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Nobody researches criminal defense attorneys when things are going well – it is only after you or someone you know is arrested, or you find out you are under criminal investigation that the thought even occurs to you.  When you start looking for a good attorney it is usually because you need one…now.

But selecting an attorney is not something you should do off the cuff – it is a major decision that could have implications on the rest of your life.  You wouldn’t buy a car because the dealer was the first one you found online, you’d do some research and put some thought into it – and the same should be done when hiring a lawyer.

The right criminal defense attorney can mean the difference between walking out of the courtroom free or spending time in jail.   The right personal injury attorney can make sure you get properly compensated for your injuries.  Here are some things to consider when interviewing people to be your attorney.

Shop Around

Don’t just hire the first person to call you back.   There are plenty of lawyers out there and a lot of them are really good at what they do – unfortunately some of them are not so good.  You have a better chance of knowing what kind of lawyer your dealing with if you talk to a few and compare what they have to say.

Most criminal defense attorneys and personal injury lawyers will offer a free consultation.  Take them up on it.  It is your chance to talk to the lawyer about your case and get some initial thoughts on the strength of your case and the likelihood of a successful outcome.  Most lawyers are happy to provide this consultation by phone – this is a good option to allow you to get an initial impression as to whether you might want to hire them.  If you get a good impression – you can schedule an in-person meeting later.

Experience Matters

How long has the attorney been practicing law?  What areas of law do they concentrate on? Have they ever handled a case like yours before?  Do they have trial experience?

Believe it or not, there are personal injury lawyers out there who do not actually take cases to court – they will take your case and try to settle with the insurance company, but when the time comes to file a lawsuit and get ready for trial, they bail on you.  There are criminal defense attorneys who shy away from trial and try to plea you out at the first opportunity.   Sometimes a plea deal is your best option – but if it’s not, you want someone who is comfortable in the courtroom sticking up for you.

On the personal injury side – you want an attorney that will work hard to resolve your case without a long and painful court process, but if push comes to shove and the case must be tried, you want an attorney with trial experience by your side.

Find out if the attorney you’re interviewing has handled a case like yours before, and what their plan is if they cannot come to a resolution early-on in the process.

Who Will be Handling your Case

Is the person you are talking to the lawyer who will be handling your case?  Is the person you are talking to even a lawyer?  Most firms use “intake specialists” or have paralegals to triage calls about new cases.  They can get crucial information and pass it along to the attorney so he or she can be ready to give you a meaningful consultation.  But some firms have their “intake specialists” try to get you to sign paperwork before you even speak to an attorney.

Be careful – you want to know who at the firm will be responsible for your case before you agree to be represented – and you want to know how you can get a hold of that person if you need to speak to them.

Does Location Matter?

The short answer: it depends.  For a criminal case, there is no way around it.  You are almost always better off going with a local attorney who practices in the county where you are charged.  Criminal cases typically take multiple in person court appearances before they resolve.  You’ll want to be able to meet with you attorney face to face to discuss case strategy, plea options and review evidence.

In a personal injury matter – a lot depends on your comfort level.  If you are comfortable with computers – paperwork can all be sent electronically.  Consultations and case updates can be done by phone, video conference or via email.  Most court appearance can be done remotely.  Your attorney can travel as needed for other case events.  As long as you are comfortable with an attorney who doesn’t have an office down the street you can go with someone further away.

Trust

The attorney you choose must be someone you are comfortable with.  Your attorney is going to be learning a lot about you and your life.  In a criminal case they will be hearing embarrassing and painful allegations about your behavior and will be discussing those allegations with you in detail.   Your attorney will expect honesty from you – and in return may have to tell you some hard truths. You will be discussing things with your attorney that you might not ever discuss with anyone else.  Is this someone whose judgement you trust?  Someone you believe is looking out for your interests when tough decisions must be made?  They better be.

In a personal injury case your attorney will be reviewing your medical records, talking to you about symptoms or conditions you’d probably rather not discuss with anyone.  They will be talking to your family members, neighbors and friends – gathering information to strengthen your case.  This is someone whose shoulder you might cry on after a tough deposition and who, hopefully, you’ll be celebrating with when you finally get the compensation you deserve.

Make an honest assessment as to whether the lawyer you are interviewing is a person you can see going through all of this with.

The lawyer you choose will be a big part of your life, whether the case lasts weeks or drags on for years.  Take the time to make sure you get the right one.  If you are feeling pressured to sign a retainer right away, or feel you are getting a hard sell – you should ask yourself who’s interests that lawyer is really looking out for.

Contact or call me today at (619) 719-1087 to find out if I’m the right lawyer for you.  If not – I’ll be ready with a referral to someone who might be a better fit.

You’ve been rear ended on the highway, or you’ve fallen in a store and injured yourself.  You’ve gone to the hospital, followed up with your primary care doctor or have started chiropractic treatment.  Maybe you’re getting better, but not 100% there yet, or your pain is still as bad as the day of the incident – How much time do you have before you need to file a lawsuit?

After exchanging information at the scene and seeking medical attention – speaking to a personal injury lawyer should be one of the first things you do after you are injured in an accident.  Dealing with insurance companies, compiling medical records and police reports, interviewing witnesses and preparing your case are time consuming and complicated. The right attorney can take a lot off your plate and allow you to focus on your recovery.

A negligence case has a different statute of limitations than a medical malpractice case – and if the party that injured you is a government or public entity there is a different process altogether.   Below are some common deadlines for cases where personal injuries are involved.

Most Personal Injury Cases: Two Years to File Suit

In California, the statute of limitations on most personal injury cases is two years from the date of your injury.  California Civil Procedure Code § 335.1 provides that a case for “…injury to, or death of, an individual caused by the wrongful act or neglect of another” must be filed within two years.  If you allow the second anniversary of your injury to come and go without having filed a lawsuit you will not be able to successfully sue the person who injured you, and will not be able to recover anything in compensation for your injuries.

Two years is usually long enough to determine what direction your medical treatment is going – whether you will get better through physical therapy or other conservative treatments or whether your medical provider recommends surgery or other more aggressive intervention.

If you have not finished treatment and your statute of limitations date is approaching – you need to file the lawsuit.  It is fairly common for cases to be filed while an injured party is still actively treating- and a well prepared attorney will know how to handle new diagnoses and new treatment plans that come about while the case is pending in court.

Two years sounds like a long time – but this doesn’t mean you have time to waste. Preparing and filing a personal injury lawsuit – whether it is a relatively simple rear end accident or a more complex products liability case – takes time to do right.

Cases Against Government Entities: Six Months to File a Claim

Cases against the employees of public entities and the entities themselves follow a different set of rules.  Under California Government Code section 811.2, a “Public Entity” is defined as “the state, the Regents of the University of California, the Trustees of the California State University and the California State University, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State.”

Often referred to as The California Tort Claims Act or the Government Claims Act – the law grants people the right to sue public entities, but only if they follow a strict and specific set of rules first.

If you have been injured as a result of a dangerous condition on public property, or as the result of negligence of a public employee – you must file a claim with the public entity that injured you no later than six months from the date of your injury.  Failure to file the claim within six months (with very few exceptions) will lead to you losing the chance to pursue your case.

Some examples of claims against a public entity:  a car crash involving a police car or city bus; tripping on an uneven section of city sidewalk; slipping on water allowed to collect on the floor of a state university building; getting into a car crash because of a negligently designed or poorly maintained Caltrans road.

Sometimes it can be difficult to tell if you are dealing with a public entity – that is why it is important to speak to an attorney with experience in government claims soon after your injury.  It could mean the difference between getting compensated for your injury and being prevented from pursuing a case due to a missed deadline.

After the public entity receives your claim they have 45 days in which to accept or reject it.  If they reject your claim (which is almost always the case) – you then have six months from the date of the rejection in which to file a lawsuit.

Medical Malpractice: One Year to File Suit (Must Give Defendant 90 Days’ Notice Before Filing)

California Code of Civil Procedure section 340.5 states that “In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.”

This is a mouthful, but what it boils down to is that you must file your lawsuit against a doctor or other healthcare provider before the one-year anniversary of the date you “should have discovered” that you were injured by that healthcare provider’s negligence.  In addition to this relatively short amount of time in which to file, the law puts another hurdle in your way – you must give the hospital, doctor or other healthcare provider 90 days’ notice before you file your lawsuit.

Like all areas of the law – medical malpractice is complex and highly technical.  You should speak to an experienced attorney as soon as you suspect you have been injured by a healthcare provider’s professional negligence.

As you might imagine – things get more complicated and you have to keep multiple deadlines in mind when your are dealing with a combination of case types – for example if you are injured in a car accident with another person and are taken to a hospital run by a state university where your injury is made worse by the negligence of a medical provider.  An experienced attorney can sort through the facts of your case and keep you on the right track to a timely filing and resolution of your case.

Exceptions

This blog post doesn’t cover all the possible deadlines, statutory or otherwise, that might affect the outcome of your case. There are various exceptions that can work to extend the time in which you can file a lawsuit – but it is best not to rely on any of these protecting you from the deadlines you are facing in filing your lawsuit.  If you have been injured, you should speak to an attorney right away.

Contact or call me today at (619) 719-1087 for your free consultation.

If you are seriously injured your only concern at the scene of your accident should be to get medical attention immediately – this post covers what to do to strengthen your case if you are medically stable at the scene.

A personal injury claim may be the furthest thing from your mind in the moments after an accident – your ears may still be ringing from the impact of the cars, or you may be on the floor – in pain and embarrassed after having fallen.  Your first concern, of course, is your safety and the safety of those around you.  But if it is safe to do so – and you are medically able – this is the time to start collecting information and documenting the scene.  If someone is with you and you are too injured – ask them to help.

If you have a cell phone with you the job becomes easier – start taking pictures.  Things you should be sure to get at the scene:

Car Accident

Sometimes the police don’t respond to a car accident, other times they respond but don’t get all the information you need.  Here are some things you should document on your own:

• The other driver’s license and insurance information
• A picture of the other driver and their car (including license plate)
• Damage to any car involved in the accident – inside and out (take as many shots as necessary)
• Any marks or objects in or on the roadway
• A shot of the area where the accident occurred – street signs, mile markers, a street address or an intersection all help pinpoint the exact location
• The names and phone numbers of witnesses (write it down – then snap a photo to back it up)
• Take note of emergency responders – police, fire and ambulance – what department or agency are they from? This will be helpful in tracking down records later

Slip/Trip and Fall

One of the biggest challenges with an injury from a fall is proving what caused you to fall in the first place.  Did you slip on liquid? If so, was it water or some other substance.  Did you trip over a loose rug, a dangerous step or on some object that has been left out?  As time goes by it gets harder to prove what caused you to fall – a photograph taken shortly after goes a long way to putting these questions to rest. Here are some things you should do:

• Photograph the floor or ground where you fell, including the surrounding area
• Photograph any substance or object that caused you to fall
• Get the names and phone numbers of the people around – eye witnesses can make or break this type of case.
• Often employees of the establishment where you fell will “forget” whether they were present when asked about it later. Getting their names, or catching a photo of them cleaning or repairing the area, will help with reminding them of the incident.
• Keep the shoes and the clothing you were wearing at the time
• Document your injuries as they heal – bruises tend to get worse before they get better and it helps to show your injuries at their worse.

Dog Bite

Being bitten by a dog is a terrifying experience.  It is difficult to collect yourself after such an event.  Collecting crucial information at the scene can strengthen your case and help maximize your compensation.  Be sure to:

• Photograph the dog that bit you, the dogs owner or handler and – if possible – the dog license or other identifying information
• Get the owner’s information – name, address and phone number
• Find out the dog owner’s information – Homeowner and Renter insurance policies often cover dog bites that occur even off the property
• Get the names and telephone numbers of witnesses

Regardless of what caused your injury the most important thing you can do – both for your health and for your case – is seek medical attention.  If it is an emergency don’t hesitate to take an ambulance to the emergency room.  If that is not warranted, then go to an urgent care, or make an appointment with your primary care provider.  The sooner you are seen by a medical professional the sooner you can get on the road to recovery – and the sooner the paper trial begins regarding your injuries.

After seeking medical care and documenting the scene – your next step is speaking to an experienced personal injury lawyer. Contact or call me today at (619) 719-1087 to discuss your case.