There is no charge for consulting with our office to determine the merits of a potential case. Frequently, Mr. Schlifkin can determine during the initial telephone consultation whether there is a claim he can pursue. In medical malpractice cases, it is often very helpful if medical records are available for review.

How much will hiring your office cost?

Mr. Schlifkin takes cases on a contingency-fee basis. This means that if there is no recovery made on your behalf, there is no fee charged. Clients are not charged for costs unless a recovery is made. The costs that were expended in litigating your case are then deducted at the time of settlement. In medical malpractice cases, attorney's fees are set on a sliding scale set by the state legislature. In other personal injury cases, fees are charged as one-third of any amount recovered if settlement is reached before the necessity of a lawsuit being filed and 40% of any amount recovered if settled after a lawsuit is filed. Costs expended in litigation are also deducted from the recovery.

How long do I have to file a lawsuit?

The time period in which a lawsuit must be filed is called a "statute of limitations." In California, the statute of limitations depends on the age of the plaintiff and the type of case. In most personal injury cases (other than those involving a public entity), a person has two years in which to file a lawsuit.

In medical malpractice cases, not involving a minor child, you have one year from the date you knew or should have known that a healthcare provider was negligent and that the negligence resulted in an injury, in no event longer than three years. California law requires that a 90-Day Notice of Intention to File Suit be served upon all prospective medical malpractice defendants and the California Medical Board prior to the expiration of the statute of limitations. This also serves to extend the statute of limitations by 90 days from the date it was served.

Do I need to hire an attorney?

As you can see from the above time limits, it is important that these be adhered to in order to protect your rights. Once a claim is made, insurance companies often want to take a recorded statement from you, the plaintiff, and request documentation to back up any claim being made for injuries. It is best to remember that the defendant's insurance company never, never, never has your interest at heart. Their motivation is to pay as little as possible or, better yet, to find a way to get out of paying you anything! The expertise of a veteran trial attorney such as Mr. Schlifkin can be invaluable in asserting your claim while protecting your rights.