If you or someone you know has been injured in an accident that happened because of someone else's negligence, compensation for out-of-pocket expenses (such as medical bills, lost time from work, and property damage) and for pain and suffering may be available depending upon whether sources of recovery are present. These would include the offending party's or possibly their employer's insurance and/or personal assets or, if none, then whether you, as the accident victim, maintain your own insurance against this risk (for example, uninsured/underinsured motorist coverage). In other words, it is one thing to have a viable personal injury claim for damages; it is quite another to collect it.

Personal injury claims can arise in a variety of accident scenarios: pedestrian or vehicular occupant collisions, slips or trips and falls from dangerous conditions of property, malfunctioning or defective products and machinery, professional malpractice, and the like. Depending upon the type of occurrence which causes your personal injuries and damages, California provides a one-year statute of limitation for most cases except those involving professional malpractice. This means that in order to preserve your claim, a formal action must be filed in the appropriate Court within one (1) year from the date of injury.

Medical, legal and accountancy malpractice claims are governed by different statues of limitation, and one should consult an attorney immediately upon discovery of information from which a reasonable person would conclude that incompetent professional services were provided. In addition, in the event your personal injury claim involves a public entity or one of its employees, a written claim must be presented to the appropriate governmental entity within six (6) months of the date of occurrence in order to preserve your right to file a complaint in Court should the matter go unsettled. In short, it is good advice to discuss your case, whatever its nature, with an attorney as soon as possible after the accident or at such time you become aware that professional services may have been incompetently rendered.

Typically, attorneys handle personal injury claims on a contingency fee basis rather than on an hourly basis. This means that the attorney earns a fee on a percentage basis of the total recovery as opposed to the client paying for the attorney's services on an hourly basis as the case proceeds. In order for an attorney to recover a fee in a contingency matter, the attorney must obtain either a settlement, an arbitration award, or a trial verdict. In the event a personal injury matter is unsuccessful, meaning that money is not recovered on behalf of the client, the attorney is not entitled to a fee. Hence, the meaning of the term "contingency" fee.

Accidents are not a commonplace occurrence in our lives. Therefore, when they do happen, most people have questions concerning the topics addressed above as well as many others concerning areas such as health insurance coverage, where to obtain medical care, appraisal and repair of automobile damage, on-the-job accidents caused by third persons, and so forth. I will be pleased to discuss all of your questions and concerns with you during a consultation at no obligation or charge