Personal Injury Attorney Campbell CA
We take pride in helping people be compensated for an injury suffered at the hands of another; it is an important part of our law practice. After doing this for a lot of years, we know that there really is no such thing as a “windfall.” For every case that makes the papers because of a huge verdict or settlement, there are literally thousands for which little or no recovery was obtained, because liability was denied, or because there was no insurance, or because the likely recovery was much smaller than the potential risk. Insurance adjusters generally make claimants jump through a lot of hoops before parting with any cash and often have unrealistic ideas about what a case is worth.
We are not embarrassed or afraid to ask for money as damages for clients who have been injured. People need to take responsibility for their mistakes, whether by neglect or intent, by compensating those who are injured as a result thereof. This is the purpose of the civil justice system. The law protects those who are unable to pay by providing statutory exemptions to the enforcement of judgments. It also allows judgment debtors to have a “fresh start” by filing a bankruptcy petition. This is why a realistic assessment of potential risks must consider insurance coverage and the financial solvency of the defendant
Therefore, we are very choosy about the personal injury cases we accept and are able to give realistic and practical advice to our clients when they have questions about the expected outcome of a case.
Although we are conservative in terms of estimating the value of a personal injury case, we never forget that getting the best result possible for the client is the goal. To that end, we are not afraid to try cases when necessary, because sometimes that is the only way to be fairly compensated for an injury.
Personal Injury FAQ
What do you mean by the term “damages?” Are all damages the same?
What is a “contingency fee?” Why do personal injury lawyers ask for so much of my recovery?
My attorney only wrote a few letters and made a few calls. Why is she getting so much money?
What happens if my doctor’s bills are more than my recovery?
Do I really need an attorney?
In some cases you may be able to persuade the person who caused the injury (or his insurer) to fairly compensate you for all of your tangible and intangible losses, without hiring an attorney. There is nothing wrong with doing this, as long as you consider all possible losses that you may suffer in the future. (Once you “settle,” you lose the right to demand any further compensation.) Representing yourself may be your only alternative when the damages suffered are relatively small; you can file a claim in Small Claims Court for up to $7,500.00. In a large personal injury case which is covered by insurance, the insurance company is more likely to put up a fight. Experience has shown that insurance companies are only in business to make money. There is nothing wrong with this. Insurance companies provide a system in which we “share the risk.” Convincing an insurance company that it should write a large check takes finesse, a thorough understanding of the legal system, and the willingness to go to trial. While Small Claims Court is “user friendly,” the same cannot be said for Superior Court where an “in pro per” litigant can easily lose on a “technicality.” In such cases it is always better to be represented by an attorney.
The situation is more complicated if there is no insurance. If a defendant is un-insured or under-insured, there may still be assets available to satisfy a judgment. However, this increases the difficulty (and risk) for the attorney and thus decreases the incentive to take a case. There are no easy answers; each case is unique and must be evaluated on its own merits and of course nothing in this FAQ should be construed as legal advice in your particular matter.
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What do you mean by the term “damages?” Are all damages the same?
“Damages” means the money awarded to a plaintiff (the person who sued) in a lawsuit. “Special damages” are for those items caused by the injury, such as doctor’s bills, lost wages, and property loss. They can be quantified; they are proven with receipts, wage statements, bills and so forth. “General damages” is what a jury can award for pain, suffering, inconvenience and other intangible losses. Contrary to popular belief, there is no “formula” for calculating general damages, so it is very difficult to estimate the general damages a jury might award. If a defendant believes that there is a substantial risk of a high general damage award, the defendant will likely be interested in settling out of court. On the other hand, simply asking for a lot of money does not “scare” a defendant into paying it. It may sound callous but in general it all boils down to a cost/benefit analysis. “Punitive” damages are damages awarded to punish a defendant for its conduct. They are difficult to prove and obtain; it requires a showing of truly egregious conduct that would shock a reasonable person.
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What is a “contingency fee?” Why do personal injury lawyers ask for so much of my recovery?
Contingency fee arrangements are common in personal injury cases because it is the only way to ensure that everyone has equal access to our civil justice system. In a contingency fee arrangement, the attorney agrees that fees will be taken out of any recovery obtained, based upon an agreed percentage. If no recovery is obtained, the attorney gets nothing.
The contingency percentage is not set by law; but by agreement. A client should be careful to determine what the attorney’s percentage is based upon (e.g. the gross or the net recovery) and the fee agreement also needs to be clear about responsibility for “costs.” (Fees paid during litigation for things such as depositions, subpoenas, jury fees, expert witnesses, etc.) If the client doesn’t like the fee proposal made, the client is free to make a different proposal or find another attorney.
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My attorney only wrote a few letters and made a few calls. Why is she getting so much money?
Attorneys are often criticized for making “windfall” profits at their clients’ expense. In our experience, “windfalls” are rare but, when they occur, are completely justified. Litigation is very risky and expensive. Without the possibility of a windfall, there would be very few attorneys willing to represent plaintiffs. It is more often the case that plaintiffs’ attorneys make less than what they would make being paid by the hour, and for every “windfall” fee, there are probably 50 cases where the attorney lost money.
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What happens if my doctor’s bills are more than my recovery?
This is one of the most difficult and challenging aspects of personal injury litigation. There are rules regarding the amount that a medical provider or insurance company can be reimbursed in the event a recovery is obtained from a third party for an injury or if the recovery is smaller than the bills. This is a complicated question that is ill-suited for discussion as a frequently asked question.