Frequently Asked Questions

The Nuts and Bolts of a Personal Injury Case

What is a Personal Injury Case?
A personal injury case is based upon a simple idea: someone’s injury or death was caused by someone else’s actions, whether or not that person intended to cause harm.

Do I actually have to file a lawsuit to recovery for my injuries?
Not always. On rare occasions the party, or more typically their insurance company, who is responsible for paying for injuries caused by their unsafe conduct will offer a reasonable amount of money to settle the matter before a lawsuit is actually filed. But the sad truth of the matter is an injured person is no match for the big insurance company with limitless resources, so it is to your advantage to hire competent, aggressive attorneys who will zealously represent your best interests.

If I do end up filing a lawsuit, what do I have to prove to win?
In order to win your case in a court of law, you are generally required to prove four things:

1. DUTY, that someone was required to do or not do something. For example, if you are driving your car on the road the person driving the car behind you owes you a DUTY not to hit you.
2. BREACH, that the person did something or failed to do something that they were supposed to do. For example, the person driving the car struck the back of your car.
3. CAUSATION, that their failure to do or not do something was the reason you were hurt. For example, if the person did not drive their car into the back of your car you would not have been injured.
4. DAMAGES, that as a result of your injury you are entitled to compensation. For example, because you were injured you had to go to the hospital and acquired medical bills, and because you were injured you were not able to go to work so you lost income.

How do I prove DUTY, BREACH, CAUSATION and DAMAGES in court?
Your attorney will help you to collect all the information, otherwise known as evidence, that will be presented to a judge and jury in court. This information consists of documents, such as medical bills and work pay stubs, and witness testimony, both in a deposition and in the courtroom. The jury considers all the evidence presented by your lawyer and the attorney for the party who harmed you. Then the jury gives their opinion in the form of a verdict, which will either be in your favor, giving you an award, or in the other party’s favor, in which case you recover nothing from that person for your injuries.

What if I’m partly to blame for my injuries?
Depending on the extent of your blame, otherwise known as fault, you may still be able to recover for the extent of your injuries which the other party cause. For example, if a jury determined that your damages (medical bills, lost wages, etc.) were $100,000.00 but also determined that you were 20% at fault, your gross recovery would be reduced to $80,000.00.

How long does it take until my case is heard in a court of law?
This depends on many things, including how complex your case is, whether the other party is willing to admit they were wrong, how long it takes to gather all the information, etc. The attorneys at Ellis Law Corporation make every effort to resolve your case as quickly and advantageously as possible so that you can obtain the compensation to which you are entitled and move on with your life.

Is there a chance my case will settle without going to trial?
Yes, and in fact up to 95% of all cases ever filed in the State of California are settled without the need for trial. However, in order to best serve our clients, the attorneys at Ellis Law Corporationtreat every case like it will be going to trial, making sure to obtain all the necessary information and evidence which would be used in court. More often than not, our attorneys can use this information to convince the party at fault, or its insurance company, that it would be in his best interest to pay an appropriate settlement for your injuries without going to trial.

If I win, what do I get?
A jury will award you an amount of money, known in the legal world as damages. Damages can either be compensatory or punitive. Compensatory damages are meant to pay you for past and future medical bills, past and future lost time at work, damage to your property, or in other words the amount of money you will be out-of-pocket because of someone else’s negligence. Compensatory damages may also include your pain and suffering, as well as yours and your spouse’s general loss of enjoyment of life, due to injury or death. Punitive damages, which are rarely handed out in personal injury or wrongful death lawsuits, are meant to punish someone for their intentional, reckless behavior toward you.

While your case is being prepared for a jury's consideration, you need a lawyer who will guide you through the legal process. Most importantly, you need an attorney who will be available to talk to you and answer your questions.

Ellis Law Corporation has the professional and financial resources to handle every personal injury case, from the smallest to the largest, and to represent its clients zealously.

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NO RECOVERY – NO FEE

Many of our personal injury and wrongful death cases are handled on a contingency fee basis, which means we never charge you any legal fees or costs until after we win your case.

WE ADVANCE THE COSTS

You don’t pay for costs, such as filing and court fees, until we successfully resolve your case.