An attorney’s fee is usually negotiated at the time of signing the retainer agreement.  Generally, the amount charged to handle the case depends on the complexity of the case, the time at which it settles, and the anticipated costs that the attorney may have be invest.  Forty percent (40%) is the fee that is typically charged as the maximum fee if the matter is litigated through trial or arbitration.

The only way to know if your San Diego attorney is willing to consider a lower fee is to ask.  If there isn’t much of a fault (liability) issue, you may be able to find a less expensive lawyer.  However, keep in mind that the skill and reputation of your attorney is very important.

Once the settlement check is received, you can, and should, ask your personal injury lawyer for a copy of the personal injury settlement check.  As a client, you have an absolute right to see a copy of the settlement check, as well as to review a copy of the settlement breakdown sheet before the check is deposited.  Usually, the insurance company check has both your name and your attorney’s name on it, so you would typically have to endorse the check before it could be place in your attorney’s trust account.  Ask you attorney to provide you with a copy of the actual settlement check forwarded to him/her by the insurance company, as well as a copy of all checks written.

One of the most common questions we are asked in connection with a personal injury matter is: How much is my case worth?  We have found that most personal injury claimants want to know how much money their case is worth.  And sometimes, they want to know the answer before they have been to the doctor.

The answer to this question, simply put is, it depends.  We need to analyze every case in order to determine how much the case is worth.

In determining how much a case is worth, we first need to make sure that the claimant has finished treatment.  Once treatment is finished, we can obtain all of the final bills and medical records.  At that point, we can then evaluate several factors to determine how much a case is worth.  We would start by evaluating the economic damages, including, but not limited to the following:

• How much are the medical bills?
  
• Were there any lost wages?
  
• Was money spent for such expenses as a rental car, medication, etc?
• How severe are the injuries?

Determining how much my case is worth

In order to evaluate a case, we would want to determine, is this a permanent injury?  Generally, one who suffers permanent injuries would likely recover greater damages than one who just suffered from cuts and bruises.

We would also want to determine what types of general damages have been incurred.  The term general damages includes pain, suffering, humiliation, and distress.  General damages typically are more difficult to prove because they are more subjective and will vary case by case.

Finally, we would want to determine if there are future expenses.  If there are future medical expenses and/or future lost wages, we would want to make sure it is included in our evaluation for damages.

There are many factors that must be evaluated in order to determine damages.  It is important to seek medical treatment.  If you suffered an injury and are in need of medical treatment, seek it.  Once you are finished with treatment, an attorney will better be able to answer that common question of: How much is my case worth?

One of the most common questions we are asked as it relates to a bankruptcy proceeding is, “What is the difference between filing Chapter 7 vs. Chapter 13 bankruptcy?”  The answer is simple.

About Chapter 7

When filing Chapter 7, the debtor is asking for an immediate discharge of his or her debt.   A Chapter 7 allows an individual to keep certain assets and specifies that a trustee liquidate and distribute other assets to creditors, thereby discharging debts.  While the debtor may lose assets by declaring Chapter 7, the vast majority of debtors don’t lose anything.  We have found that if you do lose something, the loss is generally negligible in comparison to what you gain by the discharge.

Chapter 13 differences

In Chapter 13, the debtor is essentially restructuring his or her debt in the form of a repayment plan.  The repayment plan can last up to a maximum of 60 months.  Chapter 13 generally allows the debtor to retain more assets than Chapter 7.  However, the debtor must propose and adhere to the court-approved repayment plan.  This means making all scheduled payments under the repayment plan, this is the biggest difference between chapter 13 vs chapter 7.

Declaring bankruptcy begins with a determination of eligibility under the means test.  This will determine whether the debtor qualifies for Chapter 7 vs. Chapter 13.