FREQUENTLY ASKED QUESTIONS
How Much Will it Cost?
What is Negligence?
What is Personal Injury?
What is Wrongful Death?
Anatomy of a Claim
Hiring the Best Attorney
What is the Next Step?
HOW MUCH WILL IT COST?
Nothing until your case settles!
Steinfeld & Associates provides professional representation on a contingency basis which means our fees are based upon a percentage of the recovery. Unlike lawyers which require their clients to pay up-front "costs".... our firm advances all costs for reports and records including medical records, police reports and expert witness reports. We also advance all costs for expert witness fees, court filing fees, process serving fees, private investigators, photographers, graphic artists, experts fees for consultation and/or appearance at deposition and/or trial, jury fees and transcripts including but not limited to deposition, trial or hearing. Therefore you pay nothing until your case is settled!
WHAT IS NEGLIGENCE?
Negligence is the basis of tort law. A "tort" is a civil wrong. The law requires that all individuals conduct themselves in a reasonable manner. If an individual acts in a manner which is reasonably "foreseeable" to result in injury to another.... they may be held liable for injury resulting therefrom.
For example.... is it foreseeable that someone driving 65 in a 35 mph zone may cause an accident as a result of their speeding? Yes.
Is it foreseeable that an intoxicated driver may cause an accident as a result of their intoxication? Absolutely.
Is it foreseeable that an automobile produced with insufficient roof strength may cause serious injury or death to it's occupants in a roll-over? Yes.
Is it foreseeable that injury may result when an inattentive parent allows their child to leave a skateboard at the bottom of a stair in an apartment complex?
It doesn't matter if the tort involves products liability, premises liability, slip & fall, dog bites, vehicle/pedestrian accidents, toxic torts or drug manufacturer liability.... the main element of a tort involves "foreseeability" of injury.
Therefore liability arises when an individual acts in a manner which is reasonably foreseeable to result in injury to another.
What is Contributory Negligence/Comparative Fault?
Contributory negligence is similar to the above analysis involving negligence.... but from the perspective of the victim. If the victim contributes to their own injury the value of their claim is reduced accordingly.
For example.... a passenger who knowingly gets into a vehicle with a drunk driver will be partially responsible for their injuries.
Will the value of a passengers claim be affected if they failed to wear a seatbelt? It depends.... whether the seatbelt would have prevented or reduced the passengers injuries. A seatbelt defense is a very common defense argued by insurance companies.
Is a tenant partially at fault for tripping on a skateboard at the bottom of a stair when they are carrying groceries and can't see where they are going? Yes.
Contributory negligence/comparative fault directly affects the value of a victims claim. If the victim is 20% at fault....the value of their claim will be reduced accordingly by 20%.
WHAT IS PERSONAL INJURY?
Personal injury is an all-inclusive term referring to injury to one's body, mind or emotions resulting from the wrongful act or negligence of another. Personal injury law encompasses too many fields to list but here are the major areas:
INJURY
Amusement Park Rides
Animal & Dog Bites
Aviation
Brain Injury
Construction Accidents
Pedestrian Accidents
Premises Liability
Slip & Fall Accidents
Wrongful Death
VEHICLE ACCIDENTS
Auto Accidents
Motorcycle Accidents
Rollover
Truck Accidents
DANGEROUS PRODUCTS
Drugs
Tire Separation
MEDICAL MALPRACTICE
Birth Injury
Medical Malpractice
MESOTHELIOMA & ASBESTOS
Asbestos
Mesothelioma
MOLD
NURSING HOME ABUSE
Elder Abuse
WHAT IS WRONGFUL DEATH?
A wrongful death action is a claim for damages for the death of a person when that death was caused by the wrongful act or neglect of another. The purpose of the action is to compensate persons who have a relationship with the decedent for their pecuniary loss.
There are three categories of persons entitled to bring a wrongful death action.
1) The first category consists of the decedent's surviving spouse, domestic partner, children and issue of deceased children, or, if there is no surviving issue of decedent, the person, including the surviving spouse or domestic partner who would be entitled to the property of the decedent by intestate succession.
The right to sue as a surviving domestic partner is limited to members of the "same" sex over the age of 18 who have registered as a domestic
partnership, and members of the "opposite" sex in which at least one person is over the age of 62 and meets the eligibility criteria for old-age social security benefits.
Unmarried cohabitants who do not meet the above criteria have no standing to sue for wrongful death.
2) The second category of persons entitled to bring a wrongful death
action includes those who were dependent on the decedent, a decedent's putative spouse, children of the decedent's putative spouse, stepchildren
of the decedent and parents of the decedent.
A "putative" spouse is a surviving spouse to a void or voidable marriage
who believed in good faith that their marriage to decedent was valid.
3) The third category of persons entitled to bring a wrongful death
action includes any "minor" who resided in the decedent's household for 180 days prior to decedent's death and who was dependent upon the decedent for 1/2 or more of his/her support.
Recovery for the wrongful death of a decedent is limited to the pecuniary losses suffered by plaintiff's including (a) present value of future contributions,
(b) value of personal service, advice and training, (c) loss of society and companionship and (d) funeral expenses.
A "survival" action is a claim that is based on a cause of action that accrued during decedent's lifetime. A survival action may be brought by decedent's successor(s) in interest. A survival action is not a new cause of action but is a continuation of the cause of action the decedent held before they died.
Recovery for damages in a "survival" action are generally limited to
(a) medical expenses, (b) loss of earnings and (c) punitive damages.
Damages in a wrongful death action may not include damages recoverable in a "survival" action. The actions are conceptually separate and distinct. A wrongful death action is a statutory action based on the death of the decedent, while a "survival" action is a continuation of a cause of action that the decedent had before he/she died. Damages for decedents pain and suffering are not available in either a survival or wrongful death action.
ANATOMY OF A CLAIM
Investigation
The initial stages of representation involves obtaining sufficient factual information to frame the complaint, estimate the value of the case and determine possible defenses. The attorney obtains documents including police reports, medical and employment records and conducts interviews relating to the accident, the client's medical and financial condition as well as interviewing witnesses and obtaining relevant information about the adverse party.
Demand
The attorney then prepares a Settlement Demand setting forth the factual analysis and legal theories including all documentation supporting damages. If the parties are successful in negotiating a settlement the victim signs a General Release, releasing the adverse party from further liability and their insurance company issues a check which is placed into a trust account. Your attorney will generally contact all medical providers and attempt to reduce their bills. After all outstanding obligations (including attorney's fees and costs) have been paid the remaining proceeds are paid to the client.
Filing a Lawsuit
But what happens if the parties are unable to reach a settlement? Your attorney files a lawsuit. The victim is called the "plaintiff" and the adverse party is the "defendant'. The document which sets forth plaintiff's claim is called the "Complaint" which is personally served on defendant who must file an "Answer" within 30 days after service.
Discovery
Discovery is the process of obtaining information about the adverse party including their version of the facts, legal contentions as well as medical and financial documents. Discovery usually begins with "Interrogatories" which are written questions requiring written responses. Each party serves the other party with a "Demand for Production of Documents" requesting documents concerning the accident, financial accounts, medical records, licenses, titles and other documents supporting their damage claim. After these documents have been thoroughly reviewed a "Deposition" is scheduled wherein the deponent responds to questions under oath. A deposition usually involves the deponent, attorneys and a court reporter.
Discovery is a long and time-consuming task usually taking several months to more than one year. After discovery is completed the attorneys often re-open attempts to negotiate a settlement.
Arbitration
If the parties are still unable to settle their case it may be set for Arbitration. An Arbitration is an informal means to allow the parties to present their claims to a neutral-objective third party called an arbitrator. Counties vary on their use of Arbitration to reduce the courts case load. Some counties require mandatory Arbitration while other counties allow the parties to arbitrate their cases if they elect Arbitration.
Preparing for Arbitration is similar to preparing for trial. The attorney must submit an Arbitration Brief to the arbitrator setting forth their factual allegations and legal analysis along with all documentation supporting damages including medical records, pain and suffering, property damage and loss of earnings.
After presiding over the Arbitration the arbitrator renders their decision which is non-binding on the parties.
Trial
If the parties are unable to reach a settlement their case is set for jury trial. Civil jury trials can be very expensive because they involve expert witnesses who either rendered services (e.g. emergency room physician, treating doctors) or witnesses who make their living testifying as experts (e.g. a doctor who reviews medical records and testifies based upon his/her review).
Each party presents their case to the jury (trier of fact) whose function is to determine the facts of the case. Every trial (by definition) involves disputed facts. The judge's function (as trier of law) is to judge the legal issues (which are often disputed by the attorneys) to assure that only relevant law is presented to the jury. Simply put....the jury determines the facts and the judge determines the law.
After each side presents their case to the jury the judge provides Jury Instructions which include the relevant law that will guide the jury in their deliberations. After deliberating the jury renders a verdict and the judge makes the appropriate orders/judgment.
Jury trials can be very stressful and exhaustive for the clients as well as counsel. Therefore it is imperative that your attorney have jury trial experience.
HOW TO HIRE THE BEST ATTORNEY
If you've suffered an injury through someone else’s negligence you may be faced with overwhelming medical bills, loss of income and property and be in constant pain.
Locating the best lawyer for your case can seem like a daunting task. There are, however, some guidelines that you can follow to help you select the right attorney.
Choose an Attorney Who is Experienced
One of the most important factors to consider in choosing an attorney is experience. Does your prospective attorney have experience in personal injury law? An attorney who just passed the bar exam can call himself a personal injury attorney…. or a toxic torts attorney…. or a medical malpractice attorney etc. But do they have any experience?
Patrick Steinfeld has been practicing law since 1988 has helped countless victims obtain financial settlements and awards through informal negotiations as well as formal litigation. Mr. Steinfeld is licensed to practice in every State court in California.
Choose an Attorney Who Specializes in Serious Accidents Choose an attorney who specializes in serious accidents and devotes their entire practice exclusively to serious injury and wrongful death cases.
An attorney who concentrates solely on serious injury and wrongful death law has a decided advantage for many reasons. They understand the complexities of personal injury representation and can keep abreast of the latest developments and ever-evolving laws, and are more likely to know the habits and tactics of opposing counsel-all of which give their clients an advantage.
Attorneys with demonstrated experience dealing with insurance companies have acquired a hard-earned, well deserved degree of credibility with these defense prone entities which equates to more money for their clients.
Steinfeld & Associates is devoted exclusively to representing victims involved in personal injury and wrongful death cases.
Choose an Attorney with Trial Experience Another important question in choosing an attorney is whether the lawyer has experience trying cases before a jury. Although most claims are settled out of court, a seasoned trial attorney is more likely to obtain higher settlement offers because the insurance company wants to avoid the high cost of litigation as well as the potential for an adverse jury award.
Choose an Attorney You Like You are going to spend a lot of time with your attorney so select one who you are comfortable with. If you like your attorney, chances are a jury will like them also. Like-ability, personality and charisma are important factors in oral persuasion. If your lawyer is deficient in one of these areas he/she will be less than optimal in presenting your case to a jury of twelve strangers.
Conclusion
Patrick Steinfeld is an experienced attorney who specializes in representing victims of serious injury and wrongful death. He has been practicing since 1988 and is experienced in trying cases before a jury. He is an outstanding orator gifted in the art of persuasion and his fees are standard in the industry.
If you would like to speak with a professional please call us toll free at
(877) CAL-VICTIM.
WHAT'S THE NEXT STEP?
Call us toll-free at (877) CAL-VICTIM. Patrick can also be reached online through our Contact Us button....or email him at patrick@calvictim.com.
Serving California's Victims Since 1988
