StyleGuide

Yes.  Ambulance transport companies are private companies, and in the state of California, they can be sued like any other company.  However, there are different types of claims that can be brought against these companies and the standards of proof differ based upon the type of claim that is filed.

For example, emergency first responders such as emergency medical technicians (EMTs) and the emergency transport companies can be sued for general negligence when they are involved in a motor vehicle accident.  The standard of proof for these types of claims is ordinary negligence, which is the same standard applied to any motorist involved in a motor vehicle accident.

Emergency first responders such as EMTs and the emergency transport companies can also be sued for their failures to act, and for their failures to act in good faith when responding to emergency calls.  In these types of claims, the standard of proof for recovering damages is different.  In order to win your case, you must prove “gross negligence” rather than ordinary negligence.

Gross negligence is either the lack of any care, or an extreme departure from what a reasonably careful person would do in the same situation to prevent harm to oneself or to others. In order to prevail in a lawsuit against the EMT and the emergency transport company, you need to prove that the acts or omissions performed by the EMT and transport company were carried out in a grossly negligent manner, or that the acts or omissions performed by them were not performed in good faith.

These types of claims are more difficult to establish because the California Legislature wants to encourage EMTs, registered nurses, firefighters, police officers and other emergency first responders to render medical services during emergencies without fear of being sued.  This makes these cases more challenging.  However, with the assistance of an experienced and highly skilled personal injury attorney, it is possible to recover damages in a lawsuit involving emergency first responders such as EMTs and emergency transport companies

Yes.  As described above, health insurance companies who pay your medical expenses for an accident that was caused by someone else have a right to subrogation.  Under California law, your insurance company may be entitled to part of your settlement if it can prove:

• the insurance company suffered a loss for which the defendant is liable;
• the claimed loss was one for which the insurance company was not primarily liable;
• the insurance company has compensated the accident victim in whole or in part for the same loss for which the defendant is primarily responsible;
• the insurance company has paid the claim of its policyholder to protect its own interest and not voluntarily;
• the insurance company has an existing cause of action against the defendant which the accident victim could have asserted for its own benefit had it not been compensated for its loss by the insurance company;
• the insurance company has paid money caused by the liability of the defendant;
• justice requires that the loss be shifted from the insurance company to the defendant; and
• the insurance company’s damages can be calculated, generally the amount paid to the accident victim.

However, there are some limits to an insurance company’s right to subrogation.  The California civil code limits what an insurance company can recover from your settlement to the lesser of (1) the cost of medical services; or (2) a percentage of the total settlement. The calculations used to determine this amount can be complex, and depend on factors such as whether you were represented by an attorney.

In addition, the “Made Whole” doctrine provides that you must be made whole (compensated for your losses) before the insurance company can seek reimbursement. This typically comes up in cases where the responsible party does not have enough insurance to cover your losses.  Importantly, your insurance company can require you to waive the right to be “made whole” as part of your contract.

Finally, the Common Fund Doctrine makes insurance companies pay part of the money that it recovers to your attorney if it does not have its own lawyer.  In other words, because it was your California personal injury lawyer who did the work on the case to recover compensation, it is only fair that the insurance company should pay part of your attorney’s fee.  The amount that they will be required to pay will depend on what percentage of the settlement or award is attributable to attorney’s fees.

For example, imagine that you received a settlement for $100,000, and your insurance company paid $25,000 in medical expenses (25% of the settlement).  A standard attorney’s fee of 30% means that your lawyer will receive $33,000 in fees for their work.  The insurance company is responsible for 25%, or $8,250 of the attorney’s fees.  This reduces the amount of attorney’s fees that you will be required to pay by $8,250.

Posting on social media while a personal injury claim is pending can be incredibly damaging to your case.  Even a seemingly-innocent post, such as checking in at a gym, can cast doubt on your claim that you are injured.

Many of us use social media in a specific way: to highlight the best parts of our lives.  This tendency can be harmful in a personal injury case, as insurance companies will often look at your Facebook, Twitter and Instagram accounts for any evidence that you may not be suffering from the injuries that you have claimed.  For example, if you post a picture of yourself hiking in the woods, an insurance company may use that as proof that a back injury from a slip and fall was not as severe as claimed.   Similarly, if you talk about your accident online, those statements can be used against you.

Under California law, social media postings are admissible are admissible in court.  Both your own posts, if you are a party to the case, and the posts of family and friends, if they contradict your testimony, can be admitted into evidence.  For this reason, social media posts can be damaging to your case.

The best course of action is to avoid posting anything about the accident or your case, posting any new pictures or videos of yourself, or responding to new friend requests or messages from unknown people.  Doing this will help to protect your case while allowing you to still engage on social media.