Nothing upfront. Most personal injury attorneys utilize contingency fees. Under this arrangement, you do not pay for an attorney’s services unless they recover compensation.

The attorney’s payment will be a percentage of the client’s settlement or verdict, typically between 33% and 40%. The percentage will depend on your situation, the attorney’s skill, and the area you live.

A contingency fee minimizes the risk and costs of legal services for accident victims, who are usually struggling with many financial burdens, including medical treatment expenses, lost income, and more.

Contingency fees ensure injured people can obtain legal representation when they might not be able to afford it otherwise.

Moreover, most lawyers offer free consultations to prospective clients. Therefore, it costs almost nothing to hire a lawyer upfront.

In California, you have two years to file most personal injury claims from the accident date. This is known as the statute of limitations, the period from the accident date to when legal action must be taken.

If you miss the deadline that applies to your situation, you will not be able to get compensation.

Insurance agencies will try to delay negotiations so that you cannot meet your deadline. Our personal injury attorneys are fierce negotiators, but we will ensure that we timely file a lawsuit if the insurer fails to negotiate a fair settlement.

The majority of injury cases settle. The injury victim and their attorney will negotiate a fair award that compensates the victim for the accident. 

However, not all injury cases are settled.

An insurance provider may deny the claim or accuse the accident victim. You may need to take your case to trial if this happens to you.

Personal injury lawsuits are not uncommon. If the defendant refuses to settle, initiating a lawsuit may be the only way to recover compensation. This may even encourage the insurer to settle your case at a later date, after you have collected and proffered evidence showing that the defendant is at fault.

Negligence is composed of four elements. You must prove each element by a preponderance of the evidence to receive money for your personal injury claim.

1. Duty of care: You have to show that a party owed you a duty of care arising from law or relationship. An example of duty would be the duty a doctor owes their patient or the duty a motorist owes to others on the road.
2. Breach of duty: You must show that the party breached the duty. You will show breach by demonstrating that an individual failed to act reasonably under the circumstances that led to your catastrophic injury. Typically, a reasonable person would avoid causing harm. A breach might include a driver texting while driving or a store owner failing to clean up a spill.
3. Causation: You must show that someone else caused your accident. You must show that your injuries were a foreseeable result of their conduct and that they would not have happened “but for” the party’s conduct.
4. Damages: You have to prove the damages you experienced due to the accident. If you cannot prove negligence, you cannot win.