Questions and Answers
1Can I get money because of my accident?
If you were hurt in an accident caused by someone else, then you may have the right to seek compensation for your injuries. However, if you are in an accident you caused, such as a single-vehicle crash, then you are unlikely to be able to seek a monetary recovery.
2What is negligence?
If you seek compensation from an individual or business based on injuries they caused you, then in most instances your argument is based on the fact that they were negligent.
3How much does a personal injury case cost?
Each personal injury case is unique and the final cost of working with an attorney depends on a number of factors, particularly how the firm bills.The best way to determine how much your case may cost is to schedule a free consultation with a personal injury attorney and discuss their fees.
1What is a class-action lawsuit?
A class action is a judicial proceeding where usually one or two named plaintiffs represent a much larger group of plaintiffs. Often, the issue is one where there has been an injury to a large enough group of people that individual litigation would be inefficient.
2Can business entities participate in a class action?
Yes. If a business entity has an injury in common with a greater group of plaintiffs that have formed a class, then the business may qualify as a class member.
3What is the legal fee arrangement for a class action?
Lawyers are normally paid on a contingency-fee basis in class actions. This means that the lawyer only collects a legal fee if a positive judgment for the plaintiffs is reached. Due to the high costs of class-action lawsuits, generally contingency-fee arrangements are the best option.
4What is involved when litigating a business issue?
This depends on the issue. The business owner would follow the same process for business litigation as he or she would for any civil lawsuit, including usually obtaining an attorney, pretrial matters such as motions, possible settlement negotiations, trial and possibly appeal.
1Can I be fired without just cause?
In California most workers without a contract are considered "AT WILL" employee's, which means under the California Labor code, you can quit anytime you want to with or without just cause, or your boss can terminate you anytime he wants to without just cause.
2I'm being discriminated against at work, what can I do about it?
Unless you are a member of a group that the government has classified by statute as a protected classification ex. race, religion, gender, age, national origin, etc. the "discrimination" you allude to is nothing more then a personal bias that the law will not be concerned with unless your rights are effected by being within the protected groups enumerated above and the adverse conditions handed you are because of your being a member of the particular group.
3I have just been terminated from my job and human resources has asked me to sign a release In order to give me my severance pay. I refused to sign the paper because I was afraid I might be giving up some of my rights, I wasn't sure. What should I do now?
When you are to be terminated from your job your employer is obligated by law to pay you in full for all monies owed to you that you have earned or are entitled to. Many times severance pay is a bonus that an employer pays you to ease the pain of being terminated and to help you till you can find another job. Many times you will be asked to sign a document though that you have received this severance pay in exchange for your promise not to assert any claims (file a lawsuit ), in the future against your former employer. If you are faced with that decision generally speaking human resources will allow you a few days to show it to an advisor. It is wise to have this type of document reviewed if you have the slightest possibility of filing a lawsuit for Wrongful Termination or some other type of action against your former employer. If you are over 40 years old, by statute you have 21 days from the time you signed the release to cancel it with your employer.
1Can the sellers of dangerous or defective products be held responsible for the injuries they cause?
In many instances, yes. A products liability lawsuit may be brought by or on behalf of an individual injured or killed by a defective product against the manufacturer and possibly the wholesalers, distributors and seller of the defective product.
2What types of damages may be sought in a products liability lawsuit?
Generally speaking, one injured due to a defective product may seek compensation for medical expenses, physical pain and suffering, mental anguish, disfigurement, physical impairment, loss of earning capacity and property damage. In certain cases, one may also be entitled to seek punitive damages. A spouse or child of the victim may seek compensation for loss of consortium. In cases involving death, additional damages may be recoverable as well.
3What about the costs involved in pursuing a case?
Some attorneys will agree to handle cases on a contingency fee arrangement. This means that the attorney will not charge an hourly rate for his or her services, but instead will be paid a percentage of the recovery in the event of a settlement or judgment.
1My builder is ignoring my calls. Am I obligated to contact them in writing before filing a lawsuit?
Under SB800, California’s construction defect law, certain construction defect lawsuits have mandatory procedures you must follow before a claim may be filed. This includes submitting a written notification to the builder regarding the alleged defect, and providing them with a reasonable opportunity to remedy the problem. Even in cases where SB800 does not apply, it is advisable to put all requests between you and your builder in writing, and to keep records of all correspondence concerning the construction.
2Am I at a disadvantage if my contract with the builder has an arbitration clause?
Not necessarily. A law firm experienced in construction contracts will be able to determine whether the arbitration clause is valid and enforceable. In some instances, faulty drafting or improper execution, for example, may result in a clause that could be thrown out in court.
3What should I bring to my initial appointment with my attorney?
Your lawyer will need as much information as you can provide, so be prepared to bring anything you think may assist them in getting a complete picture of the problem. This should include photographs and videos, contracts, work orders, warranty information and copies of written correspondence with the contractor.