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Felix P. Montero, Attorney
About | Personal Injury
Common personal injury claims include injuries from slip and fall accidents, traffic collisions, defective products, workplace injuries and professional malpractice. Personal injury primarily practice in the area of law known as tort law. Tort law are common law rules that regulates legal wrongs committed against an individual or or properties, rendering the person who commits liable for damages, this may include for example, intentional infliction of emotional distress, invasion of privacy, defamation, injuries due to manufacture defects, brain or other severe physical injuries caused by a third party negligence, slip and fall, etc. , the affected party can sue for damages sustained.
A personal injury cannot be claimed to exist prior to the discovery of the adequate evidence in order to establish liability of the party that caused the damages. Before accepting a new case, our offices typically interviews the prospective client and evaluates the client’s case to determine the basic facts and potential legal claims that might be made, will identified possible defendants, and evaluates the strength of the case. At that point will decided to accept a case if we believe that the legal claims will succeed in court, if the cost of litigation is expected to exceed the amount that can reasonably be recovered from the defendants as compensation for the client’s injury will advise our prospective client on that regard
In this particular type of cases our attorney fees are charged primarily on a contingency fee basis, sometimes called an if-come fee, through which our firm receives a percentage of a client’s recovery as a fee, but does not recover a fee if the claim is not successful.
By virtue of our retainer agreement between attorney and client, the amount of the legal fee may vary depending upon whether a case settles before a lawsuit is filed, after a lawsuit is filed but before trial, or if the case goes to trial. For example, a retainer agreement might provide that a lawyer will receive a 33 and 1/3% contingency fee if a case settles before a lawsuit is filed, a 40% contingency fee if the case settles after the lawsuit is filed, or up to 45% if the lawsuit goes to trial.
Despite the existence of tort law, personal injury claims in their majority settle prior to the filing of a law suit, usually due to a reasonable offer as lump sum of money to settle the claim outside of court and to avoid law suit expenses that eventually will reduce the benefits received by the affected person.
Our law firm will provide diligent representation to clients, and the ultimate professional responsibility of a personal injury lawyer is to help plaintiffs obtain just compensation for their losses. As with all lawyers, the attorney-client relationship is governed by rules of ethics.
Lawyers are regulated by codes of conduct established by state bar associations, California requires all contingency agreements between lawyers and their clients to be in writing, and limit the amount that may be charged as a contingency fee to a specific maximum percentage of the recovery, our office retainers are in full compliance of the rules and regulations of the California Bar Association.