The legal system is often very confusing, and sometimes mysterious, to the lay person. Bowles & Verna's mission is not only to vindicate your rights under the law and maximize your recovery, but also to help you deal with your loss in a compassionate and understanding way. The following questions are frequently asked of us by incoming clients. To ask further questions unique to your particular case, click Contact Us and we'll be happy to respond.
What is involved in actually filing a lawsuit?
After the initial background investigation of the case is completed, we will either make a formal settlement demand to the opposing party or prepare a complaint asserting the legal theories to be pursued. The lawsuit is served on the defendants, who must respond within a month or so. Generally, the first couple of months are consumed with skirmishes between the parties as to the legal viability of the asserted claims, with Court rulings required on such issues as jurisdiction, legal capacity to sue, sufficiency of allegations, and appropriateness of venue.
How long will the lawsuit take?
This varies greatly depending on the complications of the case. As a general rule, trial dates will be set within a year to two years from the date the complaint is filed with the Court. Most of the time spent in preparing the case deals with development of the facts through the discovery process, which involves sworn deposition testimony, production of documents, written interrogatory questions, and medical evaluations, if needed.
Why should I hire Bowles & Verna as my lawyers?
To succeed in litigation, you need attorneys with a track record of proven success in both State and Federal Court, which B&V clearly has. We handle cases throughout the United States, and commonly associate with other attorneys, both in and out of California, to prepare and try complex cases. There is no substitute for experience and proven skill. We are also very compassionate and caring people, and are thus very sensitive to the loss you have suffered. You can trust, and rely upon, B&V to give you the best legal representation possible.
What is the fee arrangement?
Typically, we handle plaintiff cases on a contingency percentage fee basis, meaning that you pay nothing unless, and until, we succeed in obtaining a recovery for you. If we do not obtain a recovery for you, you do not owe any fee. The percentages we charge are based on the particular case, but are very competitive in the industry.
Where will the litigation take place?
This depends on the facts of your particular case. We will select the most advantageous forum to file the complaint, giving full consideration to the prospective jury panels in the jurisdiction, the quality of judges on the bench, and the particular rules and procedures of the available courts. We can file in any state in the union, and are not limited to California if the case warrants filing elsewhere.
What type, and amount, of compensation am I entitled to?
Again, this depends on the type of case you are bringing. For personal injury cases, you are generally entitled to collect for out of pocket expenses, lost past and future earnings, past and future medical expenses (even if paid by your health insurer), and pain and suffering. For wrongful death cases, you can similarly recover economic damages for losses, and general damages for loss of the care, comfort, and society of your deceased loved one. For business tort cases, lost profits, out of pocket expenses, and in some cases, emotional distress and punitive damages are recoverable. The amount of compensation varies with the facts of each case.
Will the case go all the way to trial?
The vast majority of cases settle without going to trial. However, each case must be prepared as if it will go to trial, as only then will the defense pay the maximum value for the case. The insurance companies and corporate defendants will only pay full value if they know that your lawyer is prepared and skilled at obtaining high jury verdicts. If the case does not settle, B&V has an outstanding record of success in trial.
How can I get more information?
To submit your case for review by us, or to get further information, simply click here or call Michael P. Verna at 925-935-3300.
