Frequently Asked Questions

Do I need a lawyer?
How much does an attorney charge?
Who can I sue for an on-the-job injury?
What is a statute of limitations in a personal injury case?
What is my personal injury case worth?
What happens if I lose my personal injury case, i.e. who pays for the costs of my case?
My injuries have affected my spouse. Can my spouse file a lawsuit?

Do I need a lawyer?
This will depend on the facts of your case. At a minimum, you will benefit from consulting a lawyer about your particular situation. Balamuth Harrington offers free initial consultations. We can provide you with our opinion regarding your potential case and whether we are the right firm for your situation. If we cannot help you, we can usually refer you to another lawyer or resource more suited to your situation.

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How much does an attorney charge?
In civil lawsuits and civil claims, your attorney will most likely propose a contingency fee agreement. A fee agreement defines the nature and scope of the representation and the amount that the attorney will be paid. A contingency fee agreement means the amount of the attorney’s fee is a percentage of the result obtained. Balamuth Harrington usually works under a contingency fee agreement. Under our contingency fee agreements, we contract to recover our costs and a percentage of the recovery. In most cases, our clients owe us nothing unless we get them a recovery.

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Who can I sue for an on-the-job injury?
You may be limited to workers' compensation for an on-the-job injury. You may, however, be able to sue a "third party" (for instance, someone other than a co-employee or the employer) that is at least partially responsible for your injuries. That party may be subject to a civil lawsuit for your injuries. This is often referred to as a "third party claim.” Balamuth Harrington handles third party claims.

One benefit of pursuing a civil third party claim is that you can be compensated for your pain and suffering and lost wages. These benefits are either not available or are limited in a workers' compensation claim. If you speak to an attorney who handles only workers' compensation claims, he or she may not recognize that you may have a third party claim as well as a workers' compensation claim. Accordingly, it is important to ask your workers' compensation attorney about such a claim, and ask for a referral to an attorney who specializes in civil third party claims. The time within which you may bring a claim is limited by law. Accordingly, it is important that you speak with an attorney as early as possible.

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What is a statute of limitations in a personal injury case?
You should know that this is a complex area of the law and depends on many factors. Nonetheless, in general terms, a statute of limitations controls how long you have to file your lawsuit before that right expires. If you fail to file your case with the court within the applicable statute of limitations, you will not be able to file the claim at all unless some unusual circumstances apply. In California, the time period for filing a personal injury lawsuit is generally two years from the date of injury if the injury happened after January 1, 2003 (it is generally one year if it occurred before January 1, 2003). Again, the facts of your specific case will govern whether this rule applies to your case. For example, the statute of limitations may be longer, significantly shorter, or have other peculiarities depending on whether your claim is against a governmental entity, a healthcare provider and/or whether you are a minor or legally incompetent. There are many other variables. These complexities are what lawyers are trained to handle. Different rules apply to medical malpractice actions. Again, if you miss your statute of limitations, you can be forever barred from bringing your lawsuit. For this reason, we suggest you discuss your situation with a lawyer as soon as possible.

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What is my personal injury case worth?
This is one of the most common questions asked by potential clients, and one of the most difficult to answer. Each case is different, and depends on a wide variety of factors. Civil cases compensate the injured person with money. The compensation you may receive depends on the extent of your damages.

In most cases, there are two types of damages. The first type is called special damages. These are the damages to your "pocketbook" and are numbers that can be calculated. Special damages include past wages lost from your injuries, past medical expenses for your injuries, future wage loss or loss of earning capacity from your injuries, future medical expenses for your injuries, the loss of household services, and related property damage.

The second type is called general damages. These damages are more intangible and are more difficult to calculate. General damages compensate for your past and future pain, suffering, emotional distress, loss of enjoyment of life, etc. that result from your injuries. The value of these damages will partially depend on your lawyer's ability to convey to the judge, jury and opposing counsel the significance of your injury.

There are innumerable factors which can affect the value of your case - these factors can affect how much of your damages you actually recover in a lawsuit, if successful in prosecuting your case. To name a few, these include the extent of your responsibility, if any, for your accident; the extent of your employer's responsibility, if any, for your accident (for work place accidents); whether there are any other claimants to any of the proceeds of your case (e.g., Medi-Cal or medical providers not covered by insurance); the solvency of the defendant; and the availability of insurance. It is important to retain an attorney that is fully aware of all of the nuances of these and other factors so that you will have the best opportunity to maximize any recovery.

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What happens if I lose my personal injury case, i.e. who pays for the cost of my case?
If you lose your case, responsibility for the costs advanced by your attorney will depend on the particular fee agreement that you have with your attorney. If Balamuth Harrington represents you, in most cases the firm will advance all costs necessary for litigation of your case. If your case is not successful, you will not be responsible for any of the costs advanced by Balamuth Harrington. (There are some exceptions to this in certain limited cases.) The risk of losing these costs is a risk borne solely by the law firm. If your case proceeds to trial (i.e., there has been no settlement) and you lose, you may be liable for the costs of the defendant/wrongdoer that you have sued.

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My injuries have affected my spouse. Can my spouse file a lawsuit?
If you have been injured as a result of someone else's fault, your husband or wife may have a claim for what is known as "loss of consortium." Your spouse may be able to recover money for the value of the care, comfort, society, love, support and affection that you are no longer able to provide because of your injury. A loss of consortium claim can only be brought by a spouse who was legally married to you at the time of your accident. The law in California does not currently provide a loss of consortium claim to domestic partners, fiancees, or the like.

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