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Please choose an area of practice to review: Personal Injury Personal Injury to include wrongful death, serious bodily injury, automobile collisions, dog bites, slip and falls, and product liability. Things to Know: 1. Your attorney has a fiduciary duty to you. That requires the lawyer to treat you and your case with the highest standard of care, above all other matters. 2. Generally, the other party's insurance company is NOT your fiduciary. The employees of most insurance companies work for insurance officers who owe a fiduciary duty to the owners motivating them to limit expenses and increase profits. 3. Generally speaking, you are entitled to medical expenses, past and future loss of earnings, property damage, a rental vehicle or money for the loss of use of your vehicle while it is being repaired, as well as any other incidental expenses. 4. When you talk to an insurance company representing the person who caused you injuries, that is, the potential defendant, nothing is "off the record". 5. If you are told you do not need a lawyer, you probably do. Generally speaking, in a personal injury case, neither the defendant nor the insurance company are required to pay attorneys' fees. 6. You should seek free consultations with as many lawyers as it takes to find one with which you are comfortable. 7. While it is true that statistically most cases eventually settle, many times they do not always settle for the fair value. As such, if a potential lawyer says he or she has never lost a case, then he or she probably does not take tough cases to trial. Make sure your attorney is willing to take your case to trial. 8. Your case should be as important to your lawyer as their largest client, regardless of the size of the case. 9. You are the boss. Your lawyer works for you. Most lawyers are not doctors. Your lawyer should not be dictating your medical care. 10. You should never feel forced to settle your case. Breach of Contract Generally speaking, in California, absent a statute (or law) or a specific clause in a contract, the prevailing party is not entitled to attorneys fees. Contract interpretation is designed to be straight forward and fair. Signatures are not always required to bind a person to the terms of a contract. Not all arbitration clauses are enforceable. Breach of contract is different than wrongful termination. Insurance bad faith 1. Generally, if you are being subjected to insurance bad faith by another party's insurance company, that is, the insurance company is being unreasonable, regretfully, California does not allow you to sue for bad faith. 2. However, you may have a case against your own insurance company if it is treating you unreasonably. Wage and Overtime 1. Certain salary employees are entitled to overtime. 2. In California, generally speaking, under certain wage orders, regardless of your duties, your salary must be at least twice the minimum wage. If not, you are entitled to overtime. 3. The right to overtime cannot be waived. 4. All workers are entitled to have their employer comply with minimum wage, breaks, lunches and overtime laws. These rights cannot be waived. 5. U.S. Citizens, those with work permits, children and illegal immigrants are all covered by State and Federal labor laws. Discrimination Sexual Harassment Wrongful termination Small claims
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