FAQ
Important Note: The materials
available at this web site are for informational purposes
only, not for the purpose of establishing an attorney
client relationship or providing legal advice, and should
not be relied on as legal advice. Use of and access
to this web site does not create an attorney client
relationship between PAOLI & GEERHART LLP and the
user or browser.
What should
I do if I am injured because of someone else’s fault?
If you are injured in an accident, try to get as much
information as you can about the identity of the person
or company that is at fault, including the name of their
insurance company, and the identity of any witnesses.
For example, if it is an automobile accident, get the
other driver’s name, address, telephone number, insurance
policy number, license plate, and driver’s license number.
Tell your insurance company about the accident. You
are under no obligation to speak with the other party’s
insurance company.
Is it important
that I seek prompt medical treatment?
The first thing you need to do if you are injured is
take care of yourself by going to the nearest emergency
room or by seeing your family doctor. If you think you
are hurt, it is usually a good idea to seek medical
care right away. Your doctor will recommend the best
course of treatment. A delay in seeking treatment may
be seen by others as evidence that you were not really
injured in the accident.
Should I give
a statement to the other party’s insurance carrier?
You are under no obligation to speak with the other
party’s insurance company. We recommend that you speak
to a lawyer before giving a statement to the insurance
company. Many lawyers, including us, are happy to assist
you in deciding whether to give a statement to the other
party’s insurance company, even if you plan to handle
your claim yourself. You are welcome to call us for
advice.
Should I authorize
the release of my medical records to an insurance company?
It is appropriate to release information about your
injuries to the other party’s insurance company,
on the condition that they provide you with a copy of
the records they obtain. Be sure to narrow the scope
of the authorization to permit the release of only pertinent
information concerning the injury you suffered, and
not your entire medical history.
What should
I do if I am injured by a defective product?
An important piece of evidence in a product defect case
is the defective product. If possible, you should preserve
the product, or photograph it. For example, if you are
injured by a defective household appliance, don’t
let anyone throw it away. If you do not own the product,
get an agreement from the owner that it will be preserved
or, better yet, get permission to store it yourself
at home. Then contact an attorney to discuss whether
you have a case.
Is there a
fee to speak with you about a case?
No. Simply call us to discuss your matter. If we think
your case has potential, we will then set up a meeting
at our office. There is no charge for the initial meeting.
We handle most cases on a contingent fee basis (see
below).
What is a contingent
fee agreement?
Most of the cases we handle are done on a contingent
fee contract. Under this type of fee contract, you do
not have to pay any fees until your case is resolved.
If we are able to settle your case, or if the case goes
to trial and you win a judgment, our fees are a percentage
of the settlement or judgment. If you lose your case,
there is no fee. Contingent fee agreements are negotiable
and must be in writing. We generally advance costs of
litigation. Costs we advance are paid from the settlement
or judgment.
How much is
my case worth?
Every case is different, and the amount of compensation
that can be recovered through legal action depends on
many things. Whether liability is clear, and how severe
is the loss or injury are the two most important factors.
The amount of compensation that can be recovered in
a case can be significantly affected by questions about
the amount of fault of the other party. Permanent injuries
that diminish a person’s ability to enjoy life are seen
by insurance companies (and juries) as having much higher
value to a person than milder injuries that have fully
resolved. The amount of compensation can also be limited
by the amount of insurance the responsible party has
to cover the loss.
Is there something
I can do to protect myself against the possibility of
not being fully compensated for my injury because the
party at fault has too little insurance?
We recommend to all of our clients that they purchase
insurance with high limits so they can also have high
limits of uninsured motorist coverage. This is the only
effective way to make sure there will be substantial
insurance money available to compensate you (and your
family and passengers in your car) if you are injured
by a uninsured or under insured driver. Often the additional
cost of raising your coverage limits is surprisingly
modest.
The other
driver had no insurance or very little insurance. Do
I have a case?
If you have uninsured motorist insurance (UIM) coverage
on your own policy, you can be paid by your own insurance
company the compensation you could have recovered from
the uninsured or under-insured driver, up to the policy
limit of your insurance. Even though you will now be
dealing with your own insurance company, you will probably
still need a lawyer to help you receive the compensation
you deserve.
Can I switch
attorneys if I am unhappy with my current attorney?
Yes. You are not "stuck" with an attorney
you have retained. If your case has merit, another attorney
may agree to represent you. In a contingent fee agreement
case, the former attorney may have a right to some portion
of any attorney fees that are paid in your case , but
this should not increase the fees that are paid. The
new attorney and the former attorney will share the
fee.
Will my case
go to trial?
Statistically, about 90% of all civil lawsuits are settled.
That does not mean your case won’t go to trial. We prepare
every case as if it will go to trial. We believe that
by being prepared to try your case, we maximize the
chance of settlement and the amount of compensation
we are able to obtain for you.
What can
I expect to be my time commitment in the case?
First, every case takes approximately one year to work
its way through the court system after a lawsuit has
been filed. Before that, depending on the statute of
limitations that applies to your case, there is time,
usually one or two years, to try to reach a settlement
without filing a lawsuit. After a lawsuit is started,
there are several things you will do in the case that
can require hours to weeks of your time, depending on
whether a trial is necessary.
What is the
statute of limitations?
A “statute of limitations” is the deadline
for filing a lawsuit, after which your legal right to
make a claim is lost completely. Most personal injury
cases must be filed with the court within two years
of the injury. Most professional malpractice cases must
be filed within one year from the time malpractice is
suspected. If the defendant is a government agency,
most claims must be made in six months. There are exceptions
to some of these deadlines, and the deadlines for children
are different in most cases. You should talk to a lawyer
even if you think the statute of limitations in your
case may be expired. Don’t wait until the last
minute! Retain experienced counsel as soon as possible
after the accident. This time goes by very fast, so
you should retain an attorney as soon as possible to
help you.
What do I
do if my child has been injured?
Generally, the statutes of limitations for minors (under
18 years old) do not begin until they are eighteen years
old. However, this is not true in all cases, including
professional malpractice cases. Also, government claims
must still be made in six months. We often recommend
that minors prosecute their claims promptly while witnesses
are available. You should consult with an attorney right
away to make sure you are making fully informed decisions
for your injured child.
I was hurt
at work. Do I have a case?
Usually, workplace injuries are covered by workers’
compensation insurance, and a workers’ compensation
claim is the only remedy. However there are exceptions.
For example, if your injury was caused by a defective
product or a "third party" (not your employer
or someone working for your employer), you may have
a claim against the manufacturer of the defective product,
or against the third party, and you should consult an
attorney. We have successfully handled many work related
injuries. In any event, you can claim under your employer’s
workers’ compensation insurance coverage. We do
not prosecute workers compensation claims, but we can
give you a referral to a qualified workers’ compensation
attorney.
I believe
I was discriminated against or unfairly fired at work.
Do you handle those kinds of cases?
Yes. We handle cases where an person claims he or she
was discriminated against because of race, national
origin, religion, age, sex, or disability. Please call
us to discuss.
What other
areas of law do you handle?
We handle civil rights, legal and medical malpractice,
premises liability, including negligent security, and
some other specialized areas of law. Call us if you
have a question about whether your case is one we handle.
If it is not, we will try to refer you to another lawyer.
I am being
sued. Can you help me?
We represent injured people (plaintiffs) only. You do
have a right to defend yourself in court. Be sure to
check with your automobile or homeowners insurance carrier
first -- usually it will provide you with an attorney.
I was assaulted
by someone. Can I recover damages?
It all depends on whether that person has assets, or
was in the "course and scope of employment"
for a business at the time of the accident. We have
handled many cases of this type.
How do I contact
you?
Call either Tom Paoli or Chuck Geerhart at 415 498-2101,
extension 103 or 102. Fax us at 415 498-2104. E mail
us at this website or pglaw@mail.com or complete the
contact form on this website. We’ll be glad to discuss
your case.
Important Note: The materials
available at this web site are for informational purposes
only, not for the purpose of establishing an attorney
client relationship or providing legal advice, and should
not be relied on as legal advice. Use of and access
to this web site does not create an attorney client
relationship between PAOLI & GEERHART LLP and the
user or browser.
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