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Each potential case is evaluated by an attorney to assess liability and damages. If further investigation is needed to adequately evaluate your case, we will immediately create a plan to obtain the needed information. This may include a request for the police report, medical records, witness statements, or may involve visiting the accident scene. Once the relevant information is assembled, we will advise you as to whether or not we are interested in pursuing a case on your behalf. If we are unable to assist you, we will give you a referral to another well-respected attorney. The initial call, investigation, and consultation are free.

 

Our firm handles the majority of its cases on a contingency fee basis. In essence, we earn fees if we are successful in reaching a resolution of your case either through settlement or trial. If the case is lost, you will not owe us any fees. In most cases, we also advance all of the costs associated with prosecuting the case. Pursuant to California law, the fee arrangement is negotiable and will be discussed with you at the outset of your case. Generally, our fee is 33% of the net recovery you receive. Once a matter is set for trial, our fee generally will increase to 40%. In some cases, such as those of minors, our fee is limited to 25% by law.

 

It is not easy to assess a case’s value until some of the essential information is collected. Often, it is necessary to complete an investigation and some discovery in a case before we can adequately evaluate a case. We will offer you an assessment of your case’s value once enough information is received. Our evaluation will be influenced by our experience in trial and our knowledge of the trends we have observed in trial results in the recent past.

 

Determining the statute of limitations that is applicable to your case can be complicated. As a general rule, in California the law permits an injured party 2 years from the date of the accident to file a lawsuit. However, there are many exceptions that can shorten or change this time period, such as a case involving a public entity, medical negligence, or a minor’s case. Thus, it is very important to contact a lawyer as soon as possible as time is of the essence. In other words, don’t wait too long.

 

This too is a difficult question to answer. The longevity of a case depends on the specific circumstances of the case, the numbers of parties involved, any barriers that may exist to completing discovery and preparing the matter for settlement negotiations and/or trial, and the court’s availability in different counties. Our office is committed to keeping you informed as to the progress of the case, the strategic plan, and the anticipated date of resolution.

 

This determination is controlled by California law. Generally, an action for wrongful death may be brought by the decedent’s personal representative or any of the following persons: the decedent’s surviving spouse, domestic partner, children, and issue of the children.