• Personal Injury FAQs
  • Litigation FAQs

Personal Injury FAQs

Frequently Asked Questions for California Clients and Prospective Clients

  • What is Personal Injury?
  • What financial compensation can I recover in a personal injury claim?
  • How do I know if I have a case?
  • How do I know if I need an attorney?
  • What is a Contingency Fee?
  • If I have an injury case do I have to go to court?

Personal injury law refers to the area of civil law designed to obtain compensation for personal injury resulting from the negligence of another party. Initially, a personal injury lawyer tries to negotiate a settlement with the opposing party or their insurance company. If necessary, and if the lawyer believes the case to be strong, the case may proceed to trial. The main concerns in a personal injury case are negligence and liability. Before you can collect a monetary award, a personal injury lawyer will have to prove that the defendant is liable. To prove liability, the lawyer must establish that the defendant was negligent. Negligence is typically defined as conduct that falls below a standard of reasonable care. Once liability has been established, the judge or the jury may award money to compensate for medical costs, lost wages and lost future earnings, as well as for pain and suffering.

  • Auto Accidents
  • Dangerous or Defective Product Injuries
  • Motorcycle Accidents
  • Boating Accidents
  • Slip and Fall Accidents
  • Dog Bites
  • Medical Malpractice
  • Wrongful Death Accidents
  • Large Truck Accidents

What financial compensation can I recover in a personal injury claim?
Accident victims may be entitled to recover money damages for all losses and expenses that they suffered as a result of the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

  • Medical bills
  • Lost Wages, including overtime
  • Pain & Suffering
  • Physical Disability
  • Disfigurement
  • Permanent Scars
  • Emotional Trauma
  • Mental Anguish
  • Loss of Enjoyment
  • Loss of Love & Affection
  • Embarrassment
  • Mental Disability
  • Property Damage, and
  • All out of pocket expenses (transportation charges, doctor/hospital bills, medical equipment, etc).

How do I know if I have a case?
In order to prevail in a personal injury lawsuit in California, you must be able to show that you have been injured and that your injury resulted from the intentional or negligent conduct of another. The injury may be a physical injury or it may be an emotional injury.

How do I know if I need an attorney?
If you have been seriously injured in California and are unsure as to the outcome of your injury, consult an experienced California personal injury lawyer as soon as possible; before you give any statements or sign papers of any kind. There is a statute of limitations that requires you to file a lawsuit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from filing a lawsuit and obtaining any compensation for your injuries.

What is a Contingency Fee?
A contingency fee is a fee that is used by lawyers in most personal injury cases and is dependent upon the lawyer’s successful resolution of your case. A contingency fee is paid as a percentage of your monetary recovery; typically it is one third of the awarded settlement. A contingency fee is what is meant when you hear “there is no fee unless we win your case

If I have an injury case do I have to go to court?
Most cases in California are settled out of court between opposing lawyers, or by the lawyer for the plaintiff and the insurance company. If a case does go to trial, you most likely will have to appear so that your testimony can be heard. If you or someone you know in San Diego or anywhere within the surrounding cities and counties of California needs the assistance of an experienced personal injury lawyer.Gutentor Advanced Text

Litigation FAQS

Frequently Asked Questions for Prospective Clients

  • What is civil litigation?
  • Do you handle business litigation?
  • What are the stages of the litigation process?
  • What is arbitration and mediation?
  • What must be filed to start a lawsuit?
  • What is discovery?
  • Will my case include a jury trial?
  • What is small claims court?
  • How long does a civil suit take?

What is civil litigation?
Civil litigation is a legal dispute between two or more parties in which the plaintiff seeks money damages or specific actions from the defendant rather than criminal sanctions. 

Do you handle business litigation?
Yes, we here at the Law Offices of Richard R. Roy are experienced in handling business litigation matters involving numerous issues, including: breach of contract, complex litigation matters, business fraud, trade secrets, etc. 

What are the stages of the litigation process?

  • Pleadings stage
  • Discovery stage
  • Motion for summary judgment
  • Mediation/arbitration
  • Trial
  • Judgment
  • Appeal