Browse through our frequently asked questions to learn more about our services.
How long will my personal injury lawsuit take?
Personal injury matters can vary in the length of time they take to resolve. 6 months to a year may be feasible if a settlement is amicably reached. If a lawsuit is filed, then a number of years may be required to reach a resolution. What is more important is to seek the advice from attorney to insure that appropriate steps are taken within the appropriate statute of limitations.
What is negligence?
Negligence is a legal concept that in a nutshell requires a potential defendant to act in a reasonable manner relative to circumstance. Should that person’s conduct be deemed to be unreasonable, then that person can potentially be deemed liable for damages. A common example of this would be if a person is texting while driving, is inattentive to the road, and collides with a car stopped in front of him. Other examples where negligence may be implied are slipping and falling on a floor in a department store, or keeping a dog known to be aggressive, and the dog attacks pedestrians approaching the property. Negligence is a very broad concept so a consultation with an attorney is necessary to determine whether liability can be found.
Should I accept the insurance settlement?
A person who is injured would be well advised to seek a consultation whenever they have been offered a settlement.
Estates and Trusts
Why should I hire an attorney?
We would suggest consultations with an attorney because the attorney will likely be able to advise you as to potential strengths and weaknesses of your matter, and guidance through the intimidating legal process. More importantly, there are deadlines, known as statutes of limitation which limit the time in which a person must pursue legal action or else risk completely waiving the ability to pursue legal action. An attorney can help you to keep track of these various deadlines.
What happens if I die without a will?
In California, when a person dies without a will, that person is deemed to have died intestate. Should this occur, the state of California through its Probate Code, has set forth a system that dictates whom would be eligible to inherit and in what order those individuals would inherit. Further as California is a community property jurisdiction, the decedent’s marital status at death is also factored into this system. Engaging in appropriate estate planning serves to provide some peace of mind as to the disposition of assets following death.
What does a will do?
A will is a legal document where a person gives direction on how his or her assets are to be distributed upon their death. Distribution following death is exemplified in the classic example of a mother leaving her heirloom jewelry to her daughter. Further, a will is often used to provide for the care of minor children in the event of the death of both biological parents or other instances wherein the future care of children may be a concern. An estate planning attorney will assist in insuring applicable legal requirements for this document are satisfied.
What is probate?
Probate is a Court supervised process where the Court will direct that a decedent’s assets be collected, determine what debts the decedent and his estate owe, satisfy any outstanding debts, and release any remaining assets to the heirs. Many seek to avoid probate because probate proceedings by their nature are public and can be time consuming and expensive. California has set by statute a mandatory schedule of fees that attorneys and executors are permitted to collect once the probate is underway, and these fees are a gross percentage of the full fair market assets of the estate. There is no hard and fast rule for length of probate proceedings, but less complicated estates can require 9-12 months to be fully administered, with more complicated estates taking a number of years to complete.
What do I do if I’ve been discriminated against in the workplace?
A consultation with an attorney is critical. Should you be considering work place related legal action, you as an employee will ideally have an employee manual that directs you on how to report a potential claim. Make a good faith effort to try and follow the procedures in your manual. Address your concerns with the supervisor in charge and be sure to document all attempts to resolve with your employer and be prepared to discuss with your attorney.