Why Lorraine Law?

What’s different? Great question! There are two major differences, one is that you will meet with your attorney to have your questions answered and to sign up if you want. You won’t be assigned to a case manager and you will always have access to answers from me, your attorney, not from a non attorney manager like many large firms have. I have heard complaints of months going by and injured clients don’t know what is going on with their case and they can’t get their attorney to call them back. This will not be the case at Lorraine-Law. I have my cell number on the business cards and you will have it too if you decide to become a valued client. I will have text hours where you can text me for an immediate response or to set up an appointment to go over your case. You will always have access to to communication with me. The second difference is that you, as a client, will have access to your case portal and you can view everything that has come in on your case (letters from the insurance company, medical records, police report etc.) There will be attorney notes for you to view and learn what each page means to your claim. You can ask questions, review and we can go over anything that doesn’t make sense to you. I will not be sitting behind a huge fancy desk waiting for my secretary to put you through on a phone call. I will be working diligently on your claim, where ever I am, and answering your questions along the way. You can count on that. You can also choose how you want to communicate. You can email, text, video or set up an in person meeting.

How Much Does a Personal Injury Attorney Charge?

At Lorraine-Law we always work on a contingency fee basis. A contingency fee arrangement provides a means for clients to pursue legal action without the immediate financial burden of attorney fees, allowing them to focus on their case rather than financial worries. 

Key Features of Contingency Fees:

1. Payment Upon Recovery: The attorney only receives payment if the case is successful and the client receives a settlement or judgment.

2. Percentage Basis: The fee is typically a pre-agreed percentage of the total recovery amount.

3. No Win, No Fee: If the attorney fails to settle the claim or conclude the case through judgement, the client does not owe any legal fees. However, clients may still be responsible for other costs associated with the case, such as court fees and expert witness fees.

4. State Regulations: The legality and specific regulations surrounding contingency fees can vary by state, so it's essential for clients to consult with a local attorney.

What Should I Do After an Injury?

Seek medical attention immediately. Go to the ER to get checked out. Follow up with any recommendations provided by your doctor.  Once you have taken care of any emergency medical issues, get in touch with me and I can go over your options to continue treatment and how they will affect your claim. 

The insurance companies look at treatment a little differently after an auto accident than they do with non accident related injuries. I have heard time and time again, “If they were injured, they would seek continuous me

dical treatment.” I understand that you have a life that goes on even though you hurt and it may be hard to get everything done.  I can help you work this out. I can also find you a doctor on a lien if necessary and you won’t have to pay out of pocket for the treatment or copays.

Should I Sign a Medical Authorization for the Insurance Company?

No! Please do not do this until you have spoken with an attorney. California law provides safeguards for you with regards to your personal health information (Think HIPPA), your credit report, work history etc.. All these protections go out the window when you sign away your rights. A good attorney will carefully craft any authorization to protect you. While in the claim stage, if you are unrepresented, the adjuster will ask you for things they are not entitled to. Giving over this type of information can severely affect your claim. 

Am I Filing a Lawsuit? I Don’t Want to Hurt the Sweet Old Lady Who Hit Me!

Not necessarily. First I will file a claim on your behalf with her insurance company and then carefully prepare a robust demand package of materials to support your claim. This includes relevant medical records (See FAQ about signing an open release with an insurance company), proof of any issues of liability, loss of earnings, medical exhibits etc.. Once that has been attempted, mediation is possible, and as a very last resort we file a lawsuit. Please understand that most lawsuits end up being settled and dismissed after discovery and there is no record on the defendants credit report and all money is generally coming from her insurance policy. This process is one you will be a part of along the way. 

Determining Fault

A careful investigation is sometimes necessary to determine fault and I will be there to help you through it. Other times there is a police report and it is pretty clear and not so much of an issue. I do understand that sometimes the report is inconclusive or inaccurate. We can go through it thoroughly and figure  out what the best course of action is.

How Long Does a Personal Injury Case Take To Finish?

There is no set answer to this question as it depends how long you need to seek medical treatment to get better. I can tell you however, that when you have completed treatment and your records are in, I will only give the insurance company a limited amount of time to make you a reasonable offer. Your claim will not sit on my desk just chillin’. All requests for further information by the insurance company will be efficiently responded to and your claim will move ahead as it should.

How Much Money Can I Expect in the Final Settlement?

The amount of compensation you ultimately receive after an accident depends on several factors. Generally, the more severe your injuries, the higher the compensation you can expect from the insurance company.

From the compensation offered, we will deduct attorney fees, costs, and your medical bills. The remaining amount is yours and may include compensation for “pain and suffering,” as your medical expenses should be covered by the settlement. This can also encompass any reimbursements owed to your health insurance or medical payment coverages, if applicable.

It’s important to acknowledge that the financial compensation you receive may never truly reflect the extent of your suffering. No one would willingly endure months of pain, inconvenient doctor appointments, lost work hours, and time away from loved ones for a set dollar amount. The reality is that no compensation can fully make up for the distress caused by an accident.

I understand how difficult this experience can be, and I’m here to support you in your journey toward recovery and moving forward with your life.

Can Pre-existing Conditions Be Covered in California Car Accidents?

In California personal injury claims, pre-existing conditions can significantly impact the evaluation of a case, particularly concerning liability, damages, and the overall compensation awarded to the injured party. Here is an overview of how pre-existing conditions relate to personal injury claims in California:

A pre-existing condition refers to any health issue or injury that existed prior to the incident that caused the current injury or exacerbated a past injury. Examples include chronic illnesses, previous injuries, or conditions like arthritis.

Relevance in Personal Injury Claims

1. If the plaintiff has a pre-existing condition, the defendant may argue that the injuries or pain claimed stem from that condition rather than the incident in question.

2. If a personal injury claim involves aggravation of a pre-existing condition, the injured party may be entitled to compensation for the increased severity of the condition brought about by the incident. The key issue will be demonstrating how the accident specifically worsened the pre-existing condition.

3. California follows the "take your victim as you find him" legal doctrine. This means that plaintiffs can seek compensation for all damages resulting from the injury, even if those damages include exacerbation of a pre-existing condition. This doctrine emphasizes that defendants are responsible for all consequences of their negligent actions.

4. To successfully claim damages, the plaintiff must provide medical records, expert testimony, and other evidence to establish the extent of the pre-existing condition and how the recent incident impacted that condition. An experienced personal injury attorney can help gather this information effectively.

5. Insurance companies often scrutinize the claimant’s medical history, and pre-existing conditions can affect settlement negotiations. Insurers may use pre-existing conditions as a reason to minimize liability or reduce the compensation offered, arguing that pain or limitations result from prior injuries.