Frequently asked questions.

WHAT IS A CONTINGENCY FEE?

The Bains Firm works on a contingency fee basis. This means that our clients owe no attorney’s fees and will not be required to pay any costs until a recovery is obtained for the client in the case.

Contingency fees allow injured parties to hire an experienced personal injury attorney without having to pay any upfront legal fees. This allows the injured party to focus on recovering, giving them peace of mind instead of more bills. In our contingent fee arrangements, The Bains Firm will cover all of its costs of investigations, securing medical records and expert witnesses, depositions in addition to any other necessary fees and incidental costs.

WHEN DO I NEED TO FILE A CLAIM?

California law requires a victim to file a claim or lawsuit within a predetermined amount of time from the date of injury. These are known as a “statute of limitation” and differ according to the type of personal injury. 

  • Injury to Person – 2 years

  • Libel/Slander – 1 year

  • Trespassing – 3 years

  • Fraud – 3 years

  • Damage to Personal Property – 3 years

  • Medical Malpractice – 1 year from discovery; 3 years if injury is known

DO I NEED A LAWYER?

It is difficult to handle a legal claim, navigate a complex process, and successfully obtain the maximum compensation possible while recovering from debilitating injuries without an attorney. Insurance companies do not treat self-represented victims fairly and will not think twice about taking advantage of them with lowball offers. Having an experienced personal injury firm on your side with a track record of successful results will ensure that insurance companies and defendants negotiate in good faith.

HOW IS THE VALUE OF A PERSONAL INJURY CASE DETERMINED?

The value of a personal injury case varies based on the amount of damages incurred as a result of the injuries sustained. Damages can be awarded for pain and suffering, mental anguish, loss of consortium, loss of earnings, loss of earning capacity, in addition to present and future medical bills. In certain cases where the wrongdoer’s conduct was intentional or particularly egregious, courts may also award punitive damages. 

HOW LONG DOES A PERSONAL INJURY CASE TAKE?

Personal injury cases vary in their complexity and difficulty – some may be able to settle fairly quickly while others could take years to litigate. It is also the business practice of insurance companies to attempt to delay resolution of a personal injury case for as long as possible. The Bains Firm aggressively litigates its cases and does not settle for anything less than their full value no matter how long it takes to achieve the maximum compensation for its clients.