Category: Legislation

What is a Contingency Fee?

What is a Contingency Fee

Fees for Personal Injury Lawyers – Accidents and Lawsuits

A contingency fee is the most popular type of personal injury lawyer fee in California. This means that the lawyer’s fees are a percentage of what a client agrees to pay once their case settles. There is no upfront payment. Contingent means that the lawyer will not receive any compensation for their time representing you if there is no money recovered.

Fee Structure and The Law

Section 6147 of The Business and Professions Code mandates that lawyer fees agreements must be in writing and that they can be negotiated. The percentage that a lawyer charges will vary depending on who is representing you, the type of injury, and the nature of your case.

Why Pay a Contingency Fee?

Injuries claims of merit are prioritized by contingency fees

Personal injury lawyers will not risk their time or money on cases with little chance of success. Most people who are injured want to know from the beginning whether their case is meritorious. A lawyer who refuses to accept a case on a contingent-fee basis is a sign that the case does not have merit. Talking to other lawyers about your case is a smart idea.

It allows victims to get valuable legal help even if they are unable to afford it

Unexpected expenses can result from an accident, which can reduce a victim’s earning potential. These bills can often be more expensive than the victim’s insurance benefits. If they don’t have any insurance, it can become overwhelming. Many people who are injured do not have the funds to pay a retainer or hourly fee for a lawyer. Insurance companies have great resources and pay their lawyers generously for their time.

It eliminates financial risk if you lose your injury case

The lawyer doesn’t earn a fee unless money is collected from a settlement. The lawyer does not get paid if no money is collected. Clients are responsible for paying any fees to the lawyer. This should be clearly stated in the signed agreement between you and your lawyer.

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Contingency Fees Encourage the Best Results for the Client

A contingent fee gives the lawyer the best incentive to achieve results. The more money they get for you, the more they will earn. The contingent fee also gives the lawyer an incentive to get the case resolved as quickly as possible. Insurance lawyers work hourly and are motivated to spend as much time on each case as possible.

The Contingency Fees Allow You to Focus on Recovery

A contingency fee is the best option for most clients when it comes to personal injury lawyer fees. Because it is mutually beneficial, it promotes a healthy client-lawyer relationship. Clients can be sure that their injury lawyer will work hard to achieve results. Their lawyer will fight for them. They can concentrate on their recovery.

Our Lawyers are Here to Help

Insurance companies are constantly trying to lower, control, or eliminate contingency fees. It is the only fee arrangement that allows accident victims to hire experienced lawyers to defend their rights. A contingency fee is a fee that covers the cost of legal representation. Without it, most people would not be able to bear the financial burden or risk of seeking legal assistance. It also makes it very difficult to get the best settlement.

California Personal Injury Lawyers

John W. Stenson Accident & Injury Lawyers have helped victims of motorcycle accidents and car accidents. Since the beginning, our company has offered free legal consultations to all clients. We believe that everyone should understand what they are getting into when filing a personal injury case. We are here to help you if you have been hurt in an accident.

 

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What are the Statues of Limitations For Personal Injury Law in California?

how long to file a claim in ca

Do you know the time limit that California law allows you to file a personal injury case? You will lose your right to recover damages if you delay. It is essential to understand the California statutes of limitations regarding personal injury law. California law can be overwhelming for individuals trying to understand the complex legal language, stipulations, and limitations that govern what you can and cannot do. Hann Law understands that this can be overwhelming.

This article will explain the statute of limitations, the exceptions to it, and other information that will help you be better prepared to file a personal injury lawsuit in California.

What is the statute of limitations in California?

Personal injury lawsuits are barred for two years after an accident or injury occurs in California. There are exceptions to this rule, but the default is two years. Your legal rights to sue another party end after that time.

Although two years may seem like a long time, it is essential to contact a personal injury lawyer as soon as possible in order to start the process and protect your rights. Your case can be filed faster if your attorney has the evidence.

What if the statute of limitations has expired? Can I still sue?

Even if the statute has expired, you can still file a personal injury lawsuit. However, it is almost always impossible to succeed. This is because defendants will often use expiration to dismiss a case. Except for some exceptions provided by state law, there is no way to alter this.

Additionally, settlements are subject to the personal injury statute. The law prohibits you from seeking damages for more than two years. You will not be able to sue the defendant if you do not settle within that time frame.

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What are the exceptions?

California recognizes that you may not be able to file your legal claim within the time limit. Some situations may allow you to extend the time limit or delay the start of the two-year statute of limitations to preserve the fairness of the statute.

This is the most common. This rule applies to situations in which you don’t know you’re injured immediately or that another party’s negligence caused your accident. In these cases, the statute begins to run when you realize you are injured or learn of the negligence of another party.

The second type of extension is if the defendant of your lawsuit leaves the state prior to your filing. The lawsuit cannot proceed because you are unable to serve the defendant. The statute of limitations ceases to apply if the defendant is not in California. If the defendant returns to California, they could be subject to additional legal problems.

A personal injury lawyer will first review your case and determine if there is a valid claim. They can also determine if any extensions may be available to you to allow you to file. There are many extensions available, which can be used to cover a variety of situations. An experienced attorney will help you keep up to date with the situation and identify any issues as they occur.

How about suing a government entity?

California’s state and local governments can make personal injury claims. However, they work differently. Your injury must first be due to negligence by the entity. You may be injured by a badly maintained government building. A second requirement is that your lawsuit follows a certain sequence of events.

You should file an administrative claim before you can file a personal injury suit against the government. This is the first step to all other claims. You must file it within six months of your injury. After you have filed, the entity has 45 days to respond.

You can file a lawsuit against them if they do not respond within two years from the date you sustained your injury (the standard statutes of limitations). You can file a lawsuit even if they deny your claim. However, you must file it within six months.

Are malpractice claims included in personal injury law?

Although medical malpractice cases can cause personal injury, they are treated as a separate type of case by the law. They have their own statute of limitations, one year instead of two, and are subject to unique restrictions.

You should ensure that your lawyer is experienced in handling malpractice cases if you are considering suing. While malpractice claims are similar to personal injury claims in many ways, they can also have significant differences.

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John W. Stenson Law Office can help

John W. Stenson Accident and Injury Lawyers in Los Angeles can help you if you’ve been hurt in an accident in California. We are here to assist you. We offer a thoughtful approach to personal injury cases. We help you get the compensation that you deserve while you concentrate on your recovery. We are experienced litigators who know how to win. Contact us today to learn how we can help get you the justice that you deserve.