Q. Tell us about yourself and your practice.
A. I am a sole practitioner with a general practice. I handle primarily personal injury family law and bankruptcy matters. I graduated from Utah State University, with a bachelor’ s degree in Political Science and attended Thomas Jefferson School of Law in San Diego, California, graduating in 1994. I have been an attorney for 15 years. I have been married for 37 years and I am a father of four grown and married children and a grandfather of four. My office is currently in Rancho Bernardo. Since the beginning of my practice, I made the decision that I wanted to keep my practice small, so that I would have personal contact with my clients. I had seen offices where attorneys seldom personally speak to their clients and where most client contacts are through an assistant paralegal or associate. If I am retained as the attorney, I feel that you are hiring me, not my staff and that your contacts should be with me, not with assistants or other staff members.
Q. Do you offer free initial consultations?
A. In all areas of my practice, I provide free initial consultations
Q. Does your office offer paralegal services for simple forms and filings?
A. I have support staff that are used on an " as needed basis" in both personal injury and other general legal matters. However, personal injury cases are paid on a contingency basis, so it makes no difference in the costs to the client, who works the case myself or staff. Generally, in personal injury matters attorney’ s fees are paid on a contingency basis. That merely means, that if there is no recovery there are no attorney or staff fees paid by the client. If there is a recovery, fees are paid on a percentage basis that we have agreed upon.
Q. People have accidents every day. What separates a simple accident from one where a person should seek your firm’ s assistance?
A. A simple accident may be the typical “ whiplash” rear-end bumper tap, that causes what may appear at first to be a slight or minor injury. It may be a simple slip and fall at the local grocery store. In any case, it is important to seek medical help to make the determination that it is only minor. In some minor injuries, where the damages for the personal injuries are less than $7, 500, the injured party may seek help from the small claims court. However, even there you will need to have medical evidence of the injuries and what caused those injuries. Most courts have “ Small Claims Advisors” who help parties navigate through the small claims system. Attorneys are not allowed to represent parties in small claims actions, unless the case is on appeal. Today’s legal system is complex. Insurance companies are not in the business of giving away money and will do all they can to reduce the payment of damages. They will call injured parties and seemingly lend a sympathetic ear to your plight and make an offer to “ settle” the case. Remember, once you take a settlement and sign a release you have no recourse, if later you find that your injuries were much worse than originally thought. I can assure you that the insurance company will no longer be sympathetic.
Q. What is the process to file a personal injury lawsuit?
A. Generally, before you file a complaint you have obtained most all the necessary evidence of the injury, medical bills and the general damages. Typically , if negotiations with the offending party or their insurance company fail and litigation is necessary a complaint is prepared and filed with the Superior Court. The complaint alleges the allegations against the offending party and the offending party is then served with the Summons and Complaint, along with other necessary documents.
Q. What type of personal injury claims are there?
A. A personal injury claim is any claim where a person was injured by the negligent acts of another. Some of the most common automobile accidents, slip and fall, medical malpractice, negligent or intentional infliction of emotional distress, products liability, drug and dangerous materials (i.e. asbestos) to name a few. Although injuries on the job are a form of personal injury, the law limits the damages against employers to those obtained in the worker’ s compensation system.
Q. How long after an incident does one have to hire an Attorney?
A. If you need or feel that you want an attorney, the sooner is always better. This helps you avoid making mistakes that could hurt your case. Most insurance companies will only days after an accident, send letters or investigators to your home asking for statements. They want to lock in your statement, so that they can use it against you later should litigation occur. I always suggest that you should not give any statements to the opposition, without consulting an attorney first. Insurance companies are experts at turning your words around, to make it sound as though you were at fault or that you are feigning your injuries.
Q. What damages can one recover?
A. Again, generally you are entitled to the repayment of your medical bills and the payment of any future medical bills that may be required. You are entitled to lost wages, future lost wages and loss of earning capacity. You are entitled to be compensated for the gratuitous help that friends and/or family members give to assist you back to health. You are entitled to what is commonly referred to as “ pain and suffering damages” which includes the inconveniences caused by the injury. (Doctor’ s visits therapy visits etc). There can be recovery for funeral expenses, if the injury was a fatality. In addition if the injured party is married or has a registered domestic partner there can be a loss of consortium claim and if the case is a fatality a loss of society and companionship.
Q. Is there any time limit to file a personal injury lawsuit in San-Diego?
A. Yes and it is very important. It is not a San Diego limit, but rather a State of California statue of limitations. Generally, the statue of limitations to file a personal injury lawsuit is two years from the date of the injury. In medical malpractice and other types of injuries there are different statues. It is vitally important to seek legal advice on your particular situation before a year has gone by following the injury, because failure to file within the time limit means you lose your right to receive compensation for your injuries.
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