FAQs
- What is a contingency fee arrangement?
- How long do I have to file a case?
- Will my case definitely go to trial?
- How much is my case worth?
- What is Sexual Harassment?
- Who is protected from Sexual Harassment?
- What is the primary California law prohibiting discrimination in the workplace?
- Who must comply with FEHA?
Q: What is a contingency fee arrangement?
A: A contingency fee is a fee arrangement that is commonly used in plaintiff personal injury cases. Under a contingency fee arrangement, the attorney is only paid if he or she obtains a favorable outcome in the case. The contingent fee is typically a percentage of the recovery the attorney obtains either through settlement or a jury verdict. California's Business & Professions Code governs attorney fee arrangements and mandates that contingency fee agreements are in writing. The contingency fee percentage is not set by law for a personal injury action; however, there are caps on medical malpractice cases. Minors are usually charged a lower contingency fee than adults.
Q: How long do I have to file a case?
A: There are many statutes of limitations which govern when an action must be brought or be time barred. Some cases may involve multiple theories of recovery with different time periods within which to file an action. California Code of Civil Procedure Sections 335 through 349 govern the time within which various actions must be commenced. An action for assault, battery or for injury or death caused by the wrongful act or negligence of another must be brought within 2 years of the negligent or wrongful act. If an injury is caused by a government entity, a claim must be filed with the government entity within 6 months. This is a prerequisite to a lawsuit.
An action upon a written contract must be brought within 4 years. There are other statutes of limitations for injury caused by patent and latent construction defects that cause injury. To properly evaluate the time within which you should file your action, you should meet with an experienced attorney to discuss the facts of your case.
Q: Will my case definitely go to trial?
A: There is no way to determine at the outset if a case will go to trial. However, it generally is prudent to consider all of your options including settlement throughout litigation. Many factors determine whether a case will go to trial such as court decisions, actions by the opposing party, and whether the parties want to settle rather than go to trial.
Q: How much is my case worth?
A: This is a very common question. Unfortunately, it is impossible to give a fair and objective opinion on the value of a case until we have been able to fully and properly analyze the facts and laws pertinent to a case. The best way to approach determining the value of your case is to work with an experienced attorney who knows how to asses liability and damages as well evaluate the strengths and weakness of a case.
Q: What is Sexual Harassment?
A: Sexual harassment is an unlawful employment action prohibited by the California Government Code Sections 12900-12996 also known as the Fair Employment and Housing Act (FEHA). 2 California Code Regulations Sections 7287.6(b) and 7291.1(f)(1) explain what sexual harassment is. Sexual harassment includes:
- Unwanted sexual advances or propositions;
- Verbal slurs or derogatory comments about a personâ??s body, appearance or sexual conduct;
- Physical conduct such as assault or blocking movement or physical interference with work or movement; and,
- Visual harassment such as leering gestures, offensive gestures or derogatory pictures.
Q: Who is protected from Sexual Harassment?
A: The protection against sexual harassment codified in FEHA (Govt C Sections 12900-12996) protects any employee, male or female, any applicant for employment, and also independent contractors; however, customers are not protected under FEHA. But there are other protections for customers.
Q: What is the primary California law prohibiting discrimination in the workplace?
A: Californiaâ??s primary employment anti-discrimination is known as the Fair Employment and Housing Act [FEHA] (Govt Code Section 12900-12996). FEHA protects the right of all people to seek, obtain and hold employment without discrimination based on race, religion, color, national origin, ancestry, physical or mental disability, medical conditional, marital status, sex, sexual orientation, age (40 years old and older) or pregnancy.
Q: Who must comply with FEHA?
A: Under FEHA employers must comply with the statutory scheme to provide a discrimination free workplace. An employer is any person regularly employing 5 or more persons or any person acting as an agent of an employer. For harassment, an employer is one who regularly employees at least one person or receives the services of at least one contractor. Religious organizations, other than those that provide health care, are exempted from the provisions of FEHA.
The Abel Law Offices place great emphasis on client communication. Fee arrangements are openly discussed when the attorney-client relationship begins. Abel Law Offices care about the needs and goals of their clients. As a client, you be involved in strategy and resolution discussions so that you will be able to make informed decisions about your case. Contact the Abel Law Offices to schedule an appointment to personally meet with an attorney to discuss your legal issues.
