California Personal Injury Lawyer (Laws, Claims, Legal Process)
Personal Injury Lawyers at the Scranton Law Firm has been helping victims of car accidents, motorcycle accidents, and other injury accidents in California for over 40 years. Our company has been offering free legal consultations from day one, because we believe a potential client should know exactly what they are getting into with a personal injury lawsuit. If you’ve been injured in an accident and want more information about how to handle your case, we are always here to listen and help.
Your Wellbeing Is Our Top Priority
When you work with our personal injury law firm, we can help you navigate the negotiation and settlement process for your injury claim. We maintain excellent attorney-client relationships because we believe trust and information are critical for a successful case. We will work hard for you while you focus on your injury recovery.
What is a Personal Injury Lawsuit? What Makes a Good Case?
If you have been injured in an accident as a result of the negligence of another individual or entity you may have grounds to file a personal injury lawsuit against the responsible party. When pursuing a personal injury claim, you are not dealing with the responsible party, but rather their liability insurance company.
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Featured California Personal Injury Attorneys
John Villagran Mejia is a native of the Bay Area and received his B.A. in Political Science from the University of California, Berkeley, in 1989, and went on to...
Greg joined the Scranton Law Firm after spending most of his 25 year legal career as a sole practitioner. His practice focuses primarily on personal injury claims and employment law related matters.
Daniel joined the Scranton Law Firm because he feels strongly about helping those who aren’t getting a fair shake. He seeks to use his experience and skill to prevent...
Personal Injury Cases – Proving Negligence
The heart of a personal injury case is negligence. Can you prove that the other party’s negligence caused your injury? If you can prove with evidence that this is true, then you have a good case. The most common types of personal injury cases that the Scranton Law Firm handles are:
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Bicycle Accidents
- Boat/Jet Ski Accidents
- Work Accidents
- Slip & Fall Accidents
- Wrongful Death
- Dog Bites
- Product Liability
Compensation & Settlements
When an injured person seeks compensation for their pain and suffering, a variety of factors are taken into consideration by insurance companies. For a majority of cases, when it comes time to settle this is done outside of a courtroom. Litigation is often a final step in a personal injury case, but sometimes necessary. If it comes to litigation, one of our trial lawyers will be well-prepared to fight for you.
For most cases, a settlement is reached outside of a courtroom by the victim, their legal representation (if they choose to have any), the insurer and their legal representation. A settlement usually involves a negotiation concerning damages to be paid, followed by a written agreement that no further action will be taken by either side, rather the matter will be resolved by payment for the damages.
Ensure You Get The Best Medical Treatment
Our first priority is making sure you are on the best path to recovery so that you can get on with your life after your case has settled. We will focus on your case, while you focus on recovering from your injuries.
Gather Information, Records & Documentation
First, your assigned legal team will gather all the information and records related to your claim. They will use your medical records, bills and insurance policy information to help determine the damages and compensation to seek for your case.
Investigate Your Injury Case
After they’ve gathered all the documentation, your attorney and legal assistants will investigate your accident and gather any relevant details that might help your case. Critical information could include security camera video, traffic camera videos, dash cam footage, and police records.
Negotiate With Insurance Companies & The Defense
Before they move to litigation, your attorney will negotiate with the insurance company and the defense to get you the compensation you deserve. In most cases, a settlement can be reached without having to step into a courtroom. If settlement negotiations are unsuccessful, your team is prepared to go to trial and present your case.
How Much Does An Injury Lawyer Cost?
In California, the most common type of personal injury lawyer fee is a contingency fee. It specifies that the lawyer’s fee is a percentage of the money a client agrees to pay when their case settles, with no money paid upfront. The word “contingent” means that if, for any reason, there is no money recovered, the lawyer will receive nothing for the time spent representing you.
Fee Structure & The Law
Section 6147 of the Business and Professions Code requires attorney fee agreements to be in writing and that the fee is negotiable. The percentage an attorney charges can vary depending on the law firm, types of injury, and the nature of the case.
Why Have A Contingency Fee?
Contingency Fees Prioritize Injury Claims of Merit
Few personal injury attorneys are willing to risk their valuable time and their own money on cases that have little chance of success. Most injured people prefer to know in the beginning if their case has merit. If a lawyer won’t accept a case on a contingent fee basis, that’s a good indication that the case doesn’t have merit. It’s always a good idea, of course, to talk to other injury lawyers about your case.
It Allows Victims To Get Valuable Legal Help When They May Not Be Able To Afford It
An accident can eliminate a victim’s earning power and cause unforeseen expenses. Medical bills often exceed the victim’s own insurance benefits, and if they don’t have insurance, these bills can be overwhelming. Most injured people do not have money to pay an attorney’s retainer and hourly fees in addition to other costs caused by the accident. However, insurance companies have vast resources and pay their lawyers generous hourly fees.
It Eliminates Financial Risk If You Lose Your Injury Case
Because the fee is contingent, the lawyer does not earn a fee until after money is collected from a settlement or verdict. If no money is collected, the lawyer doesn’t get paid and the client is not responsible for any fee to the lawyer. Make sure that this is clearly spelled out in a signed agreement with the lawyer.
It Encourages Results
The contingent fee provides the lawyer with the purest form of incentive to get results – the more money they obtain for you, the more they earn. It also provides an incentive to resolve the case as soon as possible. The incentive for insurance lawyers, who work on an hourly basis, is to maximize the number of hours they spend on a case.
Focus On Recovery
In terms of personal injury lawyer fees, a contingency fee is ideal for most clients. It promotes a healthy attorney-client relationship due to its mutually beneficial nature. The client is assured their personal injury attorney will be strongly motivated to get results. While their lawyer is fighting for them, they can focus on their recovery.
Our Attorneys Want To Help
The insurance industry is continually fighting to reduce, control or eliminate the contingency fee. They know that it is the only fee arrangement that allows an accident victim to obtain experienced lawyers to fight for their rights. Without a contingency fee, most people could not bear the financial burden and risk of obtaining legal help, and without formal legal advice, getting the best settlement is very challenging.
Frequently Asked Questions:
Where Can I Find the Personal Injury Lawyer Near Me?
Luckily, the lawyers at the Scranton Law Firm serve clients all over Northern California. Our attorneys can meet with you face-to-face, or even via a video call, if that is what you prefer. We want to make the process as easy as possible for you.
Are You The Personal Injury Lawyers in California?
We like to let our results speak for us. Our personal injury lawyers have netted our clients over $500,000,000 in claims. If you are looking for the best personal injury law firm in California, talk to the Scranton Law Firm.
What is the Statute of Limitations?
One thing to remember is that the statute of limitations for a personal injury case is 2 years from the date of the incident, so we strongly recommend you talk to one of our California personal injury attorneys as soon as possible. We offer a free consultation and evaluation of your case.
Am I Going To Have To Go To Court?
Most injury victims do not want to see the inside of a courtroom. Our injury attorneys’ 200+ years of combined experience negotiating, arbitrating, mediating, and litigating accident cases enables us to successfully settle over 95% of our injured client’s cases out of court.