San Francisco Personal Injury Lawyers

A:As soon as an accident occurs, the clock starts ticking. Under the law, you must bring forth a claim seeking damages within a set period of time. This is called the statute of limitations. The time limits will vary, depending on the case, but most personal injury lawsuits in California will need to be filed within two years of the incident. However, personal injury or wrongful death claims against California state or local governments must be filed within six months of the incident. Because the deadline for bringing a claim varies, it is essential to speak to a personal injury lawyer as soon as possible after an accident. This helps protect your right to file a lawsuit and allows your attorney to get involved and investigate while the evidence is still fresh. 

A:Working with a personal injury lawyer is important. Representing yourself is not recommended because these claims are highly complex, and you can't trust the insurance company to have your best interest in mind. Having an advocate on your side could make all the difference in your case and, consequently, your future. When choosing an attorney, you need to understand that the person you hire will be with you for quite a while, as personal injury cases often take more than a year to resolve. The lawyer you select can also dramatically affect the value of your case. Contingency fee lawyers, like those at our firm, usually won't charge to meet with you. Consider speaking to two or three different attorneys to find one who is the right fit for you.

A:If you decide to schedule a consultation with one of our San Francisco personal injury attorneys, we’ll usually want to take down some initial information over the phone. This ensures that the consultation is appropriate. If we feel that we are not the right fit, we may suggest that you speak with another lawyer who is better suited to handle your case. The initial consultation may take place at our office, or we may decide to come to you, depending on your location and level of mobility. You will be asked about what happened, how you are doing, and what you expect from the lawsuit. We will also want to look at any documentation you have; the more information you can bring to the meeting, the better. Photos, accident reports, statements, medical records, receipts—anything that can help us understand your situation—are important. At Rouda Feder Tietjen & McGuinn, we always make the first consultation free of charge. Any lawyer who asks to be paid for an initial consultation for a personal injury or wrongful death case should be avoided.

A:If you have not already hired a lawyer, it is important that you collect as much information as possible. Names and contact information of witnesses, photographs of the scene, physical evidence (such as the car or product involved in the accident), a police report, medical records—all of these are important to your case. At Rouda Feder Tietjen & McGuinn, we like to get started on the case investigation as soon as possible. This allows our personal injury attorneys to lock down evidence and get witness statements while the events are still fresh in people’s minds. The investigation can involve all sorts of activities, such as sending our investigators out to get evidence and statements, tracking down important records, and conducting Internet research or asset searches.

A:As much as we enjoy the challenge of bringing a case to trial, we also recognize that the best result for our client is a speedy resolution for maximum recovery. At Rouda Feder Tietjen & McGuinn, our personal injury lawyers in San Francisco make it a practice to approach the other side before a lawsuit is filed in order to explore the options for a settlement. If the opposing side requests medical records or a brief analysis of the case, we are willing to provide that to the appropriate parties. In a civil case, we need to prove our facts to a jury, and the other side will get all this information during the discovery phase of the lawsuit. According to how we see it, we might as well show the other side how we will prevail and why they should settle the case now. Some cases can be resolved during this pre-lawsuit phase. These tend to be lower-value cases where the defendant has limited insurance, or the defendant desperately wants to avoid negative publicity. When possible, we find the right type of pressure, and we apply it.

A:A deposition is a formal question-and-answer session. When one lawyer requests that a party or witness appear for a deposition, all the other lawyers have the right to attend and ask questions. The process typically takes place in a lawyer’s office. While depositions are not conducted in a courtroom, the answers fall under the penalty of the perjury clause, meaning that the witness is sworn in at the beginning of the process. The questions and answers are taken down by a certified court, which then produces a booklet that contains the testimony. Depositions are oftentimes videotaped so that the witness’ behaviors, not just the answers, are properly recorded. With rare exception, almost every party in a lawsuit will be required to sit for a deposition.

A:In the mediation process, the mediator (typically a retired judge or a qualified attorney) serves as a neutral third party who works with both parties involved in the personal injury case to resolve the matter outside of court. The mediator's job is solely to provide guidance. He or she cannot force the parties to reach a settlement—it is up to the parties involved to come to this decision. When the parties mutually agree on an amount of compensation, a settlement is reached and the parties can avoid taking the case to trial. Settlements are often seen as a more favorable solution over litigation. While you may be giving up the possibility of a larger outcome that may occur with a trial, a settlement is a sure way of securing compensation. Furthermore, when you choose to resolve the case through a settlement, you avoid the costs and hassle of taking the matter to court.

A:This will depend on a variety of factors, including the severity of your injury, the circumstances that caused your injury, and how much your injury will affect your life in the years to come. This analysis cannot be completed without a full investigation of the facts of your case. Schedule a complimentary consultation with Rouda Feder Tietjen & McGuinn to receive a specific analysis from a seasoned personal injury lawyer on our team.

A:At our firm, we do not charge an upfront hourly fee, and we often front litigation costs for our clients if necessary. If you do not recover, there will be no fee for our services whatsoever. If you do, our fee will be taken as a percentage from the final recovery. This levels the playing field, making it possible for everyone to have access to the courts to pursue the justice they deserve without the trauma of further financial strain.