krolikowski
What drew you to the field of personal injury law, and how has practicing in California influenced your approach to these cases?
My journey into personal injury law was rooted in a deep sense of service. I started watching courtroom drama television shows when I was in grammar school and wanted to be the lawyer fighting for the injured. I understood that standing up for the underdog—the individuals hurt by no fault of their own—was how I could make a difference. Now, practicing in California, a state with such diversity and complexity, has only sharpened my approach. I have experience practicing in Northern and Southern California and trying cases in State and Federal courtrooms. California's legal landscape is intricate and, as a personal injury lawyer in California, I keep my skills sharp, drawing on years of experience and current practice to ensure my clients receive the justice they deserve.
California Law
California is known for its complex legal system. What challenges do you commonly face when handling personal injury cases in this state?
California is a land of opportunity, diversity, and also of significant legal challenge. Navigating its complex legal systems is no walk in the park and can be treacherous for the unweary. When handling personal injury cases, especially trucking accidents, it is imperative to use best practices to preserve evidence and ensure the injured person is protected. Where a public entity or medical professional are involved, shorter timelines for presenting claims can apply. I believe knowing the rules and using the law for the protection and benefit of the client is the most important function of an attorney. My focus remains on providing clients with clear, unwavering counsel so they can move forward with confidence and we can fulfill their legal needs.
Personal Injury Challenges
Can you share a case that exemplifies the unique aspects of personal injury law in California, and how you successfully navigated those challenges?
California is often a trendsetter, and personal injury law is no exception. I recall a case where my clients were hit by an 18 wheeler, resulting in serious injuries and a severe concussion. Their prior attorney did not work-up the case because the damage to the car did not look bad and they were stuck with a lowball offer. Having the car inspected by a licensed mechanic and body repair specialist, getting the crash data recorder from the big rig, and obtaining medical examinations by expert doctors provided the evidence to obtain policy limits from the insurance company instead of lowball offers. In the end, the clients made a great decision to switch to The Krolikowski Law Firm to prove their case and maximize their recovery.
California Automotive Rules
How do California's specific laws, such as Proposition 213 or the comparative negligence rule, impact personal injury cases, and what should potential clients know about them?
When it comes to recovering damages after a car accident, Proposition 213 limits the uninsured to only recovering their economic damages and prevents recovery of damages for pain and suffering. Prop 213 applies even when the accident wasn’t their fault. It’s a tough pill to swallow for some, but it underscores the importance of carrying uninsured motorist coverage and liability insurance. The comparative negligence rule, on the other hand, can reduce your compensation if you’re found partially at fault. In both scenarios, clients face limits on the amount of money they can recover after an accident. Comparative fault and Prop 213 clients need lawyers, such as myself, that are experienced, understand the laws, and fight to obtain the fullest compensation under the law for the clients.
Evidence Protection
With the high number of car accidents and traffic incidents in California, what advice do you have for individuals involved in a collision to protect their legal rights?
As a car accident lawyer I've seen at fault parties change their stories to try to get out of being responsible for the collision. Call the police or CHP. Request a unit be sent and a report be taken. Evidence is critical. If you are one of millions of persons with a mobile device that takes photos and records videos, use it. Take pictures of the vehicles, drivers license, insurance, the locations. Take video of any witnesses and the other involved parties. Ask them what happened and let them speak. Go to the doctor and get checked out to make sure you are okay, even if you "feel fine." Contact a lawyer (preferably me) as soon as possible. The responsible insurance companies can be quick to settle, often for less than what you deserve, and before your injuries fully manifest. Work through legal counsel from the beginning to protect your rights from day one.
Legal Technology
What role does technology play in your practice, especially when gathering evidence or presenting a case in California’s courts?
I have watched technology change since I began practicing law in 1999. At every step, I changed with the times because I never stop learning and adapting. The days of typewriters and papers files, moved into faxes and computers, and has evolved into electronic filing and AI. Staying ahead of the curve has allowed me to incorporate emerging technology into my practice. Whether it’s dashcam footage, surveillance videos, electronic medical records, my law firm uses state-of-the-art tools to acquire and analyze data and present clients’ cases clearly and convincingly in court.
Public Duty
California is known for its diversity. How do you ensure that your practice is inclusive and accessible to clients from different cultural and socio-economic backgrounds?
In a state as rich in diversity as California, inclusivity is essential. I believe I have a duty as a California lawyer to provide services to all persons equally access all cultural and socio-economic backgrounds. I have access to interpreter services and have been able to assist clients and provide accessibility by offering services in multiple languages, including but not limited to Spanish, Armenian, Chinese, Vietnamese and Korean. We provide culturally competent legal services, ensuring every client, no matter their background, feels heard and represented and has access to justice.
Managing Expectations & Outcomes
How do you manage the expectations of your clients regarding the timeline and potential outcomes of personal injury cases in California’s busy legal environment?
I provide my direct contact information to clients and make time to be available to discuss their case. Managing expectations is about honesty and clarity. Each client and case is unique, and personal injury cases can take anywhere from three months to three years, depending on the injuries, the evidence, the insurance, and the court. For example, an injured person needs to recover or reach a point in therapy where costs of medical care can be determined with reasonable certainty; A claim needs to be presented to the insurance company, who will perform their own diligence and assessment of claim value; If a settlement cannot be reached with the insurance company, the client would need to proceed with Court litigation. As personal injury cases may span several months or even years, for more precise information about case value and timeline I would need to speak directly with a client on a case-by-case basis.
Personal Injury Advice - Key Steps
What steps should someone take immediately after an accident in California to build a strong foundation for a personal injury claim?
After an accident, it’s essential to act swiftly but thoughtfully. Stay calm, but be proactive. First, call the authorities and get a police report. Then, document the scene—every angle, every detail. Get medical help immediately, even if you think your injuries are minor. Lastly, consult with an attorney like me, who will ensure that your rights are protected and help you navigate what can often be a complex claims process and civil legal process. Insurance companies have and use their lawyers, so all injured persons should do likewise. Call me, the personal injury claims lawyer, to battle the insurance company for your rights, damages and compensation.
Adam J. Krolikowski, Esq. The Krolikowski Law Firm 930 W 17th St, Ste D Santa Ana, CA 92706 Tel (949) 269-1869 Fax (949) 269-1868 www.usethelaw.com
