THE LAW FIRM OF G. JUDSON SCOTT, JR.

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 filing a lawsuit, or actually entering a courtroom for trial, a lawsuit and pre-trial discovery may be needed before, 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 to trial so that, if a fair settlement for our client cannot be reached, we can follow through with the trial, if necessary.

Personal Injury

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."
The legal causation of injury and/or other damages to you which were directly caused by 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 assess your potential case as soon as possible with 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.

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Statutes of Limitation for Personal Injury Cases

Legal claims 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.

The ability to further pursue a legal claim under a particular legal theory will be lost if the statute of limitations for that claim is allowed to expire before the claim is fully settled, or before a lawsuit is filed. Some claims are required by contract to be presented through arbitration and the demand for arbitration must be served or filed before the legal deadline for that claim is reached.

Generally speaking, the majority of California personal injury claims will have one or more of the following deadlines, although your case may well be different, may have a shorter statute of limitations deadline, or may have other factors which will make the deadline different in your case. Consequently, they must be checked by a qualified lawyer who can assist you.

2 Years from the date of injury. This is now the general statute of limitations for bodily injury and wrongful death claims in California caused by the negligence 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 written claim must be filed with that agency within 6 months from 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. Note, however, that suit must be filed within six months from the date a public entity rejects a filed claim; if this deadline is missed, your claim against that entity will be barred and cannot be later revived.

18th birthday, plus 2 years. This is the statute of limitations for a minor child who was less than 18 years old 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 and is authorized by the court to then pursue and resolve the minor's legal claims. 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 monetary settlement or judgment recovery for the minor can be invested for their benefit much earlier than if the minor waited until they turned 18. Consequently, an earlier recovery will increase the minor's total recovery when those investment returns over time are added.

Please note: The statutes of limitations for medical malpractice are different, and are discussed in that section of our webpage.

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Attorney's Fees and Costs in Personal Injury Cases

Cases of this type are normally handled on a "contingent fee" basis because 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. Some lawfirms calculate their contingent fees on the total recovery before costs are subtracted. Our method is economically more favorable to you and, in our opinion, is also fairer to you.

The "contingent" fee means that we are paid our attorney's fee from the recovery we obtain for you. If we don't obtain a recovery for you, we are paid no attorneys fees, although you remain responsible to reimburse the case costs which we have paid or advanced for you during our handling of your case.

"Case costs" are the direct 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, court fees, and the costs of discovery (including the costs of deposition transcripts, expert witnesses, and other costs), as well as the expenses and fees of trial.

PERSONAL INJURY FACTUAL SUMMARY
(Confidential - Subject to Attorney-Client Privilege)

Please complete the answers to the following questions to provide us with preliminary information to evaluate your potential case so that we will have the necessary information to understand the potential issues involved. These questions are also designed to assist you in assembling the initial facts and documents which will be needed to evaluate your case.

If we believe that we may be able to handle your case, we will let you know, we will also likely request some further information to more fully understand and evaluate your case to make our decision about accepting it and becoming your attorneys in this matter.

Additional space is provided for your use in item 32 if you do not have enough room in the block for each question for your complete response. If you use that space for your supplemental answers, please include the question number to which your further information applies.

A. GENERAL BACKGROUND:

1. Your Full Name:

2. Home Address:

3. Home Phone:

Business Phone:

Cell Phone:

Best hours and phone number to reach you:

4. E-mail Address:

5. Date of birth:

6. Does this concern an injury to you, or to someone else?

Self

Someone Else

If the injury is to another person, please tell us his/her name, age, and relationship to you:

7. How were you referred to our law firm for this matter?

B. GENERAL INFORMATION ABOUT THE ACCIDENT

8. Date and Location of accident:

9. Do you have, or can you take, photographs of the accident scene and, if an automobile accident, the damage to your vehicle?

Yes

Comments:

10. Name(s), address(es), telephone number(s), and ages(s) of the injured person(s):

11. Names, addresses and ages of the persons or organizations you believe are responsible for causing your injuries:

12. Was a police report prepared?

Yes

If so, do you have a copy of the police report?

Yes

13. Generally, how did the accident occur?

C. YOUR INJURIES AND DAMAGES

14. What injuries did you suffer from this accident?

15. Have you ever had similar injuries before or after this accident?

Yes

If so, please describe your similar injuries and tell us whether you sustained them before or after this accident, and whether you still had any symptoms from them when this accident occured:

16. Did you receive medical or hospital treatment for the injuries from this accident?

Yes

If so, please tell us what treatment you received, where it was provided, and approximately when you received it:

17. Approximately how much has this treatment cost to date?

18. Has any of it been paid, and if so, by whom?

19. Has anyone told you about how much they think any further treatment will cost?

Yes

If so, who gave you that estimate and how much is it?

20. Did you have any other medical expenses from this accident, such as ambulance, medications, physical therapy, etc.?

Yes

If so, please tell us who was paid or is owed, the amount, and the nature of each expense:

21. Did you lose any time from work, whether or not you were paid for it?

Yes

If so, please tell us the total of that income loss using your gross rate of pay, and whether you are still unable to work now:

if you expect to lose further income, please state how much more you anticipate to lose and when you expect to return to work:

Can you obtain written proof of your wage loss?

Yes

22. Was any of your property (automobile, home, clothing, etc.) damaged or destroyed in the accident?

Yes

If so, please describe it and state its approximate cost of repair or reduction in value and tell us if you have or have not yet been reimbursed for it by anyone:

23. Did you lose the use of your property (automobile, etc.) for any time as the result of the accident?

Yes

If you did, did you rent or borrow a replacement and what did that cost you?

D. WITNESSES AND STATEMENTS

24. Do you know of any witnesses who saw, heard, or said anything about the accident (other parties, police, passengers, bystanders, other motorists, tow truck driver, ambulance or emergency personnel, etc.)?

Yes

If so, please provide any information you can about them to allow us to find them, and please tell us what you think they witnessed. If you know what they said, please also tell us about that here:

E. INSURANCE

25. If this was an automobile accident, were you covered by insurance at the time of this accident?

Yes

If so, what is your company and what were your coverage limits for:

Bodily Injury:

Uninsured/Underinsured Motorist:

Medical Payments Coverage:

26. Have you reported this accident to your insurance company?

Yes

If so, please tell us any of your damages or expenses which they have paid or reimbursed so far:

27. Do you know if the other party to the accident was insured?

Yes

If you know this information, please tell us the name of the other party's insurance company and any information you have about their insurance coverage limits:

If so, do you know the name of their insurance company or their policy limits for bodily injury liability?

Yes

F. PAYMENT RECEIVED AND BILLS OUTSTANDING

29. Have you received payments of any kind, either directly to you or to any doctor, hospital or anyone else for any of the damages or injuries received as a result of this accident?

Yes

If so, please tell us the name of the source of these payments, the amounts of any payments you have received so far, and to whom such payments were made:

30. Have you received verbal or written notice from anyone that you will have to repay them for any of the money which they have paid on your behalf? (This may include anything that anyone may have said to you about "liens")

Yes

If so, please state the name of the person or company who told you this, the amount which they claim to be owed and what it is for, and when you learned of that claim:

31. Are you aware of any unpaid bills you owe or any expenses you anticipate will be incurred from this accident which will not be otherwise reimbursed to you?

Yes

If so, please tell us to whom the money is owed, what it was for, and the amounts of those bills or expenses:

32. Please provide any other information which you feel would be helpful to us in evaluating your potential case:

28. Did you have health insurance or any other form of insurance which has, or will pay or reimburse any of your expenses from this accident?

Yes

If so, please name the type of insurance and the name of your insurance company, what and how much they have paid, or will pay:

Date Completed:

Name:

(If an automobile accident, please include both the driver and the owner of the car which caused the accident if you have that information)

If you do not have a copy of the report, please contact the investigating police department and obtain a copy. You will need it for your legal claim, as well as your own insurance purposes.

Please be sure to assemble copies of your bills, receipts, etc. to assist you in your response. You can also provide estimates in your response if you do not yet have this information.

Please telephone us at (925) 460-0800 if you have any difficulties with these questions or if we assist you in any way.

We will promptly review the information you have provided here and will contact you if we need additional information. As soon as we have sufficient information to properly evaluate your case, we will also do our best to promptly contact you. If we believe we can be of assistance to you, we will then schedule an office conference to meet you and answer any questions you may have.

PLEASE NOTE: Although the submission of this information does not create an attorney-client relationship with our firm, we will treat it as confidential information which is protected by the attorney-client privilege. An attorney-client relationship with our law firm will only be created if we are able to accept your representation in this matter. This decision will be reached later, after we are able to obtain and evaluate sufficient information about your case.

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Please answer every question. Your completion of each question will help us to fully and promptly evaluate your potential claim.

I certify that the above information is true and complete to the best of my knowledge and belief

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