Frequently Asked Questions
The questions are starting to come in. Some of them raise important issues and I will post those questions along with an answer to the question on this page. Remember - This is general information only. Due to the complexities in the law, exceptions to general principles of law, and frequent changes to the law, I strongly advise that you seek professional legal advice before acting on any matter you may read here. The purpose of this website is to encourage thought and raise issues. Actions should only be taken after consulting with a qualified professional.
Q. I had an auto accident a little over a year ago, is it too late to do anything about it?
A. The short answer is probably "yes." There is what is called the "statute of limitations" in California. It provides that in cases of this type, you must file a lawsuit within one year from the time of the accident or you lose your right to sue. There are a few very restricted exceptions to this rule, but in most cases they do not apply. The moral to this story is that if you receive an injury or have an accident, contact an attorney as soon as possible. If you have a case, the attorney can tell you. If you don't have a case, the attorney can tell you. But at least you will know either way before it is too late.
Q. What is a consumer attorney? Is there a difference between a consumer attorney and a Personal Injury attorney or a Trial Lawyer?
A. A few years ago, during all of the publicity surrounding some very high profile criminal trials, people were confused about who were "trial lawyers?" Were the "trial lawyers" these criminal defense attorneys who hold press conferences on the steps of the Criminal Courts Building every evening? NO! The consumer attorney is the civil attorney who represents the people who paid good money for a product or a service and then discovered that they got ripped off. The consumer attorney is the attorney who represents people who have received injuries of varying degrees because someone else was negligent or reckless and caused their injury. The consumer attorney is the attorney who represents the person who was the victim of an assault, the person who was the victim of an insurance company that refuses to be a "good neighbor,” or the company that does not have “good hands" when they are needed, or the person who was the victim of a doctor or hospital who failed to provide health care services that were up to the standard of care in the community. Those are the lawyers who call themselves “ consumer attorneys.”
The consumer attorney is not the lawyer representing the criminal client and who got his fee "up front" before going into court. The consumer attorney is not the lawyer who is being paid $300 or $400 per hour by his corporate clients. The consumer attorney is the attorney who has agreed to represent the client with no assurance that he or she will ever be paid. The consumer attorney takes the case on a contingent fee basis and, frequently, even advances the money necessary for the costs for bringing the lawsuit.
Yes - there IS something different about a consumer attorney. And - that's why insurance companies and big corporate interests are trying to put them out of business by eliminating the contingent fee agreement. Without the contingent fee agreement, the ordinary citizen - the consumer - most of the time would not be able to afford access to the courts and to justice. The consumer attorney is the "key" to the door of the court house for the ordinary citizen.
is not the lawyer who is being paid $300 or $400 per hour by his corporate clients. The consumer attorney is the attorney who has agreed to represent the client with no assurance that he or she will ever be paid. The consumer attorney takes the case on a contingent fee basis and, frequently, even advances the money necessary for the costs for bringing the lawsuit.
Yes - there IS something different about a consumer attorney. And - that's why insurance companies and big corporate interests are trying to put them out of business by eliminating the contingent fee agreement. Without the contingent fee agreement, the ordinary citizen - the consumer - most of the time would not be able to afford access to the courts and to justice. The consumer attorney is the "key" to the door of the court house for the ordinary citizen.
