As Discussed on KGET 17: How to Choose a Personal Injury Attorney

On KGET 17’s Studio 17 Live, attorney Alina Dermendjian of B&D Injury Law Group shared practical tips for anyone thinking about hiring a lawyer after an injury. You can watch the KGET 17 Studio 17 Live segment on hiring the right attorney. She has covered this topic before, too, in a 2024 KGET 17 segment on how to pick an attorney and a 2023 23ABC Kern Living segment on choosing a lawyer.

Below, we expand on those tips and add a few California-specific checks you can do before you sign anything.

Start with an attorney who handles your type of case

Personal injury law covers a lot of ground: car and truck crashes, slip and falls, dog bites, wrongful death and more. Each type of case has its own rules, deadlines and evidence. When you call a firm, ask plainly whether it handles cases like yours and how often.

Good questions to ask in a first conversation:

• How many cases like mine has your office handled?
• What do you see as the main issues in my case?
• What deadlines apply to my claim?

Deadlines matter. Most California injury lawsuits must be filed within two years under Code of Civil Procedure section 335.1, and claims against a city, county or state agency have a much shorter claim deadline. Our guide on how long you have to file a personal injury claim in California explains the timelines in more detail.

Ask whether the firm will take your case to trial

Many injury cases settle without a trial. Even so, Alina noted on air that you should ask whether the firm will take your case to trial, because some firms pass cases off to other lawyers when a case does not settle.

Questions that help you understand a firm’s trial readiness:

• If the insurance company will not make a fair offer, will your office file a lawsuit?
• Who would try my case if it goes to trial? Would it be referred to another firm?
• Have the attorneys here tried injury cases to a jury?

No one can promise how any case will turn out. What you are looking for is a clear, honest answer about who will handle your case from start to finish.

Find out who your main contact will be

Alina stressed that communication is key, so you should find out who your main contact will be.

Whatever firm you consider, ask:

• Who will I talk to when I have a question, and how do I reach them?
• How often will I get updates on my case?
• Will I be able to speak with the attorney, not just staff?
• Do you have staff who speak my language?

A case can take months or longer. Knowing who to call, and how quickly you can expect an answer, makes the process much less stressful.

Get the fee agreement in writing

Most personal injury attorneys work on a contingency fee, which means the fee is a percentage of what is recovered. In California, a contingency fee agreement must be in writing. Business and Professions Code section 6147 requires the attorney to give you a copy of the contract, signed by both you and the attorney, at the time you enter into it. The contract must state:

• The contingency fee rate you and the attorney agreed on.
• How costs and expenses of the case will affect the fee and your recovery.
• Whether you could owe the attorney anything for related matters not covered by the contract.
• For most injury cases, that the fee is not set by law and is negotiable between attorney and client.

If an attorney does not follow these rules, section 6147 makes the agreement voidable at the client’s option, and the attorney is then limited to a reasonable fee. Read the agreement before you sign, and ask about anything you do not understand, especially how case costs are handled.

It also helps to ask how settlement money is handled at the end of a case. Our article on how long a lawyer can hold a settlement check covers what to expect.

Check the attorney’s license with the State Bar

Before you hire anyone, look the attorney up on the State Bar of California’s Attorney Search. It is free and takes about a minute. Search by name or bar number, and the attorney’s profile will show:

• Whether the license is active.
• The address and phone number the attorney has on file with the State Bar.
• The date the attorney was admitted to practice in California.
• Any public disciplinary or administrative history.

Be cautious of anyone who contacts you uninvited after an accident, pressures you to sign right away, or promises a specific result. A licensed attorney should be comfortable giving you time to read the agreement and ask questions.

Key takeaways

• Talk to an attorney when your rights are at risk, and choose one who handles your type of case.
• Ask whether the firm will take your case to trial or refer it elsewhere if it does not settle.
• Find out who your main contact will be and how you will get updates.
• In California, a contingency fee agreement must be in writing and signed by both sides (Business and Professions Code section 6147).
• Check the attorney’s license on the State Bar of California’s Attorney Search before you sign.

Not sure you need a lawyer at all? Our guide on whether you need a lawyer for a car accident in California may help.

Talk to a California injury attorney

If you were hurt and have questions about your options, you can schedule a consultation with B&D Injury Law Group. Call (888) 977-2238 or contact us online. We are happy to answer the questions in this article about our own firm, too.

Attorney advertising. This article is general information, not legal advice. Reading it or contacting us does not create an attorney-client relationship. Every case is different, and results will differ based on different facts. Past results do not guarantee a similar outcome, and no result is guaranteed. B&D Law Group, APLC, Los Angeles office: 10700 Santa Monica Blvd, Suite 200.

Related Reading

• Hurt in a Police Chase in California: Who Pays for Your Injuries?
• As Discussed on KGET 17: Personal Injury Claim Mistakes to Avoid
• Negligent Security in California: When a Property Owner Pays for an Assault
• Hit by a Fire Truck, Ambulance or Police Car in California: Your Claim
• Personal Injury Attorneys — B&D Law Group