Articles Posted in California Personal Injury Law

Reviewed and Updated by Steven M. Sweat, October 2026 ARTICLE SUMMARY — California clients can discharge their personal injury attorney at any time, with or without cause (Fracasse v. Brent (1972) 6 Cal.3d 784). This guide explains how the substitution works, what the former attorney is paid (the reasonable value of their work, and only…

Reviewed and Updated by Steven M. Sweat, October 2026 Article Summary — Personal injury lawyers in California work on a contingency fee basis — no upfront cost, no hourly rate, and no attorney fee unless and until compensation is recovered on your behalf. The standard contingency fee in California personal injury cases is 33% (one-third)…

Reviewed and Updated by Steven M. Sweat, October 2026 Article Summary — Personal injury lawyers in California work on a contingency fee basis — no upfront cost, no hourly rate, and no attorney fee unless compensation is recovered. The contingency fee is a percentage of the total recovery. In California, the typical range is 33%…

Reviewed and updated by Steven M. Sweat, October 2026 You did nothing wrong. You were stopped at a red light, driving safely through an intersection, or waiting in traffic — and then, in an instant, someone else’s careless mistake changed everything. Now you’re dealing with mounting medical bills, missed work, and a body that doesn’t…

Reviewed and updated by Steven M. Sweat, October 2026 Quick Answer Trials can produce higher verdicts than settlements — but they also carry the real risk of walking away with nothing. Most personal injury cases settle, and for good reason: a negotiated settlement offers a guaranteed recovery, faster resolution, and lower legal costs. Whether going…

Reviewed and updated by Steven M. Sweat, October 2026 Quick Answer: Is it worth suing for pain and suffering? Yes — suing for pain and suffering is generally worth it in California if you have documented injuries, clear evidence of the other party’s fault, and meaningful economic damages like medical bills or lost wages. Non-economic…

Reviewed and updated by Steven M. Sweat, September 2026 One of the first questions injured people ask—often before they even know the full extent of their injuries—is: How hard is it to win a personal injury lawsuit? The question makes sense. Most people have never been involved in a lawsuit before. What they know about…

When people in California have health insurance through health management organizations, they normally will go to their in-network providers for care. However, when people are injured in accidents and are forced to seek care in emergency departments, the hospitals may not have pre-negotiated contracts with the HMOs. This might mean that the HMOs may refuse…

Trial attorneys learn early in their careers that each group of jurors is a blank canvas waiting for the evidence that will paint a picture of events as their clients seek to portray them. It is the task of the attorney to convince the jury that allegations are facts that can be believed and relied…

Personal injury insurance settlement negotiations in CA can be tricky without the right advice and assistance of legal counsel. Having negotiated hundreds of claims throughout the Golden State ranging from traffic collisions to injuries on commercial and residential property to all manner of claims involving bodily harm, I thought I would share some of my…