Los Angeles Personal Injury Lawyer Blog

Damages Recoverable IN Negligence Cases - Part II - Economic Damages

2009-08-08T22:02:04Z

California distinguishes between two types of damages in negligence cases. There is Pain & Suffering Damage, which was discussed in an earlier post, referred to in California Jury Instructions as Non-Economic Damages. There is also another type of damage referred to in the Jury Instructions as Economic Damages. Economic damages can constitute an important part of overall damages. Economic damages includes lost wages, lost earning capacity, future loss of earnings, medical expenses, and other expenses incurred as a direct result of suffering injury caused by the negligence of another.

If you have been injured by the negligence of another, it is wise to keep a record of all economic damages incurred as a result of the injury. Depending on how the expenses are paid for, the record should consist of cancelled checks, credit card statements, invoices for services, receipts for medicine, and itemized billing from healthcare providers including doctors, nurses, rehabilitation therapists, and vocational rehabilitation counselors. Other expenses could include rental car, transportation, household help, medical equipment, deductibles paid, and possibly late fees on outstanding obligations because of loss of income.

Good record keeping means your attorney can properly and accurately present your economic damages to either an insurance claims adjuster or a trier of fact at time of mediation, arbitration or trial. Making claims for economic damages with supporting documentation is fraught with peril. If you are out-of-work because of the injury, the economic loss can be calculated by extrapolating what you were earning before the injury to determining wage loss. Sometimes that wage loss is established by an employer's verification. In cases where the injured person is self-employed, the proof of wage loss becomes more challenging, but still can be accomplished.

To ensure you have the maximum potential to recover your economic damages, keep your records organized from the beginning. If you failed to do that and you are still involved in pursuing damages for an injury suffered as a result of another's negligence, start reconstructing the record as soon as possible. Don't wait until the adversary demands production of the documents. Indeed, your attorney, assuming you have engaged legal counsel, should be instructing you to keep your economic records to document your loss for either settlement or trial.

By keeping a contemporaneous record of economic damages, you will maximize your potential recovery of this aspect of your loss. So, what are you waiting for? Get to work and start organizing your records.

What Is Pain And Suffering In A California Personal Injury Case? And How To Document "Pain And Suffering" To Maximize Your Personal Injury Recovery

2009-07-21T21:17:46Z

The phrase "Pain and Suffering" is used in California to describe compensable damages for physical injury or emotional distress that results from a personal injury. Almost four decades ago, the California Supreme Court addressed this issue stating: "In general, courts have not attempted to draw distinctions between the elements of "pain" on the one hand, and "suffering" on the other; rather, the unitary concept of "pain and suffering" has served as a convenient label under which a plaintiff may recover not only for physical pain for fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation, indignity, embarrassment, apprehension, terror or ordeal." Capelouto v. Kaiser Found. Hosps. (1972) 7 Cal. 3d 889, 892-893.

A person injured by the negligent or wrongful conduct of another is entitled to recover "pain and suffering" damages. Injured persons commonly suffer great interruption in their lives. Small details and mundane routines become painful and difficult. Sleepless nights, stiffness, pain, fear of undergoing medical treatment or worrying that one might fully recover from a physical or emotional harm are common thoughts and experiences. Other injured people become nervous and worry about their jobs, home life, and overall health. When a person is seriously injured in a personal injury action, the person's mind often races with a flood of fears, worries. Embarrassment and indignity frequently accompany being disabled or disfigured from a personal injury accident.

These experiences are so common that they are hardly questioned as authentic symptoms of an accident. But the severity, frequency, and length of time that these symptoms and experiences last are hard fought over in litigation. Unfortunately, the injured person, pre-occupied with the sudden onset of the accident, the pain, and interference in the quality of his or her life, fails to record what is happening in his or her life. Compensable forms of emotional stress need to be documented if a lawsuit is contemplated or underway.

The problem that many injured people face is trying to reconstruct all their thoughts that plagued them as they suffered living day by day after being injured. Whether it is presenting information to an insurance claims adjuster, a mediator, an arbitrator or to a jury or a judge at time of trial, comprehensive and accurate rendition of the emotional distress is essential to maximizing recovery. One easy and simple solution is to keep a daily diary of how you are doing, your thoughts, and your emotions, your concerns about your injury, recovery, and financial affairs during recovery.

This diary should be marked 'FOR MY ATTORNEY" even if you don't yet have an attorney. By labeling the daily diary "FOR MY ATTORNEY" that may preserve the attorney-client privilege and maintain the confidentiality of your thought processes. Naturally, during discovery, settlement or trial, these elements of "pain and suffering" will have to be fully disclosed and explored. By having a contemporaneous record, you will be in much better position to explain your "pain and suffering " and maximize your personal injury recovery.

What The Law Really Thinks About Juries

2009-07-01T01:49:07Z

Common law throughout the United States includes the concept that when a court has jurisdiction, it is within that court's authority to prevent multiple lawsuits between the same parties arising out the same mishap because there might be inconsistent jury verdicts on the same facts. The legal system has to at least present that it dispenses justice or it will not be obeyed by the good citizen.

Injustice spawns disrespect. So, in order to avoid what would surrender any ground to the noble notion of being able to dispense justice, the legal system insists it must not allow inconsistent results when the results should, if justice prevails, be the same. Accordingly, it is easy to see that our legal system reveres the jury system up to the point of not letting different juries decide the same facts. To allow that would be too risky. And, there you have it.

How To Hire An Attorney To Handle A Motorcycle Accident Case

2009-06-28T21:35:10Z

Los Angeles is filled with lawyers claiming to be experts in handling motorcycle accidents. Many claim to have special empathy because they too are riders. Some claim to have handled tens of thousands of cases. Some attorneys depict themselves on a motorcycle to grab the injured motorcyclist's interest. In my opinion, these are cheap tricks to get a client.

If you, a loved one or a friend has been injured in a motorcycle accident, you or your loved one or friend need a competent lawyer. There are probably numerous components to being a competent lawyer but none of them have anything to do with being a motorcycle rider, sitting on a motorcycle or any such nonsense. Competence has to do with knowledge and skill in the law of personal injury law.

Competence includes knowing which experts to hire, how to reconstruct an accident, how to prepare pleadings, handle litigation discovery and law motion matters before the case goes to trial. Competence has to do with being able to present a case to a jury or a judge, knowing the rules of evidence that govern a trial, and knowing how to make a record in the event an appeal is taken by either side.

Don't be misled. Hire a competent attorney to handle your motorcycle accident case or help your loved one or friend hire a competent attorney. Meet with more than one attorney. Interview the attorneys. Concentrate on the attorney's legal experience and competence, not on gimmicks that are being offered to get you to sign up. Make sure the attorney will personally handle the case, keep you informed, and will be willing to fight and even go to trial or handle an appeal if necessary. No one would pick a surgeon based on whether or not the surgeon rode a motorcycle or not. And, no one should choose a personal injury attorney based on whether or not the attorney rides a motorcycle.

By the way, I am licensed by California to ride motorcycles and did as a young man and then again much later in life. Personally I stopped riding because my son-in-law was in a horrific motorcycle accident and suffered pervasive brain injury even though he wore one of the best helmets on the market. The doctors didn't expect him to survive Intensive Care; but if he did, they said he would be in a permanent vegetative state. Fortunately for him and our family, the doctors were wrong. He is making a full recovery which we anticipate will take about 5 years.

Whether the motorcycle accident/personal injury attorney rides a motorcycle or not, is irrelevant to his competency as a lawyer. Use good judgment and sound criteria when you retain your motorcycle accident attorney.

Los Angeles Personal Injury Lawyer Tip On What To Do If Your Insurance Company Goes Belly Up

2009-06-05T23:30:42Z

Because Los Angeles is so densely populated, there is stiff competition in the automobile insurance industry. Insurance companies aggressively seek new clients and, in doing so, sometimes offer great deals. Unfortunately, as we have seen on the national scene, insurance companies that were once thought to be invulnerable giants, have collapsed or been shored up by historic government bailouts.

What happens if my insurance company becomes insolvent?

California Insurance Guarantee Association (CIGA) is a government entity, a life preserver of sorts, to step in cover claims when worker's compensation, homeowner's, and automobile insurance insurers become insolvent. CIGA is authorized to assumed an insolvent insurer's obligations including defending the insured and negotiating settlements. To be covered by CIGA if your insurance company becomes insolvent, a claim regarding the insurer's insolvency must be filed within 6 months of the insolvency. The claim must be on the form issued by the Insurance Commissioner.

Claims regarding CIGA and insolvent insurers are partly governed by California Insurance Code Sections 1021-1024. Case law, i.e. decisions of the California Court of Appeal and the California Supreme Court, also form the body of law governing how insolvent insurer cases are handled.

If you have questions regarding your automobile liability insurance, please contact the personal injury attorneys at Abel Law Offices to schedule a confidential consultation.

California Uninsured Motorist Claims - Check your policy, you may be covered for damages even if the negligent driver does not have automobile liability insurance

2009-06-03T22:23:25Z

Uninsured Motorist Claims

Despite California law that all persons who drive an automobile must have the ability to respond to damages by either having automobile liability insurance or meet the self insured requirements, it has been estimated that 33.33% of drivers on the road are uninsured. Driving without insurance is a misdemeanor, but it still occurs.

If you are in a motor vehicle accident, in addition to exchanging the required information, make sure you contact your own insurance company. Avoid the temptation in minor accidents not to report the accident to your insurance company. People in accidents will say one thing at the scene of the accident and then later take a diametrically opposed position. Failure to give your insurance company timely notice could impact coverage.

Ask your insurance company or your personal injury attorney, to check on the validity of the other party's insurance. It is common for a person to have an insurance card that reflects that the person has insurance, but actually the insurance coverage lapsed because of non-payment. If the person does not have insurance, you could still have a remedy to recover for your injuries if you have uninsured motorist coverage.

The Insurance Code Section 11580 governs uninsured motorist claims. You are required to give timely notice to your insurance company after you have actual or constructive notice that the defendant, that is the negligent party, is uninsured. You have two years to bring a claim against your own insurance company to recover under the uninsured motorist coverage provision of your policy. As soon as practicable after an accident, you should consult a personal injury attorney to help you determine insurance coverage. Contact Bruce Abel, Los Angeles personal injury attorney.

Government Tort Claims - Filing a Claim for Personal Injury against a California Government Entity- Avoid the time trap

2009-05-29T15:50:38Z

Personal Injury claims against California government entities are governed by a statutory scheme set out in the California Government Code Sections 814 et. seq. It is commonly referred to as the Government Tort Claims Act. The act mandates that a claim against the government entity be filed within 6 months after the accrual of the cause of action or it will be time barred. This short time to file a claim operates independently of the longer 2 year statute of limitations to bring a personal injury lawsuit.

Originally, this provision was enacted with the belief that government entities would have an early opportunity to investigate, evaluate, and settle meritorious cases. But, after litigating personal injury cases in Los Angeles and the surrounding Southern California Counties, it is my experience that claims are routinely denied. This leads to the reasonable conclusion that instead of promoting settlement of meritorious claims, the provision to file a claim within 6 months of the accident or injury is a trap for the unwary.

If you are injured as a result of actionable negligence by a government entity, retain an experienced personal injury attorney to assist in filing the claim because the information included in the claim is of the utmost importance. Omission of critical facts or request for relief may adversely impact a later filed lawsuit.

If you have been injured by the dangerous condition of public property or the negligence of a government employee, don't delay taking action. Retain a personal injury lawyer to advise you on your rights, remedies, and assist in the filing of a timely and complete government tort claim. Avoid the time time trap.

Damages recoverable in negligence cases - Part I - Pain and Suffering

2009-05-21T04:16:06Z

People injured as the result of the negligence of another are entitled to recover their damages. Damages refer to monetary compensation for the loss or injury a person has suffered. There are different types of damages. In fact, the famous Black's Law Dictionary has three pages just covering the definition of various types of damages. Obviously, damages is a big subject. So, by necessity this post is limited in scope. This post is a brief discussion of non-economic damages or what is commonly referred to as pain and suffering.

California requires juries to be instructed in the law before deciding a case. The Judicial Council of California has developed Jury Instructions which are used throughout California in negligence case. These instructions are designed to explain the law on how to determine how much money a person injured by the negligence of another is entitled to. The Jury Instructions are referred to as CACI, an acronym for California Civil Jury Instructions.

CACI 3905A explains what is included in physical pain, mental suffering, and emotional distress physical pain and what must be established by a preponderance of the evidence to recover such damages. Past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety humiliation and emotional distress are all included. There is no fixed amount for these types of damages. Jurors must use their judgment to decide what is reasonable.

There is art and skill involved in presenting a believable case of damages. It must be real and sometimes little things make a big difference. If you have been injured by the negligence of another, keep a diary detailing how you are feeling, your daily troubles related to the injury, and your aches and pains. When one is suffering, one is focused on the pain and misery. However, as recovery occurs, some of that pain and suffering fades from one's consciousness. Do yourself a favor, document your journey.

For those unfortunate victims who have suffered catastrophic injuries, obviously much less is required for people to understand the suffering. But, even that story must be presented with sensitivity and compassion so the jury will understand. Not understand academically, but understand as human beings deciding an important issue for an innocent victim.

California Personal Injury Cases - Recovery Damages - The Good, The Bad, and The Ugly

2009-05-20T18:52:00Z

Every injured person wants to recover damages from the person responsible for causing the injuries. That is human nature. And, the law provides rules and procedures for a person injured by the negligence or intentional act of another to prosecute an action for damages. And, invariably, the insured person believes wholeheartedly that he or she will prevail. This unabashed and over-confident position is sometimes encouraged by personal injury attorneys.

Don't retain a personal injury attorney that tells you what you want to hear. Hire an experienced personal injury lawyer who knows what he or she is doing and will tell you the truth and even argue with you to help you see the harsh realities of personal injury litigation. Sticking to one's own opinions and ignoring the advice and counsel of experienced professionals, is a big mistake.

If you are going to proceed with a personal injury lawsuit, ask your attorney to explain the strengths and weakness of your case. Also, ask what happens if you lose your case. Even if you think that could never happen, ask anyway. There are a number of significant legal ramifications of losing a case. For example, California Code of Civil Procedure mandates that the losing party pay the prevailing party certain costs such as filling fees, service of process fees, witness fees, jury fees, court reporter fees, and certain expenses incurred in trial.

At the beginning of a case, people don't want to talk about what happens if the case is lost - it is too depressing. And, unfortunately the injured person may misjudge an attorney who wants to inform his or her client on this aspect of a personal injury case, so attorneys often skip that when the attorney-client relationship is established.

Be informed and understand what you are getting yourself into at the beginning. You want to know the good- how much you might recover. You want to know the bad - how much money you might have to put out, how long it will take, and even if your case settles, the low end of what you might recover. And you should also want to know the ugly - what happens if you lose. Otherwise you may look like this -

Don't wait to to learn about the ugly until you are in the hall of the courtroom waiting for the jury to return a verdict. Waiting until then may prove to be a horrible experience.

Accident Advice - What to do if you are in a motor vehicle accident - Part II

2009-05-18T17:15:56Z

A person injured in an automobile accident caused by a negligent driver, has a legal right to try to get the negligent driver to pay for the pain and suffering and other damages one has suffered. Being partly at fault for an accident does not preclude recovery from the other driver. California takes into consideration the comparative fault or negligence of each of the drivers involved in an automobile accident.

It is important to figure out who was at fault for an accident. Sometimes, the police or law enforcement arrive on the scene and make a report which includes an opinion of fault. In other cases, the determination of fault may have to be decided based on the parties' statements, witness statements, and physical evidence. Consulting with a personal injury lawyer is a good idea. Personal injury attorneys are accustomed to reviewing and analyzing statements, and evidence to determine fault.

Equally important is to ascertain the negligent driver's ability to respond to damages. Usually, that means finding out whether the party has insurance. By law, that information is supposed to be exchanged at the scene of the accident. But even if it is, one still must determine if the policy was actually in force at the time of the accident.

Although the law requires each driver to have the ability to respond in damages by either self insurance or a vehicle liability insurance policy, the reality is that a significant minority of drivers has no insurance and do not have the ability to respond in damages. If you have uninsured motorist coverage, recovery of damages from your own insurance policy is possible. But, remember trying to recover from your own insurance company is an adversarial context and you should be represented by experienced legal counsel.

Do not try to tough it out. If you were injured in an automobile accident, seek medical attention as soon as possible. Keep records of your medical treatment. Document your pain and suffering and how the injury is interfering in your life. This will be important in evaluating your damages. Do not discuss your case with anyone other than the police, your doctor, lawyer, and your own insurance company. Statements that you make to third parties may constitute admissions which would be admissible in court. Statements made to your attorney are confidential communications protected from disclosure under the attorney-client privilege.

In California, buy statute, personal injury actions must be filed within two years of the time of the accident. But there is a much shorter time for filing a claim against a government entity. A claim is against a government entity must be filed with the government entity within 6 months of the accident. A timely and appropriate government claim is a prerequisite to a civil lawsuit.

Accident Advice - What to do if you are in a motor vehicle accident - Part I

2009-05-15T15:42:52Z

What to do in case of a motor vehicle accident

Knowing what to do if an accident happens is important. Acting wisely can protect your legal rights and also save lives. Listed below are some suggestions to follow if you are involved in a motor vehicle accident:

1) Stop your vehicle as soon as it is safe and legal.

2) Don't flee the scene. Some people panic after an accident and make the mistake of leaving the scene. That is a crime and also could potentially contribute to further injury or death to another person involved in the accident.

3) Get out of the line on-coming traffic.

4) If you are able, warn on-coming traffic with flares or cones. This can prevent other accidents and collisions as well as safeguard you and the others that were in an accident.

5) If anyone is injured, immediately call 911 for police and paramedic assistance.

6) Exchange information with the other people involved in the accident. The information should include names, addresses, phone numbers, model and make of vehicles involved, driver's license numbers, vehicle registration, and insurance information. Be sure to verify the date on the insurance card.

8) Also, if there are witnesses, it is of utmost importance to get their names, addresses, and phone numbers. Also, write down anything any witness says to you. Note the time and location where the statement is made. Note down the description of the witness including how the person is dressed.

9) Don't talk about the accident with the other parties or witnesses or then to gather information. The exception is, of course, you are obligated by law to exchange name, addresses, registration, and insurance information. And, you have an obligation to cooperate with law enforcement. The other exception is to declare any injury you sustained and request for paramedic assistance.

10) People are often dazed after an accident and have a tendency to say "I'm sorry" even if it wasn't their fault. It is a very common occurrence. Be forewarned - don't tell anyone the accident was your fault.

11) If you are hurt, see a health care provider. It is not uncommon for people to suffer injuries that are not immediately realized. Sometimes symptoms don't manifest until hours or even days after the accident. Take care of yourself by having yourself examined by a qualified health care provider.

12) The DMV has forms to report accidents. Go to the DMV or its website, download the forms and mail them in. Keep a copy for your own records.

13) Assuming you have insurance, you should promptly notify your own vehicle insurance company. All insurance contracts require prompt notice of an accident and also require the insured to cooperate with the insurance company.

14) Don't offer to pay anything to anyone involved in the accident. Sometimes people want to try to keep insurance companies out of it for fear their premiums may go up because they were involved in an accident. Avoid this temptation. Failure to notify your insurance could jeopardize coverage. Furthermore, sometimes people think they are okay or that they are not going to pursue a claim and later things change. Don't try short-cuts. Do it right from the beginning.

15) If possible, take pictures of the people involved in the accident, witnesses, the vehicles, the roadway, and any other things that are relevant to the accident, such as roadway skids, debris, and signs. If in doubt about whether to take a picture of a part of the scene or something else that you think is relevant, just get the picture. You can always set aside unneeded pictures, but you may regret not taking a picture of something that later turns out to be important.

16) It is wise to consult with a personal injury lawyer to discuss the accident and learn your rights and liabilities. Generally, personal injury attorneys work on a contingency fee basis and will offer a free consultation.

Damages - Managing Monetary Recovery Expectations of a Personal Injury Victim

2009-05-14T18:24:03Z

Injured persons almost always believe their case is worth more than the likely recovery. There are a number of reasons why this is so. First and foremost, when a person has sustained a personal injury, especially an injury that is painful and takes time to heal, the person suffers emotionally and physically. And, that suffering is commonly on a daily basis. Also, the person may be upset and angry that someone else's negligence has substantially impacted the quality of their life.

So the value of the personal injury claim to the injured person is often inflated because it is not related to typical settlements or judgments in similar cases. Injured persons often seek validation of their own opinion of the value of their cases and there are attorneys willing to adopt what may be unrealistic expectations of the client to get the client "signed up". But, having realistic expectations will save a lot of grief and aggravation.

Evaluating the likely recovery in a personal injury action depends on many factors including the nature and extent of the personal injury, where the case would be tried, the strength of liability, credibility of witnesses, availability of evidence, expert opinions, if necessary, and the judge to whom a case is assigned. Don't listen to your friends to determine the value of your case. Consult with a personal injury attorney who knows the local courts, is familiar with the value of similar types of cases, and would be willing to take your case to trial if necessary.

An attorney who is willing to make a commitment to work on your case on a contingency fee basis is much more likely to have realistic expectations of the value of your case than a family member or friend who happened to read about a personal injury recovery in a magazine or newspaper. Moreover, establishing realistic expectations of the value of one's personal injury case also helps avoid mistakes in taking a case to trial that should settle.

Insist that your personal injury lawyer candidly explain the value of your case and the risks and advantages of going to trial. Be an informed client and actively participate in your case and litigation strategy. This will help manage your expectations. In the long run, you will be happier and more satisfied with the result.

Los Angeles Personal Injury Frequently Asked Questions - Part II

2009-05-11T16:38:16Z

People who are injured by the negligence of another and seek an experienced personal injury attorney in Los Angeles and surrounding areas aske similar questions at the outset of a case. In this blog post, I have framed a few common questions and my answers to those questions.

Q. Do I need a personal injury lawyer?
A. If you want to maximize your recovery and ensure that your rights are fully protected, you would be well served by retaining an attorney to represent you. It is true that people have the right to represent themselves in court; however, they are expected to know the rules of Civil Procedure, the Local Rules, the rules of Evidence, and the law in general. Secondly, without training and education, a person representing himself or herself in a lawsuit will be facing a trained, educated professional. So while it is not mandatory to be represented by an attorney in a personal injury claim or lawsuit, prudence dictates that you retain an experienced personal injury lawyer.

Q. If I am injured by another's negligence, do I have to file a lawsuit?
A. No. Proceeding with a lawsuit is always the client's prerogative. Furthermore, the great majority of cases settle before a case even has to be filed.

Q. Should I give a statement to the other party's insurance company?
A. No. Insurance company adjusters are trained and skilled professionals whose job is to protect the company they work for. Giving a recorded statement without the advice of counsel may hurt your case. Statements made to the opposing party's insurance company could constitute admissions that would be admissible in court.

California Personal Injury Law - Frequently Asked Questions

2009-05-09T22:36:30Z

Abel Law Offices personal injury attorneys represent personal injury victims throughout Southern California including Orange, Los Angeles, and Ventura Counties. Los Angeles, California is one of the largest metropolitan areas in the world; and, Los Angeles has its fair share of people who sustain personal injury by the negligence of another. There are common questions asked by those who been injured by the negligence of another. This post is the first in a series of posts that will address common questions asked.

Q. What does pain and suffering damages mean?

A. California has divided damages into two types - economic and non-economic. Economic damages covers out-of-pocket expenses such as medical expenses incurred for treatment and prescriptions and also lost wages. The other type of damage that may be recovered is non-economic damage. Non-economic damage includes pain and suffering experienced by the injured person.

Pain and suffering refers to the injured person's physical and emotional injuries. Pain can be physical or mental. Emotional injuries include such common emotions such as anger, frustration, humiliation, irritability, anxiety, fear, and worry.

If a personal injury case goes to trial, and the injured person established liability, then a judge or a jury will evaluate the pain and suffering the injured victim suffered. Once this is evaluated, the judge or the jury will award money to compensate the injured person for his or her pain and suffering.

Understanding a California Contingency Fee Agreement

2009-04-26T22:34:38Z

Personal injury attorneys customarily handle personal injury cases on a contingency fee basis. Contingency fee agreement means that the attorney will get paid a percentage of the gross or net recovery depending on the terms of the agreement. If there is no recovery, the attorney does not get paid.

This type of fee arrangement makes it possible for an injured person to hire a personal injury lawyer without having to pay attorneys fees as the case is in progress. An obvious benefit is to have the benefit of legal counsel without having to pay for it up-front. But because the personal injury lawyer is assuming a risk that there will be a recovery and also has to wait to get paid, the attorney fees are likely to be more than if a person could pay the fees along the way.

In California contingency fee agreements must be in writing. The percentage of attorney fees is not set by law and is negotiable; however, most personal injury attorneys charge 33.33 % of the gross recovery before a lawsuit is filed and 40% of the gross recovery after a lawsuit is filed. These are the fees commonly charged by Los Angeles personal injury attorneys and also personal injury attorneys in the surrounding counties such as Orange County and Ventura County.

Some personal injury attorneys will negotiate the fee, so it is worth talking about with the attorney you want to retain. An attorney is prohibited by the Rules of Professional Conduct from charging an unconscionable fee, but the contingency fees just mentioned are not considered unconscionable.

There are two exceptions to the commonly charged contingency fees. One exception is when a minor is injured. Generally, the contingency is 25% prior to a lawsuit and 33.33% after the lawsuit is filed. Unlike contingency fee arrangements with adults, a court has to approve the fees to be paid to an attorney. A formal application must be made to the court to approve the settlement and the attorney fees.

The second exception is the contingency fee charged in a medical malpractice case. A California statute sets the maximum percentage that can be charged based on a formula related to the amount recovered.

If you are injured by the negligence of another, you should be represented by an experienced personal injury attorney. At the outset of the attorney-client relationship, make sure the fee agreement is memorialized in writing and that you understand its terms and conditions.