Lieff Cabraser Heimann & Bernstein, LLP

Q: What is a personal injury action?

A: This is a lawsuit brought by an individual who has suffered physical or mental harm as the result of the wrongful conduct of another.

Q: What is negligence?

A: Negligence is the failure to act with reasonable care under the circumstances. A negligence claim focuses on the conduct of the party being sued (the defendant). If negligence was severe and the defendant highly irresponsible, it can justify an award of punitive damages.

Q: How quickly should I hire an attorney?

A: Each state has a deadline for filing lawsuits, which is known as the statute of limitations. In some states, it is one year from the date of the accident or injury. Other deadlines imposed by state law may require you to take action sooner than one year. It is very important to preserve all relevant evidence, such as the defective vehicle or medical device.

Q: What are my legal rights after an accident or injury?

A: In most states, an injured victim may bring a case for negligence and other legal claims. Spouses can also join cases or make independent claims because they are entitled to compensation for loss of support and other benefits of marriage. In wrongful death cases, most states entitle the spouse and children of the deceased to sue those responsible.

Q: Will I have to pay a fee for your initial review of my case?

A: No. We review cases free of charge.

Q: How much will I be charged if you take my case?

A: We will discuss our contingent fees (a percentage of the recovery we obtain) and agree to terms in a written contract. We do not charge hourly fees, and we earn nothing until you receive a recovery.

Q: Who will I sue?

A: This depends on the facts of your case. To increase your chance of recovering damages, we investigate the conduct of all potential defendants. For example, if a case involves prescription drugs, we examine the conduct of the manufacturer, the pharmacy, and the prescribing physician. In vehicle injury cases, we thoroughly review the car or truck design for safety defects.

Q: How long will a lawsuit take?

A: We cannot predict the time required to resolve a case. Typically, many months pass before conclusions can be reached. Sometimes cases settle shortly after filing, or perhaps even before. In other cases, final resolution may take two years or more.

Q: How do I select an attorney to represent me?

A: An attorney with substantial experience successfully handling similar cases, combined with a passion for achieving justice for each client, is the best choice. It is also critical to choose a firm with the large financial resources required to conduct the case through trial and, if necessary, an appeal.

Q. What recovery will I receive?

A: In most jurisdictions, if the defendant (the company being sued) is found liable, you are entitled to full compensation for your financial loss. If you suffered a personal injury, the defendant must pay for past and expected medical care, your past and future lost earnings, and an amount to compensate you for pain and suffering. Your spouse may also be entitled to an award. If a loved one died, the recovery is usually based on the amount of lost economic support and services, plus, in some jurisdictions, compensation for grief and mental anguish. In some states, very bad conduct also entitles survivors to punitive damages.

Q: Why shouldn’t I just work things out with the defendant’s insurance company?

A: Resolving a case involving catastrophic injuries or a death without legal representation is not wise. Accidents raise complex questions about what happened, who was legally responsible and how the matter should be resolved. Corporations and their insurers naturally want to minimize their payments to victims and families. Our duty is to identify responsible parties and strive for full, fair compensation for your losses. Lieff Cabraser investigates complex cases thoroughly and can help assure that the guilty party will not be able to hide misconduct.