RAMONA ATTORNEY
Personal Injury Lawyer In Ramona California

Any claim based upon injuries caused by the negligent or intentional act of another.

It depends on the date you were injured. If your injury occurred prior to 1-1-03, it is necessary to preserve your rights within one year from the date of the injury. If your injury occurred after 1-1-03, a new California Statute of Limitations extends that period to two years. If you don't take certain specific actions to protect your rights within those periods, you have waived all of your rights. Generally speaking, this requires you to settle your claim or file a lawsuit.

An attorney will take over all of the tedious aspects of perfecting your claim. He/she will obtain all of the evidence necessary to prove your claim. This includes documenting all of your damages, obtaining witness statements, taking the deposition of necessary witnesses and opposing parties, arranging for investigators and experts when necessary, preparing and responding to pleadings and representing you in court. Your only responsibility is to obtain the necessary medical treatment so that you can return to a normal productive life as soon as possible.

The California legislature has allowed for the use of a contingency fee to retain legal counsel in personal injury matters. The attorney gets paid from the proceeds of a settlement or judgment. The attorney receives his/her fee only after there is a recovery. This means that you will not be required to pay an hourly fee no matter how many hours the attorney works on your case. This allows anybody to obtain legal representation, even if they cannot afford to pay an attorney's hourly fee. In most cases the attorney will also advance any necessary out of pocket costs. Although, the amount of the attorney's fee is negotiable, the prevailing fee is one third or 33.3% of the recovery.

Although any attorney licensed to practice law in the State of California can legally represent you, it is strongly urged that you retain someone who has considerable experience handling this type of claim. The laws and procedures involved in personal injury cases are intricate and complex. An attorney that is experienced in handling personal injury cases will handle your claim smoothly, efficiently and obtain the maximum recovery possible while avoiding the expensive pitfalls inherent in these types of cases. The Law Offices of Brian J. Stolliker are very experienced in handling personal injury claims. Mr. Stolliker has detailed knowledge of the internal workings of personal injury cases gained from years working as defense counsel (working for the insurance companies) prior to many years representing injured parties.

You are entitled to be compensated (reimbursed) for all damages flowing from the negligent act. Damages are categorized as either "General" or "Special". "Special" damages include the costs of medical treatment, loss of earnings and earning capacity as well as any other "out of pocket" costs related to the accident. "General damages" include the pain, suffering and inconvenience you have been forced to endure. It is important to retain an attorney with experience who will document and present your claim so that you obtain the maximum potential recovery.

Every case is different, however it is customary to wait until you have finished treatment. While you are treating, your attorney should be obtaining all of the necessary records, bills, statements, etc... to properly document your claim. Once you have been released from treatment and the extent of your damages can be determined, an attorney experienced in personal injury cases will prepare a demand package designed to persuade the insurance company to settle the case for the maximum amount. A well prepared and presented demand can result in a quick settlement. As indicated previously, if the parties cannot negotiate a settlement within the Statute of Limitations, the attorney needs to file litigation to preserve the client's rights.

As soon as possible after the accident! Valuable evidence which is vital to your case may be damaged or disappear. Certain evidence such as skid-marks, debris, vehicle damage and witness statements are time sensitive and may not be available to an attorney after a short period of time. It may be necessary to hire an investigator or other expert who will need to inspect perishable evidence. For instance, once the vehicles have been repaired it is impossible to investigate certain aspects of a case. Once injuries have healed, they are harder to document. Witnesses' memories tend to fade with time and they may move or pass away. It is important to preserve and document all potential evidence early on in a claim.

Simple! Call Brian J. Stolliker for a free initial consultation. We will answer all of your questions quickly and accurately without any obligation on your part.