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LAW OFFICES OF KEVIN M. HEALY | |
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Personal Injury |
[This page is still "under construction" and developing new content. While the current information should be of assistance to you, there will be several more updates in the weeks to come. You are invited to provide your thoughts and input regarding the development of this page to kmh@healy-law.com] When people think of personal injury law, they generally think first of auto accidents, slip & falls, dog bites, batteries, or other situations where the body has been injured. However, personal injuries also extend to harm to your personal reputation (such as slander and libel), harassment, employment discrimination, and other damage to you generally. In California, the time to act following your injury is startlingly short. In most cases, you must either settle your case or institute a lawsuit (filed with the Court) within a year (and not a day more) of the date of your injury. If your injuries were caused by a government entity (including public schools, utilities, hospitals, transit providers, police departments, or the like), the time is considerably shorter, and involves a special claim process. There are, of course, some exceptions which should be discussed with your attorney, but that is generally the rule. The law which cuts off your case if you do not act in time is called the Statute of Limitations. No matter how right you might be, if you do not act within the Statute of Limitations, your case will be over. Most clients retain or hire their attorneys to work on a contingency fee basis, whereby the attorney only gets paid for his work out of the proceeds of the ultimate settlement. While these fees are actually negotiable, the attorney is not required to accept a fee percentage which is too low. You will find that the larger the potential outcome, the more willing the attorney might be to negotiating a lower fee. It is not uncommon to see fees as low as 20% or as high as 50%, with one-third being most common. This is not to say that the attorney may not be hired on an hourly basis, but contingency fees for personal injury cases are the most common. For more information on fees, see the attorney fee page. It is important to remember that it is legally unethical and prohibited for attorneys to "buy" a case or pay all the costs of a case. As such, the client will always be ultimately responsible for the costs of the case (such as for records, depositions, fees, etc.). What the attorney has at risk if you have no recovery is or loose your case is that he or she will not be paid for his/her time. Therefore, if an attorney ever tells you that he or she will cover everything, you should report them to the State Bar as this is plainly illegal and misrepresents the obligations. Sadly, there have been many clients who have jumped at phone book or broadcast ads which suggested that the client was never at risk for their case, and then get stuck with a surprise bill at the end. While it might scare away cases or clients, Mr. Healy believes it important to highlight this fact before engaging in any representation to make sure that there are no misunderstandings as the case progresses. If you believe that you have a claim or injury which should be paid by someone else (or their insurance policy), you should seek legal advice as soon as possible. It may be that you will need to wait some time to have your injuries resolve or to get a better view of your total damage, but you must act within the Statute of Limitations to protect yourself. Attorneys can enter into tolling agreements to allow you to file later if that is agreeable to all involved. Also, you can find that your attorney can assist you with finding medical care or repair to your property while your case is ongoing. We are truly in a service profession and attorneys are here to help you through the process. This office will provide a FREE INITIAL CONSULTATION with you to determine whether this office will be able to assist you with your case. You can call us to set up an appointment or contact us by e-mail kmh@healy-law.com Depending on the circumstances, an attorney can even meet with you at your location for this free initial consultation. [return to top] [return to home page] © 2003 Law Offices of Kevin M. Healy (916) 441-3900 |
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