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FAQs (Frequently Asked Questions)

1. What kinds of cases do you handle?

For the past 20 years, our practice has focused principally on the following areas:

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2. Do I need an attorney or can I handle my own case?

You need an attorney if you want to maximize your potential recovery. If you played cards against a professional poker player, you could win, but how likely is that ? Now imagine that you didn't even know the rules of poker. What would your chances be then? If you represent yourself, you are playing against a professional in a game where you don't even know the rules.

Insurance companies and corporations are in business to take in the most money and pay out the least money. Their employees are trained professionals, attorneys or otherwise, who handle hundreds of insurance claims and legal cases each year. Don't believe the TV ads and hype about insurers and companies caring about their customers. Caring isn't their job, profit is.

Experienced accident attorneys know what your claim is worth and what your chances are to get a settlement or jury verdict for a given amount of money. You don't. Personal injury attorneys know how to build and present a legal case. To get what you deserve from an insurance company, corporation or government entity, you have to convince them that a judge and jury will find in your favor if they don't treat you fairly. Personal injury attorneys do that for a living. You don't.

See Personal Injury, Medical Malpractice, Class Action

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3. How are your attorney fees paid?

We work on a contingent (percentage) basis. We collect no fees unless there are monies paid for your case.

See Personal Injury, Medical Malpractice, Class Action

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4. What do I have to prove to win my automobile accident case ?

A auto negligence case requires that you prove three elements

  1. DUTY - someone owed you a duty to use reasonable care in performing some task, like operating a car within the rules of the road;
  2. BREACH OF DUTY - someone breached such a duty, such as by driving too fast or an unsafe lane change; and
  3. DAMAGES - someone's breach of a duty of care to you caused you some form of damages, such as personal injuries.

These apply regardless of whether you were a driver, a passenger, or a pedestrian involved in an auto accident.

Each of these things must be proven to establish a negligence claim. Furthermore, even after you establish these elements, the person must have money with which to pay you for your damages. For the vast majority of injury claims (excepting injuries intentionally inflicted or certain other very narrow categories), the defendant can, and often will, declare bankruptcy, wiping out your claim.

WE CANNOT STRESS ENOUGH the need to insure yourself against others negligence and/or insolvency, through uninsured motorist coverage, health insurance and any other means necessary (e.g. sound financial planning) to make sure that you can afford to bear the consequences of someone else injuring you. DO NOT COUNT ON THE OTHER PERSON TO BE RESPONSIBLE, even where they are required to have insurance under law.

See: Personal Injury, Auto Insurance, Health Insurance

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5. What do I have to prove to win my bus accident case?

A bus accident case requires that you prove:

  1. DUTY - someone (the bus driver or another driver) owed you a duty to use reasonable care in performing some task, like operating a car (or the bus) within the rules of the road;
  2. BREACH OF DUTY - someone breached such a duty, be it the bus driver or another driver;
  3. DAMAGES - the bus driver's (or someone else's) breach of a duty of care to you caused you some form of damages, such as personal injuries.

These apply regardless of whether you were a driver, a passenger, or a pedestrian involved in a bus accident.

Each of these things must be proven to establish a negligence claim. Furthermore, even after you establish these elements, the person must have money with which to pay you for your damages. For the vast majority of injury claims (excepting injuries intentionally inflicted or certain other very narrow categories), the defendant can, and often will, declare bankruptcy, wiping out your claim.

WE CANNOT STRESS ENOUGH the need to insure yourself against others negligence and/or insolvency, through uninsured motorist coverage, health insurance and any other means necessary (e.g. sound financial planning) to make sure that you can afford to bear the consequences of someone else injuring you. DO NOT COUNT ON THE OTHER PERSON TO BE RESPONSIBLE, even where they are required to have insurance under law.

See: Personal Injury, Auto Insurance, Health Insurance

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6.What do I have to prove to win my bicycle accident case?

BICYCLISTS TAKE NOTE - there is a substantial prejudice against bicyclists when they are involved in accidents with cars or pedestrians. The bike rider in such an accident will not often get the benefit of the doubt - traffic officers, insurance adjusters and other investigators will tend to assume that the bike rider caused the accident. This is why it is very important that all the an attorney be involved in the initial phases of your claim when liability is determined.

A bicycle accident case requires that you prove:

  1. DUTY - someone owed you a duty to use reasonable care in performing some task, like operating a car within the rules of the road;
  2. BREACH OF DUTY - someone breached such a duty, such as by driving too fast or an unsafe lane change; and
  3. DAMAGES - someone's breach of a duty of care to you caused you some form of damages, such as personal injuries.

These apply regardless of whether you were a driver, a passenger, or a pedestrian involved in an motorcycle accident.

Each of these things must be proven to establish a negligence claim. Furthermore, even after you establish these elements, the person must have money with which to pay you for your damages. For the vast majority of injury claims (excepting injuries intentionally inflicted or certain other very narrow categories), the defendant can, and often will, declare bankruptcy, wiping out your claim.

WE CANNOT STRESS ENOUGH the need to insure yourself against others negligence and/or insolvency, through uninsured motorist coverage, health insurance and any other means necessary (e.g. sound financial planning) to make sure that you can afford to bear the consequences of someone else injuring you. DO NOT COUNT ON THE OTHER PERSON TO BE RESPONSIBLE, even where they are required to have insurance under law.

See: Personal Injury, Auto Insurance, Health Insurance

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7. What do I have to prove to win my defective product case?

There are a variety of detailed elements in a defective product case which can be generally reduced to the following:

  1. The party or parties you are making a claim against designed, manufactured or sold a defective product;
  2. The product in question was defective at the time it left a given party's posession;
  3. The product, at the time of injury, was being used
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8. What do I have to prove to win my dog bite / attack or animal bite / attack case?

If you were attacked by a normal domestic dog or other pet, and the bite happened in a public place or while you were lawfully on private property (e.g. visiting the dog's owner), you must prove that:

  1. The person you are making a claim against in fact owned the dog or other animal; and
  2. The attack was a substantial factor in causing you injury

If you were attacked by a normal domestic dog or any other domesticated animal under any other circumstances, you must prove that:

  1. The person you are making a claim against in fact owned the dog or other animal;
  2. The dog or other animal had an unusually dangerous nature or tendency;
  3. Before you were injured, the dog/animal owner knew or should have known of its dangerous nature or tendency; and
  4. The attack was a substantial factor in causing you injury

NOTE if you are attacked by a non-domesticated animal (e.g. someone keeping a normally wild animal as a pet),

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9. What do I have to prove to win my motorcycle accident case ?

MOTORCYCLISTS TAKE NOTE - there is a substantial prejudice against motorcyclists when they are involved in accidents with cars or pedestrians. The bike rider in such an accident will not often get the benefit of the doubt - traffic officers, insurance adjusters and other investigators will tend to assume that the bike rider caused the accident. This is why it is very important that all the an attorney be involved in the initial phases of your claim when liability is determined.

A motorcycle accident case requires that you prove:

  1. DUTY - someone owed you a duty to use reasonable care in performing some task, like operating a car within the rules of the road;
  2. BREACH OF DUTY - someone breached such a duty, such as by driving too fast or an unsafe lane change; and
  3. DAMAGES - someone's breach of a duty of care to you caused you some form of damages, such as personal injuries.

These apply regardless of whether you were a driver, a passenger, or a pedestrian involved in an motorcycle accident.

Each of these things must be proven to establish a negligence claim. Furthermore, even after you establish these elements, the person must have money with which to pay you for your damages. For the vast majority of injury claims (excepting injuries intentionally inflicted or certain other very narrow categories), the defendant can, and often will, declare bankruptcy, wiping out your claim.

WE CANNOT STRESS ENOUGH the need to insure yourself against others negligence and/or insolvency, through uninsured motorist coverage, health insurance and any other means necessary (e.g. sound financial planning) to make sure that you can afford to bear the consequences of someone else injuring you. DO NOT COUNT ON THE OTHER PERSON TO BE RESPONSIBLE, even where they are required to have insurance under law.

See: Personal Injury, Auto Insurance, Health Insurance

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10. What do I have to prove to win my slip and fall case?

A slip and fall (premises liability) case requires that you prove three elements

  1. DANGEROUS CONDITION - a dangerous condition must be present on the property (e.g. a wet floor);
  2. CONTROL - the defendant you are making a claim against (or their employees) must have had some form of control over the premises sufficient to give them legal responsibility for preventing the dangerous condition;
  3. NOTICE - the defendant you are making a claim against must have had actual notice of the existence of the dangerous condition or must have been so careless in inspecting for dangerous conditions that the law says they should have known of the dangerous condition if they had exercised reasonable efforts to discover it ("constructive" notice); and
  4. DAMAGES - the dangerous condition must be a substantial factor in causing the injuries you sustained.

Each of these things must be proven to establish a premises liability claim . Furthermore, even after you establish these elements, the person must have money with which to pay you for your damages. For the vast majority of injury claims (excepting injuries intentionally inflicted or certain other very narrow categories), the defendant can, and often will, declare bankruptcy, wiping out your claim.

WE CANNOT STRESS ENOUGH the need to insure yourself against others negligence and/or insolvency, through health insurance and any other means necessary (e.g. sound financial planning) to make sure that you can afford to bear the consequences of someone else injuring you. DO NOT COUNT ON THE OTHER PERSON TO BE RESPONSIBLE, even where they are required to have insurance under law.

See: Personal Injury, Slip and Fall, Premises Liability

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11. Do I have a good case? Will I win?

Give us a call and find out. Our 20+ years of experience in accident and injury law allows us to accurately, honestly and thoroughly advise you as to their chances of recovery and to estimate the potential value of your case.

See Personal Injury, Auto, Medical Malpractice

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12. Common Misconceptions

I'm not interested in making money, I just want what's fair.

You will likely lose your case or grossly shortchange yourself if you approach your case with this attitude.

Everyone else involved in your case is "in it for the money", namely, keeping theirs in their pockets and away from you, regardless of what they may have done to you or the fact that it is their fault you have suffered due to their careless or willful behavior.

The civil justice system is geared toward one primary goal - paying you money to make up for harm you suffered at the hands of someone else. If money isn't your primary goal, you're the only one involved with your case that isn't utilizing the system for what it's designed for, and you will suffer as a result.

See Personal Injury

I have "full coverage" auto insurance.

More than half of the people who we've heard say this over the years in fact have only the minimum legal limits of coverage in California. They don't have medical payments coverage, uninsured motorist coverage, comprehensive, collision, rental car, or any other coverage but liability. Liability coverage will only help the other people involved in an accident where the accident was your fault. It does nothing to help you when the accident isn't your fault. Sadly, many insurance agents fail to explain these facts to their customers.

REMEMBER - whenever you hear the words "full coverage", many people, agents included, use this term to mean "minimum liability limits" rather than the all-inclusive coverage the term implies. Know what your policy really covers before you get behind the wheel.

See: Auto

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