Our Civil Litigation practice currently covers the following areas. For the sake of simplicity, we have clustered them into five sections which are shown below. Please click on the category which contains the area of your concern and you will be taken to the section for those areas of law. 

We have also provided general information about what occurs in a civil litigation case to guide you in what to expect during that process. This general information is broadly applicable to all of the civil litigation areas which are listed on the sections above. Mediation is somewhat different, and is discussed separately. 

PERSONAL INJURY / WRONGFUL DEATH

• Personal Injury
• Automobile Accidents
• Brain and Spine Injuries
• Wrongful Death from Personal Injury

MEDICAL MALPRACTICE

• Medical Malpractice
• Wrongful Death from Medical Malpractice

BUSINESS DISPUTES / LITIGATION

• Business Disputes
• Business Litigation

REAL ESTATE DISPUTES / LITIGATION

• Real Estate Disputes
• Real Estate Litigation
• Construction Defects

MEDIATION

• Our Mediation Services

Cases of this type usually arise from vehicle accidents, falls, or other dangerous conditions of property, or from construction accidents or defective products. Injuries which are workplace injuries are covered by the Worker's Compensation System. We do not handle worker's compensation cases, but can refer you to qualified attorneys who specialize in that legal area and who will be able to assist you.

Although the majority of personal injury cases in California are settled through negotiations before actually entering a classroom for trial, a lawsuit and pre-trial discovery may be needed to force the insurance company or responsible party to treat you fairly. We prepare every case where a lawsuit is filed as if it will go on trial so that, if a fair settlement for our client cannot be reached, we can follow through with the trial, if necessary.

Cases of this type are called "tort" cases. There are several elements to a case of this type which you, as the person bringing the claim, must prove. Those elements are:

• a legal duty of care to you by the party responsible for your injury.
• the failure to fulfill that duty, or the "breach" of that duty, by that responsible party. This is often called carelessness or "negligence."
• legal causation of injury and/or other damages to you which were directly cauxed b y the responsible party's breach of their legal duty to you.
• the nature and extent of those injuries and/or other damages caused to you by that responsible party's breach of that legal duty.

Each of these elements must be proven to successfully prove and recover in your case. An experienced and qualified attorney who specializes in and is knowledgeable about these areas, and who has a strong reputation as a successful trial lawyer with insurance companies and defense attorneys will generally be more successful than an attorney who does not meet those criteria.

It is important to speak as soon as possible to an experienced and qualified attorney who can assist you because evidence may be lost, witnesses may move or their memories may fade, and other things can happen with the passage of time which could damage or destroy your ability to successfully recover for your injuries and/or damages.

Statutes of Limitation for Personal Injury Cases

Cases of this type are controlled by legal deadlines called "statutes of limitations." These deadlines differ in length, depending upon the facts of your case and your legal theories so you should promptly consult with a qualified lawyer who can accurately determine the legal deadlines which apply to your case. Sometimes, these deadlines may have legal exceptions or some can even be extended under specific, limited circumstances. Generally speaking, the majority of these claims will have one or more of the following deadlines, although your case may well be different or shorter or have other factors which will make the deadline different in your case, you must be checked by a qualified lawyer:

2 Years from the date of injury. This is general statutes of limitations for bodily injury claims in California caused by neglience of others. It is stated in Code of Civil Procedure 335.1.

6 Months from the date of injury. If a government entity or agency is responsible for causing some or all of your injury, a claim must be filed with that agency within 6 months of the date of injury. If this deadline is missed, you can apply to the Superior Court to file a late claim, although the court's authority and jurisdiction to allow you to file a late claim will end once you reach the one-year anniversary of the date of your injury.

18th birthday, plus 2 years. This is the statute of limitations for a minor child who was less than 18 years olf when he or she was injured. In reality, most claims for minors are brought promptly by having a parent or older adult appointed by the court to act on their behalf. This person is then called the Guardian Ad Litem for that minor. Prompt claims are usually better for the minor and parents because a fresh case can be better proven, certain expenses or claims of the parents can be asserted (the statutes of limitations for which are not otherwise extended while the child is a minor), and any settlement or judgment recovery for the minor can be invested sooner to increase their total recovery over time.

Attorney's Fees and Costs in Personal Injury Cases

Cases of this type are normally handled on a "contingent fee" basis because of the expense of hiring a lawyer on an hourly fee would be prohibitive for most people, especially under the financial circumstances which usually exist after a major injury to that person. Contingent fees are normally a specific percentage of the recovery. Our own practice is to calculate the contingent percentage attorney's fee on the net recovery on the claim remaining after case costs advanced are subtracted and reimbursed to our firm. This is economically more favorable to you and, in our opinion, is fairer to you. The "contingent" fee means that we are paid our attorneys fee from the recovery we obtain for you. If we don't obtain a recovery for you, we are paid no attorneys fees, and you only reimburse the case costs which we have paid or advanced for you during our handling of your case.

"Case costs" are the expenses we incur because we represent you during our handling of your case. They commonly include such things as the expenses of getting medical and other records.

A wrongful death claim arises from the death of an adult or a child which is caused by the negligence of another. The claimants in such a case are the deceased person's surviving dependents or beneficiaries, who are then entitled to bring a claim or lawsuit against those who are responsible for causing that death. Wrongful death cases can arise from personal injury claims, automobile accidents, or medical malpractice when the negligent or wrongful injury causes or directly results in death to the person injured. They are normally handled on the same contingent fee percentage bases are the identical types of cases where the injury does not cause death.

The types of damages which are recoverable will vary, depending on the facts of the case.

The statute of limitations in California for a wrongful death case is only one year from the date of death. This, the two-year limitations period for a personal injury case from the date of injury will be shortered to one year from the date of death if the person dies from their injuries.