Carlos Palomino Torrez, a Peruvian digital creator who lives in California, interviews attorney Vivian Yochelson.
Vivian Yochelson, Abogada Vivian, is a personal injury attorney in Woodland Hills, California. The logo “Mujeres a Prueba de Fuego” is the logo of Erika Rojas, and the book about powerful Hispanic women. The logo means “Fireproof Women”.
Vivian is here to serve you when you are in need after a car accident, when you are injured by a dog bite, or when you have fallen and hurt yourself. To any negligence. from another person who has caused harm. You can find Vivian at abogadavivian.net and also at 1-888 SU-AYUDA or 1-888-782-9832.
This video is in Spanish, however, the English transcript is below the video.
Transcription
[Carlos Palomino Torrez ]
(00:00) Friends, how are you? We’re here now, all relaxed and settled in, conducting some interviews. Oh, look at that, we don’t have anything in our hands. Okay, so what’s going to happen here? Well let me introduce you to a great friend of ours, that’s what we can call her, right? Here we have Vivian. Today we’re going to sit down and have a little chat.
(00:26) Guess what? The thing we love most: laws. You’re a lawyer? Tell us a little bit about yourself.
[Vivian] Yes, I am a lawyer. I was born here in the United States, in California, to Chilean parents.
[Interviewer] Your parents came here.
[Vivian] Yes. And I was born here as the first generation. I’ve been practicing law for 30 years, almost 30 years.
[Carlos] 30 years old. Okay. Lawyer.
[Vivian] Yes, I am a lawyer. specialist in accidents, uh personal injuries. When you’re in an accident and you’re hurt because of someone else’s negligence, that’s where they hire me and I help them get compensation for the suffering, the pain, everything they ‘ve suffered as a result of that other person’s negligence.
[Carlos] From someone else. Look, it’s great that I have you here—and let’s be honest—sometimes it’s really hard to talk to a lawyer, because either they’re stuck in their office or we just never seem to run into each other when we’re both free. So, now that I actually have you here, I’m going to take the opportunity to ask about a few things. For instance, personal injury law just came to mind.
(01:47) Sometimes we fail to recognize what constitutes personal harm; we may be subjected to it, yet we perceive it as minor. At what point—and how—does harm directed at a person, specifically through identification, actually begin? How can we identify it? And how can one provide education regarding this specific aspect?
[Vivian] Yes, thanks.
(02:05) Personal harm is damage that an individual suffers personally -whether to their body, their mind, their psyche, or their emotional well-being. Typically—generally speaking—such injuries result from car accidents, severe dog bites, falls, or slips. That is where personal injury occurs. Consequently, the law here in California states that if you have been injured as a result of another person’s negligence, you are entitled to receive compensation for that negligence.
[Carlos] And it has to do with my legal status, right? Or else it’s completely unrelated.
[Vivian] legal status doesn’t play a part in this process. You can have papers, be undocumented. It is a right you possess as an individual to file a claim against the person—or the company—that acted negligently and caused you personal injury.
[Carlos] The most common thing is a car accident. Wow. The most common thing is the most common thing. How interesting. Look, I just sat down at my reporter’s desk. Ah, because I have you here. I’m going to ask all my questions now. Ah, uh, because it’s always good for our community, as communicators, to inform them about that little thing that they find difficult to ask about. Right.
(03:45) For example, if there’s personal injury between a couple, for instance, I can file a complaint. This is just an example, mind you – it’s not my actual situation, just so we’re clear. We’re just pulling scenarios out of thin air here, okay? Because, the incredible thing, sometimes we think it doesn’t happen, but it does. I know this because I’m on the news myself at times, and as I’m catching up on the stories, I find myself thinking: “Wow, that actually happened.”
(04:04) So, that’s why I’m taking the liberty of asking you now that I have you here , right? In other words, sometimes the husband or wife feels that they are being attacked and because they are spouses they can make a complaint or so here in the United States system it is to have civil cases or criminal cases.
[Vivian] Criminal is when one is damaged. If there is any criminal offense committed against you, it could be domestic violence, things like that, and that is handled by the district attorney of the county where you live. In addition to that, it could be a civil case. If it’s between a couple, that depends on the circumstances. Normally, between a couple it would be a case of domestic violence, unfortunately, where the prosecutor focuses on bringing charges against a person who is causing that violence.
(05:06) But what I handle is more in civil matters, not so much in criminal matters. In civil matters, for example, if you hit me from behind with your car, an accident , or there’s an accident, someone runs a red light and there’s an accident, the cars collided and I was injured, the body moves in a way that one doesn’t even understand.
(05:27) Absolutely. Above all else. And this is usually advisable because – returning to the subject of accidents, right? – sometimes we encounter situations where the accident is so minor that the parties involved simply settle it amongst themselves. Is that a recommended approach? Is it a good idea or not? Because the answer isn’t always clear-cut; sometimes… well, it depends, doesn’t it? Obviously, when it’s a minor accident—say, you’ve been rear-ended and there isn’t much damage—exchanging information is standard practice; but then again, you never really know.
(06:00) The next day dawns and he says, “Oh my God, my neck hurts, my back hurts.” And it is that physical movement that causes damage to the body. Much depends on the person’s age, the speed of the cars, and the person’s condition. If you have had complications or have medical conditions previously, perhaps if you already had an accident and you have another one 5 years later or 2 years later, you get hurt and it may affect you in a way that may not affect another person in the same way.
(06:38) You never know. It can be mild, it can be moderate, and it can be very serious. So, there are different levels of injuries.
[Carlos] Clear. In other words, every time they call you, you analyze the case. Ah, my question is because I have a friend who had something like that happen to her because she had that type of accident and she sorted it out, nothing happened. Mm.
(07:00) At six months old, he went blind in one eye because, due to that collision he was in, his retina became detached. And that’s why I say: at what exact moment did it happen? He just doesn’t know.
[Vivian] Regarding that specific example – as you mentioned—it is crucial when you are involved in a car accident and that is what we are focusing on here: a car accident, to seek medical attention as soon as possible – ideally within the first 3 days, and definitely within the first 10 days. You must go see a doctor and tell them: “Look, it hurts right here…”
(07:43) “I have pain over there, and I’ve noticed a change in my vision. I’m not sure if it’s a result of the accident, but if you wait too long, say, six months, as you mentioned, and then say, ‘I have a vision problem, and I believe it’s due to that accident,’ yet you never saw a doctor during those six months, it becomes very, very difficult to prove that it was, in fact, a result of that accident.”
(08:05) So, my recommendation—when someone calls me and says, “Look, I was in an accident; I hurt here and there, but I think it will go away, I’m not sure” – is always this: go see a doctor, your primary care physician, and document exactly what happened to you and where it hurts.
(08:30) And then, ten days or two weeks later, you say, “Well, I’m fine now; nothing happened. Perfect.” But if you say, “You know what? I don’t feel very well,” at least you have documented what hurts and what happened—because that is exactly what the insurers, the insurance companies, are looking for.
[Carlos] Of course, because these are things that seem so simple, yet in reality, they aren’t.
Because sometimes in our community, excuse me for mentioning my Hispanic community, we think we know everything and we want to solve things in a very superficial way, and then we find ourselves in serious trouble later on.
(09:06) So, yes, and it’s great that you can be listening to the laws here, live and in real time, in your own language. So, so we can educate ourselves, because things happen to us more often because we’re uninformed, because sometimes we don’t like to get informed, we find it hard to ask questions.
[Vivian] It’s true. And—as I always say, and as clients invariably tell me later—they’ll say: “I spoke with my insurance company, and they told me I’m partially at fault because I said such-and-such.” That is why what I always recommend to everyone who calls me, or anyone involved in an accident, is this:
(09:46) seeking medical attention within the first three days is the most important thing. And if you aren’t sure… Call a lawyer. Those of us who handle personal injury cases won’t charge you for the consultation, it’s free; always free. Just ask us; we’ll guide you on what to say and, just as importantly, what not to say. People often assume that everyone acts in good faith, thinking, “Well, he admitted fault right there at the scene of the accident”, only to find that, by the very next day, the story has changed completely.
(10:20) So, and this is very important regarding the two things I recommend, seek medical attention within the first three days and also consult with an attorney. Do not provide a recorded statement, not even to your own insurance company. That is: do not give a recorded statement before having that consultation with a lawyer to determine what your rights are, what potential complications might arise, and what you should or should not say.
(10:49) It’s super important.
[Carlos] And tell me, is there someone who already has a case like this, because I always hear this, who says their lawyer isn’t working out and they can’t change lawyers?
[Vivian] Yes, you can always change lawyers. There’s a limit, though. You can change lawyers at any time. At any time. The problem arises when, for example, it happened to me the other day, someone called me and said, “My accident happened in September, I have this lawyer, now it’s February and I’m not satisfied with his services.” And I said, “Okay, what are your
(11:29) expectations?” Because I want to know if I should accept the case. Perhaps expectations are something that I won’t be able to meet either. So I always ask, what are the expectations? Because I need to know if I should accept your case. It’s possible that your expectations are something I won’t be able to meet either.” So, I always ask: “What are your expectations? What is the specific problem you’re having with your current lawyer?” Perhaps it’s a communication issue. But yes, you certainly can switch lawyers. The only—well, the slight complication is that the longer you wait—for instance, if I take on a case six months after it’s already been with another attorney—that previous attorney will be entitled to a portion of the legal fees.
(12:02) If we manage to close that case six months from now, one year after the accident occurred, the first attorney is going to want a share of the legal fees; and I’ll be stuck there, fighting with that attorney or arguing over how much goes to him and how much goes to me. So, for both personal and professional reasons, I always like to ask: “What is the reason you are switching lawyers? Is it a lack of communication?”
(12:33) And that’s when I assess the circumstances to see if I can truly be of assistance—specifically, if the first attorney isn’t doing their job. Oh, but yes, you can absolutely always switch lawyers. Of course. I’m answering this question, but I should make a disclosure: I’m not trying to make a sales pitch here; we’ve only just met today.
[Carlos] These are simply questions that we all have, because, as you often hear people say: “I’m not going to switch lawyers.” But look at what you’ve just clarified: Think it through carefully, do your research thoroughly, and seek proper counsel. Because, in the end, you’ll wind up paying everyone, and receiving no money yourself, precisely because you made so many changes.
(13:00) So, how’s that? Where can people find you? How can people who are watching you communicate with you?
[Vivian] Well, here I am in Southern California, in Los Angeles, in the San Fernando Valley.
(13:21) I can, but I can take any case in the state of California. I am Vivian, a lawyer. You can find me at abogadavivian.net or my phone number is 888.Yourhelp. 888 782 9832 or lawyer Vivian. Everyone knows me as lawyer Vivian.
[Carlos] So, as attorney Vivian, we say goodbye to our segment. We’ve had a short but necessary update, so you can contact attorney Vivian here in your own language and at your own pace for any questions.
(13:58) We’ll keep in touch. Vivian, delighted. Nice to meet you, thank you very much. Long live Chile! Gee. Chi chi. And remember whose pisco it is. Well, it seems Peru won in that regard: food. Excellent.
[Vivian] Thank you, Carlos. Chilean colleagues here. A hug and goodbye. Thank you.
[Vivian] Hello, I’m Vivian, a lawyer.
(14:19) I am here to serve you when you are in need after a car accident, when you are injured by a dog bite, or when you have fallen and hurt yourself. To any negligence. from another person who has caused harm. I’m here to help you. I am Vivian, a lawyer. You can find me at abogadavivian.net and also at 1-888 SU-AYUDA or 1-888-782-9832 and anything you need you can find me on social media abogadavivian.net.
(14:59) I am here to serve you I provide direct, personal attention, and I look forward to hearing from you—please call me for any consultation or questions you may have regarding your rights in a personal injury matter. Thank you.