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Whether you were injured in a car accident, sustained a dog bite, or slipped and fell at the grocery store, you might be wondering if you need a California personal injury lawyer. Filing an injury lawsuit is a complex process that can be tricky for most who are not in the legal industry to navigate.
If you do not know and adhere to the different laws and requirements, you could lose out on all or most of the opportunities available for pursuing the compensation that may be owed to you. If you suffer a serious bodily injury due to someone else’s negligence, it could help to consult someone with the skills and experience to handle your claim. Relying on someone without legal experience in the relevant practice area could negatively affect your claims.
When negligence is involved, victims can potentially pursue compensation for various types of accidents and bodily injuries. In these cases, hiring a lawyer will likely be worth the monetary investment.
In certain situations, an attorney can help clients pursue compensation by addressing legal challenges that arise during the claims process. Without legal representation, an injured party might seek less than they deserve under the law. It is essential to understand the pros and cons of hiring a California personal injury lawyer before deciding to do so.
Can You Afford A California Personal Injury Attorney?
If your California personal injury lawyer works on a contingency fee, you can likely afford to hire them. When you hire a personal injury attorney who works on a contingency fee basis, they only get paid if you receive a settlement or a court award.
You don’t pay a fee for your initial consultation or any money up front. It’s only in the scenario where you receive compensation for your injuries that their prices and costs are paid out of that final settlement or award. Contingency fee arrangements vary, and attorneys discuss the specific percentage with potential clients during the onboarding process. If they do not get funds for your injuries, you owe them no attorney’s fees, though they may ask that you shoulder some additional case-related costs regardless of the outcome of your claim.
After an accident, the two most common questions victims will ask are:
- Do I need a lawyer?
- How much does a lawyer cost?
While it’s a common concern that legal services can be costly, the idea that a personal injury attorney comes with a hefty price tag is often misunderstood. The contingency fee agreement aims to help individuals who are injured and already facing financial distress. They may need to file a claim, and this payment structure works to improve their access to legal representation so they don’t need to worry about being their own attorney. An attorney may also be necessary if you’re facing catastrophic injuries, as they lead to significant losses.
The Pro Se Plaintiff
California law allows injured parties, or plaintiffs, to represent themselves in court. When a party represents themselves instead of a California personal injury lawyer, they are a pro se litigant. However, there are no special rules or exceptions for pro se litigants. They must adhere to the same requirements and regulations as a licensed attorney would. The pro se litigant’s complaint must be filed within the statute of limitations, following the legal steps and procedures outlined in California law, just as an attorney would.
If a pro se plaintiff fails to meet an injury lawsuit’s procedural requirements in some courts, they may lose their claim. Having a case dismissed on a procedural basis can be a hard pill to swallow, as it usually has nothing to do with the plaintiff’s ability to prove their case. There are judges in California who are more lenient on plaintiffs who choose to represent themselves; however, most are likely to enforce the statute of limitations since it is meant to aid the legal process. For example, finding supporting evidence for a case will be harder once a certain amount of time has passed.
The benefit of filing a pro se lawsuit is that you will not pay attorney fees from any settlement or award you potentially receive, though you will still be responsible for court costs and other case-related expenses. However, even though there are scenarios where you likely don’t need an attorney after an accident, it may still be more challenging for you to pursue compensation on your own.
Why People Decide To Hire A California Personal Injury Lawyer
There is a reason why most injury lawyers spend years in school and must pass a rigorous examination before they can practice. Laws are inherently complicated, and the potential for messing up somewhere in the process of a case is high. What you might think is an innocent minor mistake could weaken your claim. It might not be worth risking your legal rights to save money.
A personal injury lawyer can help you assess the extent of your losses, demonstrate your damages, negotiate a settlement that considers them, and represent you in court if necessary. They could also prevent you from making mistakes that negatively impact your case, such as unconsciously making recorded statements that contradict the contents of your claim. Essentially, hiring a California personal injury lawyer could help you focus on recovering from your injuries while they handle the legal side of your accident.
A California Personal Injury Lawyer Values Damages
Damages are the monetary basis for your injury claim. It is imperative for all personal injury cases to include all of their losses in the lawsuit and request amounts that reflect their impact on a victim’s life. Cataloging all damages can be exceptionally crucial if you have not yet healed from your injuries, received all of your medical bills, or gone back to work.
If you find you have more damages once your case is closed, you cannot file a second lawsuit for the same accident. An experienced California personal injury attorney can help you evaluate the extent of your recoverable damages, including pain and suffering, and advocate for compensation based on your specific circumstances.
Do You Need An Attorney?
You might be reluctant to talk to a personal injury attorney due to how much it might cost. If you consult a California personal injury lawyer who works on a contingency fee, you won’t have to worry about this. You could book a free initial consultation first to see if you’d like to work with them. If you do and have grounds to file a claim, you only need to pay attorney’s fees if you receive a settlement or court award. In this scenario, your attorney will take the amount or percentage that you agreed upon when you hired them, and the rest will be yours.
Reasons To Hire An Attorney On Contingency
Hiring a personal injury attorney who will work on a contingency fee basis can be helpful in several ways. The major ones are that you don’t need money up front to retain them and represent your claim through the process. Additionally, your attorney has an incentive to pursue your claim diligently since their payment depends on recovering compensation for you. If no recovery is obtained, you don’t pay attorney’s fees, but you should discuss potential case costs with your attorney before proceeding.
What Will A California Personal Injury Attorney Charge?
Contingency fees for personal injury lawyers in California typically fall within a common range, with specific percentages discussed during your consultation. Most cases are settled before a trial occurs. In some cases, however, they do end up going to trial. If the case ends up in court, the attorney fees may increase by specific percentages determined by your fee agreement. Some accident lawyers work on a sliding scale, and the percentage they collect will depend on the stage at which your case is resolved.
If you receive compensation, lawyers may charge you for miscellaneous costs incurred during the case, regardless of the outcome.
If your lawyer is not successful in winning your claim, your attorney can explain their specific policy regarding case costs.
Can You Hire Any Lawyer For A Personal Injury Claim?
Many attorneys and law firms dabble in various areas of law. When you seek compensation for the injuries you received, you need a lawyer who specifically practices personal injury law. If personal injury law is not their focus, ask for a referral to a lawyer who handles these types of cases.
Consider this example. An attorney who is a general practitioner but deals mostly in divorce law took on a car accident case. This attorney handled this case for a while, but his negotiations with the insurance adjuster reached a stalemate. His client was offered a settlement of $50,000, but he demanded $65,000 on behalf of the client.
Realizing he wasn’t making much progress, the attorney referred the case to a personal injury law firm. The new law firm’s car accident lawyers reviewed the case details and found that the client’s damages and the defendant’s liability appeared substantial. The client had a considerable shoulder injury that required surgery.
The new firm’s findings implied that the $65,000 demand was too low. It took proactive steps to advance the case, utilizing its attorneys’ personal injury experience and skills to negotiate a higher settlement that more closely reflected the client’s actual losses.
Disclaimer: This example is for illustrative purposes only. Past case results do not guarantee or predict a similar outcome in any future matter. Every case is unique and must be evaluated on its own facts and circumstances. For legal guidance specific to your situation, please consult a qualified attorney.
Is Suing Necessary After A Personal Injury?
Hiring a California personal injury attorney does not necessarily mean that you are going to file a lawsuit. You must first learn whether it can be settled out of court or if pursuing compensation for your injuries will require litigation. Most accident victims and even their attorneys would prefer to resolve cases out of court. Litigation is time-consuming, expensive, and frustrating. After suffering a severe injury, you will likely want to avoid this stress as well. However, as the client, you will generally get to decide if you wish to settle your case or proceed to litigation, if both are viable options for your case.
However, the vast majority of personal injury claims do not go to trial. They settle before getting to that point. Sometimes, all it takes is an attorney who will be proactive by filing a lawsuit and getting a trial date issued by the overseeing judge to push negotiations forward. In other instances, filing a personal injury lawsuit is necessary so that the injured plaintiff can pursue the compensation that may be available for their case. A lawyer can be particularly helpful in this scenario, particularly if you are unfamiliar with the tasks involved in litigation.
Arash Law: Your California Personal Injury Advocates
Filing a personal injury claim and pursuing litigation can be challenging. Our personal injury attorneys know how to handle these processes on our clients’ behalf. When you consult with us, you can ask more about our services so you can decide whether hiring a personal injury attorney is worth your while.
We advocate for our personal injury clients to pursue compensation based on their specific losses. Our California personal injury attorneys have years of combined experience and have represented injury victims in a wide range of cases, including those involving traffic accidents, hotel accidents, and more. We represent personal injury clients in Riverside, San Francisco, San Jose, San Diego, Sacramento, Sherman Oaks, and across California.
Contact Arash Law today at (888) 488-1391 or complete our “Do I Have A Case?” form for a free initial consultation. We only charge attorney’s fees if your case is successful. However, you may have to cover some costs associated with your case, no matter the result. There are no hidden fees, and we are committed to full transparency regarding all potential costs.
