Hogan Injury > Blog > personal injury attorney

Variety of Contingency Fee Possibilities

By | June 24th, 2013

QUESTION: I gave a $1,500 retainer that I thought applied to the contingency fee which is the injury portion of the case. However, my attorney is charging 33% to my car repair recovery. Is this the norm? “LEGAL FEES, COSTS AND BILLING PRACTICES: You hereby grant us a contingent fee on your claims equal to thirty-three percent (33%) of any net recovery you may obtain. “Net recovery” means (a) the amount of any settlement, judgment, arbitration award, or other recovery received; (b) minus any costs advanced on your behalf pursuant.

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Overview of Statute of Limitations for Personal Injury Cases

By | March 26th, 2013

QUESTION: What is the statute of limitations for a personal injury case? ANSWER: According to the California Code of Civil Procedure, the statute of limitations for most personal injury claims is two (2) years. The two-year time limit applies to cases of “assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another” (CCP § 335.1).

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Drunk and Injured: Do I Have a Case Against the Bar?

By | March 8th, 2013

QUESTION: I was drunk in a bar and I fell, injuring myself. Do I have a case against the bar? They should have cut me off for having too much to drink but didn’t. ANSWER: Personal injury suits against alcohol providers are usually based on a negligence theory. The alcohol provider’s damages exposure is severely restricted by express statutory immunity from civil liability for any injury caused by the alcohol consumer. The immunity protects both “social host” providers and those in the business of selling alcoholic beverages [CC § 1714(b)].

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Duration of a Personal Injury Case

By | March 8th, 2013

QUESTION: If a lawsuit for personal injury has been filed, how long does it stay active? ANSWER: In personal injury cases, the two-year statute of limitations tolls after the filing of the suit. However, there is a three-year limit for discretionary dismissal for delay [CCP § 583.420(2)] and, with a few exceptions, a five-year limit for the case to be pursued before its mandatory dismissal for failure to prosecute (CCP § 583.310).

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The Statute of Limitations on Wrongful Death Case

By | March 7th, 2013

QUESTION: What is the statute of limitations for filing a wrongful death suit in the state of California? My son was murdered in 2008 and I am interested in filing a tort case. ANSWER: According to the California Code of Civil Procedure (CCP), there is generally a two-year statute of limitations for claims involving death of a person “caused by the wrongful act or neglect of another” (CCP § 335.1). This means that a suit should be filed within two years from the death of the person, otherwise the claimant.

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Claims Against Government Entities

By | March 7th, 2013

QUESTION: My fiance was shot three times in a robbery attempt by a guy, and the shooter has been sentenced to 29 years in jail for the crime. My fiance is now permanently paralyzed from the chest down. What are the steps we need to take to bring a case against the state where this crime happened? ANSWER: Generally, no suit for money or damages may be brought against a government entity (or against a government employee acting in the scope of employment) unless and until a timely claim has.

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Preserving the Integrity of the Claim

By | March 7th, 2013

QUESTION: I slipped off a broken uneven step outside the local post office and was immediately paralyzed with pain from a dislocated shoulder. After I slipped, an employee went out and salted the step, looked at me, and said I should get to the hospital. I was taken to the emergency where they took X-rays, and my arm was on a sling for 3 weeks. I have my wife and another person as witnesses to this incident. What are the steps I should take so that I could claim damages.

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