When can I meet with an attorney?
We are available Monday through Friday 8:00 a.m. through 6:00 p.m. to meet with you at our office located at 2333 First Avenue, Suite 200, San Diego, CA. If you are unable to meet with us during those hours because of obligations including work, our San Diego personal injury attorneys can make special arrangements to meet with you when it is convenient, including making a house call.
Can I afford an attorney?
The attorneys at Haffner & Morgan LLP offer free initial consultations and frequently represent clients on a contingency fee basis. You will not be liable for costs associated for the case unless we in. What this means is that we do not get paid unless we win your case. At the end of your case, our fee gets paid from the negotiated settlement, verdict, or arbitration award, not out of your pocket ahead of time.
What happens first?
When we first begin our representation, a claim is opened against the at-fault person or entity or with their insurance company. Typically, an insurance adjuster is assigned to the claim, and that is the contact person at the outset.
What if the Defendant does not have insurance?
Even if the at-fault person does not have insurance, you may still have a case to pursue if you have Uninsured Motorist Coverage through your own automobile insurance policy. Many people have UM coverage, enabling them to pursue a claim via their own automobile insurance policy even if the at-fault person does not have coverage.
What is Medical Payments coverage?
Often times an injured person may have Medical Payments coverage through their own automobile insurance policy. Many times this coverage can be used to pay medical bills resulting from injuries suffered in an automobile accident.
Can we negotiate to a resolution?
When all of the necessary information is gathered, we send a demand letter detailing what happened, why the other person or entity is liable from a factual or legal perspective, and what the damages are. This is the first step in a negotiation, and will typically be responded to with a first offer. Then a back and forth negotiation will result in a “top offer” which we evaluate and recommend to you whether settlement is appropriate. If a settlement is reached, you will be required to sign a release, which is a voluntary relinquishment of your claims. However, sometimes settlement through negotiation is not possible. The next step is usually litigation.
What are alternatives to litigation?
Sometimes, a pre-litigation mediation is possible, where the parties engage in a facilitated negotiation with a mediator. Other times, a contract between the parties requires them to engage in arbitration, which is an alternative to litigation. In an arbitration, the parties select an arbitrator to hear the evidence in the case and render a final decision.
What happens after a lawsuit is filed?
Once we decide to file a lawsuit, our office files a complaint. A summons and complaint basically lays out the factual and legal reasons for the lawsuit. Once the complaint is filed and served with a summons, we wait for the defendant and their attorney to answer the complaint.
How long does the Defendant have to answer the lawsuit?
After the defendant has been served with the summons and complaint, they have 30 days to file an answer. There are many situations where an extension of time to answer will be granted, such as being unable to locate the defendant.
What is a deposition?
Another part of the discovery process is a deposition. A deposition is when testimony is given under oath and recorded for use in court at a later date. You will be asked questions related to your claims by each attorney. Likewise, the other parties involved in the lawsuit and witnesses will have to answer questions under oath in a similar fashion.
What is a Defense Medical Examination?
During the discovery process, you may be asked to attend a defense medical examination (a “DME”) A DME is when the other side’s attorney requests you undergo an examination by a doctor of their choice. They are entitled to this examination and you should be cooperative during the examination. It is recommended that your answers be kept short and responsive. Many times people feel the need to explain, go into detail and elaborate about their situation. We do not recommend this. Just answer the doctor’s questions honestly and straightforwardly.
When do we go to trial?
The judge will set a trial date at a Case Management Conference. Usually, judges will try and schedule a trial date within approximately one year of the filing of the lawsuit.
What if I do not want to go to trial?
Often times cases are resolved by the attorneys through negotiation before trial. If the attorneys cannot resolve the case, they may offer the client to resolve it by arbitration or mediation. Arbitration is when there is a set high and low value before even walking in the door. An arbitrator will hear your case and will get back to you at a later date with the decision.
What happens during a trial?
Most trials are jury trials. All information, evidence and testimony is presented to a jury who makes a decision as far as the outcome of the case – this if called a verdict. This information may include the testimony of doctors, other experts, records, and the testimony of plaintiffs, witnesses and defendants. A trial may last anywhere from one day to a few weeks, depending on the complexity of issues and the amount of evidence.
What if I do not like the outcome?
A jury’s decision is final. Although, there are a few situations that arise during trial where a jury’s decision is appealed. There can by post-trial motions for costs depending on the amount of the verdict. Once the post-trial issues are resolved, there is a final judgment, which is signed by the judge.
What happens after they answer our Complaint?
Once the complaint is answered, we begin the discovery portion of litigation. During discovery, the attorneys exchange information and documents. This process can take some time because often the other party requests information they are not entitled to or they drag their feet getting us their information and we are required to go before the Judge to fight on your behalf. This can happen a few times throughout the process.
During the discovery process, you may be asked to attend a defense medical examination (a “DME”) A DME is when the other side’s attorney requests you undergo an examination by a doctor of their choice. They are entitled to this examination and you should be cooperative during the examination. It is recommended that your answers be kept short and responsive. Many times people feel the need to explain, go into detail and elaborate about their situation. We do not recommend this. Just answer the doctor’s questions honestly and straightforwardly.
What happens after the Defendant answers the Complaint?
Once the complaint is answered, we begin the discovery portion of litigation. During discovery, the attorneys exchange information and documents. This process can take some time because often the other party requests information they are not entitled to or they drag their feet getting us their information and we are required to go before the Judge to fight on your behalf. This can happen a few times throughout the process.