logo  
 
   
 

FAQ

FREQUENTLY ASKED QUESTIONS ABOUT INJURY CASES
Find answers to the questions we recieve the most

How much does it cost to have you review an injury case?
An initial consultation appointment to discuss the facts of your potential case is free. In most cases, where Cheryl believes your claim has merit, she will advance the costs necessary to investigate and prosecute your claim. If she takes on your case, any costs that are advanced are reimbursed to her from any recovery she is able to get for you.

Just exactly what is a “contingency fee?”
This kind of fee is contingent, or dependent, upon successfully recovering money damages for you in your injury lawsuit. There is a written fee agreement which you and your attorneys sign which govern how fees and costs for your case will be paid. Some kinds of cases, like family law cases, may not utilize contingency fee agreements. Contingency fees are always negotiable between attorneys and injury clients, but in some kinds of cases maximum fee limits have already been set by statute. Most attorneys who take the cases of those who have been injured, or their families, use this kind of fee agreement because often injured people cannot afford to pay an attorney by the hour for their services. If Cheryl can recover a settlement or obtain a judgment at trial for you, the fees and costs of your case are paid from this money. If she is unable to recover anything for you, she receives no fee.

What is a “statute of limitations” and how does this affect my potential case?
A statute of limitations is the maximum amount of time you may wait between the time you were injured and when you must file a lawsuit. There are many different time limits, depending upon the kind of case you would like to bring. If you have a claim against a public entity, you must do so within six months of your injury. On the other end, if your injury does not manifest itself for many years after the exposure to the toxic substance that caused your injury, this “latency period” will mean that the statute of limitations will not run for many years. As you can see, there are different statutes of limitations, depending upon the specific set of facts and circumstances of each individual case. Be sure to contact an attorney immediately if you believe the statute of limitations is about to run in your case. Once the statute has run, you may lose forever the ability to bring your lawsuit or claim.

How long do I have to wait before I see an attorney about my injuries?
There is no one rule for how long to wait before seeking legal advice. However, if you believe you will need to file a claim against a public entity, or need to deal with insurance companies, it is a good idea to see an attorney as soon as possible to avoid prejudicing your interests.

How much will I get from my judgment or from a settlement?
There is, unfortunately, no standardized method or evaluation that can answer this question for you. The one thing that can be said is that the value of each case is specific to that particular case. The value of your case depends upon different factors such as the liability for your injuries, the nature and extent of your injuries, the likelihood for permanent disability, scarring, inability to work, the degree of disfigurement, embarrassment, humiliation, so-called pain and suffering, etc. Sometimes it is possible to provide ballpark assessments based upon our previous experience in prior similar cases, but there is no method for predicting exactly how much an injured person and/or that person’s family will recover in a specific case.

II really don’t want to go to trial. Can’t you just settle my case?
We prepare all cases for trial. However, the majority of cases settle before trial, often as many as 8 out of every 10 cases. Since we do not know if your case will be one of the 8 that will settle or one of the two that go to trial, we will prepare your case thoroughly, as we prepare all of our cases. If your case ends up not settling, Cheryl will be ready to take it to trial for you.

I got hurt by an uninsured motorist. What are my options?
Your problem is not unique. All drivers must carry valid insurance, at least “15-30” insurance. All insurers are required to sell uninsured motorist coverage, as well as underinsured motorist coverage, to their customers. You will need to arbitrate your uninsured motorist claim with your own insurer (California Insurance Code §11580.2). Your insurance carrier then has the right to seek to have the uninsured motorist reimburse your carrier. Cheryl has experience with these arbitrations and can help you arbitrate your uninsured motorist claim.

I see you did asbestos cases. I was exposed last year to asbestos. Can I bring an injury lawsuit?
Asbestos exposure is 100% preventable, as are asbestos diseases. Therefore, showing liability for asbestos exposure is often straightforward. But, in order to recover in a lawsuit you must show damage, i.e., injury, due to your exposure. Asbestos injuries often do not occur until 20-60 years after the first exposure. So, if you were just exposed last year, it will not be possible to bring a personal injury claim until such time as you are diagnosed with an asbestos-related disease, which could be many, many years from now.

 

Cheryl L. White, Esq.
1901 Harrison Street, Suite 1100
Oakland, CA 94612
Phone: (510) 844-7755
Fax: (510) 844-7756
email: cheryl@cherylwhite.net

Cheryl represents clients throughout Alameda County, San Francisco County, Contra Costa County, Marin County and the greater Bay Area, including individuals in Oakland, Hayward, San Francisco, Berkeley, Pleasanton, San Leandro and Martinez.

 

   

AREAS of EXPERTISE

Family Law

Custody, Visitation & Support

Plaintiffs' Personal Injury

Trial Work

 

REPRESENTATIVE CASES

A Real Estate Dispute

A Shipyard Workers Family

An Injured Teen

An Injured Asbestos Worker

An Injured WWII Vet

MORE REPRESENTATIVE CASES...


 

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2009 by Cheryl L. White. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.