Questions and answers
Questions and answers
Important things you should know about personal injury cases: fees, timing, the value of a claim and how cases are resolved.
How much will I have to pay a lawyer up front?
Nothing. The cases the firm takes on are almost always taken on a contingency basis. That means you do not have to pay any money up front, and no money is owed to the firm unless it is successful in obtaining money for you. This matters to many clients because, in most cases, injured people are already short of money from time lost at work, medical expenses and monthly bills.
How fees and case costs are handled is set out in your written fee agreement. If an attorney asks you to pay money up front, for any reason, you might want to consider another firm.
What separates a good lawyer from a bad one?
Experience, together with a track record of strong results, is critical in choosing an attorney. Education matters less than the results produced for clients. An attorney who focuses on one field of law is a strong sign of a firm that is not trying to be all things to all clients. Good personal injury attorneys are experienced and focus on personal injury law.
What determines the value of my case?
The value of a case depends on many factors, including how severe your injuries are and how they affect you: your daily activities, time lost from work or other duties, and the medical bills, both now and in the future.
If an attorney ever tells you your case is a “slam dunk,” or makes any other “guarantee,” get away from that lawyer as fast as you can. Value is very difficult to judge until all the information has been received and reviewed by an experienced and competent attorney.
Look for an attorney who listens to your concerns. Listening is one of the most valuable traits of a qualified professional, especially early in an attorney-client relationship. The value of a case does not rise or fall on how well a lawyer can “sell” you; cases are valued, in large part, by how well an attorney manages them.
How long before I will be compensated for my injuries?
In general terms, personal injury cases in California are governed by a two-year statute of limitations. It is important to gather information about liability (fault) as quickly as possible, but a lawsuit is generally not started until the injured person has finished treatment.
Finishing treatment matters because it lets the attorney understand the full nature and scope of the injuries, and so represent the client better. In cases with relatively minor injuries, the firm usually sees a time frame of about 9 to 16 months. Where injuries are more serious, especially those with long-term effects, cases may take longer to resolve.
My current lawyer doesn’t seem to be doing a very good job. Can I change attorneys?
Yes. A client has an absolute right to change lawyers at any time. But you should not switch just because your case seems to be moving slowly, or because you have not heard from your lawyer lately. Those things do not necessarily mean the attorney is not working hard for you.
Contact your lawyer if you are not sure about the work being done. Ask specific questions and expect satisfactory answers. Your lawyer should meet with you on request to discuss your case. If you cannot reach your lawyer, or do not get satisfactory answers, consider changing lawyers. You also have the right to review your file at any time, read it and ask for copies. If your lawyer will not let you review your file, consult a new attorney.
Can I get money before my case is settled?
Many injuries mean missed work, and unpaid medical and monthly bills add to the harm. Under certain circumstances there may be a way to get money before your case settles: private companies specialize in advancing money to injured people. Be aware that the interest rates they charge can be very high.
The firm is not affiliated with these companies and receives no compensation from them. This question is answered here as a service, because it comes up often in client interviews. To learn more, call (818) 543-1900.
Don’t most lawyers get the same results?
No. Just as all doctors are not alike, neither are all attorneys. Most lawyers have a similar education and have passed the California State Bar exam, but different lawyers have different capabilities.
Experience in handling complex trials is crucial. Jury selection, retaining the most qualified experts and understanding a client’s needs and concerns are all critical steps in preparing for trial. Area of practice matters too: just as a doctor focuses on one area of medicine, you want your attorney to focus on personal injury law. Mr. Salle has practiced personal injury law for more than 30 years.
What is a PI attorney?
“PI” stands for personal injury. Personal injury cases include, among others, motor vehicle accidents (cars, trucks and motorcycles), slip and fall accidents on someone’s property, burn injuries, animal bites, product liability, and pedestrian and bicycle accidents. The practice areas page describes each type of case the firm handles.
Do all cases go to court (trial)?
No. Most civil cases in the United States settle before they ever reach trial. Preparing for trial, retaining experts and the trial itself can be costly. But it is critical to have an attorney with the knowledge, experience, resources and commitment to take your case to trial if the circumstances require it.
What’s the difference between settling and going to trial?
The answer depends on many factors. You and your lawyer should approach your case from the beginning as if it will go to trial. If the other side sees that you are ready, willing and able to go to trial, they are more likely to make a reasonable offer without one.
Your attorney can advise you on whether to accept an offer, but the decision to settle or go to trial is yours: accept the highest offer that can be obtained, or fight in court to try for a better result.
Have a question about your own case?
Call or send the form. The consultation is free, and there is nothing to pay up front.