FAQs

The statute of limitations in California for most personal injury claims is two years.

Medical malpractice claims in California must be filed no more than one year from the date that the patient was injured, or from the date the patient first discovered his/her injuries which were caused by medical malpractice.

Under California’s comparative negligence law, someone who is partially at fault for an injury or an accident may still be entitled to be compensated. An injured person is entitled to recover a determined percentage of damages where the defendant was at least partially at fault. This applies even if the injured person was more than 50% at fault. Juries are responsible for determining the percentage of fault in the case, or this could be negotiated via an out-of-court settlement.

In the event a catastrophic injury leads to death, the deceased’s surviving family or estate representative can pursue a wrongful death claim in lieu of a personal injury claim.

The person or party responsible for a catastrophic injury can be held accountable for the victim’s losses. For example, careless drivers can face liability for the injuries they cause while distracted, impaired, or speeding. Property owners can be held accountable for the catastrophic injuries that happen on their premises. Product manufacturers can be held financially responsible for the injuries their defective products cause. Medical professionals and institutions, such as hospitals, can be held responsible for injuries and damages caused by medical malpractice.

Because of the serious nature of catastrophic injuries, they often lead to more complicated legal battles and larger settlements or verdicts. Compensation for a catastrophic injury cases should include past and future medical expenses, lost wages, lost earning capacity, and pain and suffering. Expert medical, care planning, and forensic economic testimony is often used to support the claim and help the injured person plan for the future. Because of the large monetary care needs, the amount offered in settlement should be much greater when the injuries suffered are catastrophic.

The law defines a “catastrophic injury” as any injury that results in permanent disability or a permanent change in the quality of life. Some examples of catastrophic injuries include:

• Amputations
• Permanent nerve damage
• Brain injuries
• Vision and/or hearing loss
• Spinal cord injuries
• Numerous bone fractures
• Damage to internal organs
• Severe burns

Changing attorneys will not change the amount of the attorney’s fees. You will receive the same portion of any settlement obtained no matter how many attorneys have worked on your case. The one attorney fee is divided up between your first and your second law firm, based on the amount of work done by each firm.

Changing attorneys is a simple procedure in which you sign a document informing your current lawyer that he is discharged. It’s that easy. So if you are in a quandary about your present legal representation and would like a second opinion as to whether your current attorney is doing a good job, please contact our office 24/7.

Most legal questions require complex answers. The answers provided here may not be complete or fully accurate but attempt to provide consumers with abbreviated answers. For more detailed answers to these questions, please contact our office for a free and thorough review of your case.

Yes. Have you lost faith in your present personal injury lawyer? Perhaps you feel that he or she has neglected you, is more interested in other, bigger cases, or lacks the dedication to customer service that you feel you deserve. Your phone calls may go unanswered, you may go for weeks wondering what is going on with your case, and you may wish you’d found another attorney who had the time or desire to keep you in the loop.

If any of this sounds familiar, you do have options. We offer a free second opinion about your personal injury case for clients throughout California. That means that we will review your case file and interview you about the facts and circumstances of your car accident and injuries to determine whether your case is being handled in a competent manner by your present attorney. If we think it is, we will say so. If we think it isn’t, we’ll advise you of that, too. We won’t, however, advise you to change attorneys for our benefit. Only if it is advantageous to you if your claim can be presented in a more thorough or professional way, in a more timely fashion, with the endgame of getting you more money, more quickly, will we suggest it.

We only work on a contingency fee basis, meaning that if you do not win, we do not get paid. Our contingency fee is in line with other top-quality lawyers who handle serious personal injury matters. There are no up-front costs or fees with us.

Accidents happen for many reasons, and every one leaves evidence. We’ll listen to your account of what happened, then carefully investigate the accident scene and surrounding documentation to find that evidence. For instance, a lack of skid marks may show that the other driver was asleep at the wheel and failed to brake. Our legal team will interview witnesses, pore over police reports and pursue every other lead to help us stand up for you.

Talking on the phone or texting while driving is illegal in California, and it absolutely constitutes a type of negligence that could make the other driver liable for your injuries. During our investigation, we’ll consult any applicable documentation, such as police reports and phone records, and interview witnesses who may be able to testify that the driver was indeed on his phone. We’ll explore every avenue to make sure you receive fair compensation.

Although individuals may represent themselves in personal injury cases, an experienced attorney can offer the support and professional resources that make the difference in achieving a positive outcome. A recent study by the Insurance Research Council showed that the average person received a settlement that was 3.5 times larger with legal assistance than without legal assistance.

Many of those who consider filing injury cases dread a long, drawn-out trial that costs significant time and money. However, approximately 95-percent of cases never reach trial, and instead arrive at a settlement coordinated with the help of an attorney.

For most personal injury matters, including car accidents, a person or relative has two years from the date of injury (or date of wrongful death) in which to initiate a case. Exceptions include medical malpractice cases, which generally must be filed one year from the date of injury. Also, claims against a governmental entity, even those affecting minors, must be filed within six months.

It is crucial that you not discuss your accident or case details with anyone except your attorney and your doctors. If your insurance company wants to discuss your case before they pay your medical bills, please do refer them to your attorney. Remember that any necessary information from employers, schools or other persons or entities will be obtained by your attorney. Never discuss your case with anyone until you check with your attorney first.

Each case is unique in terms of facts and circumstances. It is impossible to gauge the value of a claim at a glance. In serious injury cases, the recovery depends on the amount of insurance coverage available, the nature, extent and duration of your injuries, and the assessment of liability. In most cases, injured victims can seek compensation for damages including:

• Medical expenses including past bills and future expenses relating to the accident.
• Loss of income due to workdays missed.
• Permanent injuries that may lead to loss of employment, livelihood or life’s enjoyment.
• Cost of long-term treatment and care, which is necessary in catastrophic injury cases.
• Past and future pain, suffering and emotional distress.

DO:

• Contact an experienced personal injury lawyer as soon as possible after the accident.
• Take photographs of the vehicles involved in the collision, roadway conditions and injuries sustained.
• Obtain contact information for all parties involved in the incident as well as those who witnessed it.
• Get prompt medical attention and follow your doctor’s instructions for treatment and care.
• Keep detailed records. This includes receipts for all injury-related expenses such as ambulance costs, emergency room and hospitalization costs, rehabilitation expenses, cost of medication, medical equipment, etc. Document lost work time and wages as well as other expenses you may have incurred as a result of the accident and injury.

DON’T:

• Discuss the facts or specifics of your accident or injuries without consulting your injury lawyer.
• Admit fault or offer any opinions regarding what might have caused the accident.
• Ignore your doctor’s advice.
• Sign any papers that could give insurance companies and defense counsel access to your medical records, financial records or any other personal information.
• Post information or photographs relating to your accident or injuries on a blog or social networking site such as Facebook or Instagram.
• Rush into a quick settlement without consulting your injury attorney.

Probably. Most medical malpractice cases settle at some time before trial; however, they generally will take some time to settle.

We only work on a contingency fee basis, meaning that if we do not win, we do not get paid. Injury victims cannot afford to pay an attorney by the hour. Our contingency fee is in line with other top-quality lawyers who handle serious personal injury matters. There are no up-front costs or fees with us.

Absolutely. Medical malpractice insurance carriers almost never settle cases before lawsuits, especially if plaintiff is unrepresented, and if they do, they will only offer a fraction of the value of a claim.

You can bring a lawsuit against any healthcare provider who was in any way involved in your care and treatment and whose negligence caused your injury or the death of a loved one. This would include doctors, nurses, hospitals, physical therapists, psychotherapists and people who you never even met such as radiologists who reviewed your…

You can bring a lawsuit against any healthcare provider who was in any way involved in your care and treatment and whose negligence caused your injury or the death of a loved one. This would include doctors, nurses, hospitals, physical therapists, psychotherapists and people who you never even met such as radiologists who reviewed your…

You can bring a lawsuit against any healthcare provider who was in any way involved in your care and treatment and whose negligence caused your injury or the death of a loved one. This would include doctors, nurses, hospitals, physical therapists, psychotherapists and people who you never even met such as radiologists who reviewed your…

You can bring a lawsuit against any healthcare provider who was in any way involved in your care and treatment and whose negligence caused your injury or the death of a loved one. This would include doctors, nurses, hospitals, physical therapists, psychotherapists and people who you never even met such as radiologists who reviewed your…

You can bring a lawsuit against any healthcare provider who was in any way involved in your care and treatment and whose negligence caused your injury or the death of a loved one. This would include doctors, nurses, hospitals, physical therapists, psychotherapists and people who you never even met such as radiologists who reviewed your…

You can bring a lawsuit against any healthcare provider who was in any way involved in your care and treatment and whose negligence caused your injury or the death of a loved one. This would include doctors, nurses, hospitals, physical therapists, psychotherapists and people who you never even met such as radiologists who reviewed your…

You can bring a lawsuit against any healthcare provider who was in any way involved in your care and treatment and whose negligence caused your injury or the death of a loved one. This would include doctors, nurses, hospitals, physical therapists, psychotherapists and people who you never even met such as radiologists who reviewed your…

You can bring a lawsuit against any healthcare provider who was in any way involved in your care and treatment and whose negligence caused your injury or the death of a loved one. This would include doctors, nurses, hospitals, physical therapists, psychotherapists and people who you never even met such as radiologists who reviewed your…

You can bring a lawsuit against any healthcare provider who was in any way involved in your care and treatment and whose negligence caused your injury or the death of a loved one. This would include doctors, nurses, hospitals, physical therapists, psychotherapists and people who you never even met such as radiologists who reviewed your…

You can bring a lawsuit against any healthcare provider who was in any way involved in your care and treatment and whose negligence caused your injury or the death of a loved one. This would include doctors, nurses, hospitals, physical therapists, psychotherapists and people who you never even met such as radiologists who reviewed your…