The Boccardo Law Firm

Frequently Asked Legal Questions

• Do I need a lawyer?
  • Not all cases require legal representation.  However, if you are injured or suffer substantial financial loss, then you should contact an attorney to protect your legal rights to compensation. That is why you should take advantage of attorneys who offer free case reviews.  They will be in the best position to advise you as to your legal options.

• How do I choose the right attorney?
  • Hiring the right attorney is crucial to gaining maximum compensation for your injury or financial loss.  We believe that maximum compensation comes from:
    • Aggressive representation.
    • An award-winning track record.
    • The financial resources to hire top experts and investigators.
    • An attorney who is not afraid to take cases to a jury trial.
    • A trusting client-attorney relationship.
    • An attorney with a reputation for practicing law with the highest ethics.
    • An attorney who puts the best interests of his injured client first.

• Why should I select The Boccardo Law Firm?
  • We routinely secure fair compensation for our clients as a result of our successful track record. Insurance companies know that if they do not pay fair compensation to our injured clients then we will take the case to trial.  That is what insurance companies fear most – trial by jury.  Lastly, we do not decide at the last minute to take the case to trial.  From the moment you retain us, we are building your case by hiring top experts and investigators so that we are prepared for trial.  This preparation is why we end up settling many cases for top dollar.

• How much do you charge?
  • You pay only when your case is resolved.  We work on a contingency fee, which means that we do not get paid until your case settles.  We also front all of the case expenses and recoup those expenses when your case resolves.

• How long will it take to settle my case?
  • No one can predict how long it takes to settle a case.  Generally speaking, cases that may require insurance companies to pay upwards of a million dollars will require a longer period of time to resolve.  This is because the other side is trying to delay justice or hoping that you will settle for less than what you deserve.  With our experience, we minimize delays by filing a lawsuit quickly and not getting bogged down with unnecessary demand letters and costly mediations.

• Is there a time limit to file a lawsuit?
  • Yes.  Time limits are known as the statute of limitations.  In California, you have two years from the date of the injury or financial loss to file a lawsuit.  If you miss that filing deadline then you have lost your legal rights.  That is why it is important to contact a law firm immediately.

• How much is my claim worth?
  • No one can successfully predict how much a lawsuit is worth.  You should run the other way if an attorney tries to make that prediction.  Predicting compensation is very difficult due to the fact that many times, 12 jurors end up having the final say.

• Should I accept an insurance settlement if I have been injured?
  • If an insurance company offers to settle with you, that should be a clue that you have a valid claim. For that reason you should contact an attorney for a free case evaluation.  They will be in a position to advise your best options going forward.  We always advise injured clients to look beyond today and to protect themselves from future harm.  In cases involving rear-end collisions, symptoms of whiplash or spinal cord injuries may take months to appear.

• My insurance company wont pay.  What can I do?
  • First of all, start by calling The Boccardo Law Firm.  We offer a free case review.  Take advantage of the opportunity speak to one of our attorneys an learn your options.  We do not back down from insurance companies, so if there is legitimate and fair compensation to be awarded, we will fight for you to get it.

• Do I have a lawsuit?
  • Take advantage of a free consultation with an attorney from The Boccardo Law Firm.  After we review your case, at no cost to you, we will be in the best position to provide you with your legal options.

• Who can bring a wrongful death claim?
  • The estate of the deceased is allowed to file a wrongful death lawsuit against the party who is legally liable for the death.  The lawsuit may be brought by the person administering the estate or by a surviving spouse or children.  Consult with an attorney if you are in doubt.

• Can I sue if I was partially at fault?
  • Yes.  Many times compensation is reduced by the percentage of fault attributed to you.  So if you are 60% at fault, then your compensation will be reduced by that amount.  When fault is an issue, it is prudent to retain an experienced law firm to fight for you.  The attorneys at The Boccardo Law Firm face the issue of fault in nearly every large case.   Insurance carriers look to blame the victim in an effort to reduce the amount of money they must pay.

• Can I sue a government agency?
  • Yes, but governmental agencies operate under a strict set of rules and guidelines, which makes it very difficult to sue and win.  The time limits in government cases are even more stringent than other types of cases.  You must first file a Government Claim before filing a lawsuit.  That claim period has a very short window to file.  Suing a government agency requires an experienced law firm.

• Can I sue if I was injured at work?
  • If you are injured on the job then you must go through the Workers’ Compensation system for your injuries.  However, if a third party is responsible, then you may be able to sue that person for your workplace injury.

• Can a person recover damages for injuries sustained on someone else’s property?
  • This area of the law is known as premises liability.  Yes, you can sue a private property owner if you are injured on their property.  This includes a home owner too.

• If a dog bites a person, is the owner liable for the doctor bills?
  • Yes.  The laws favor those who are bitten or attacked by a dog or another animal.  Even if you are visiting another person and get bitten, you may have a claim against the owner.

The laws in California are such that no case is ever black and white.  There is always a gray area in which an insurance carrier can try to blame the injured victim.  That is why you are urged to call The Boccardo Law Firm at 408-298-5678 for a free case evaluation.