Q: I don't have a lot of money. Can I afford the services of a personal injury attorney?
A: Yes, you can.
The attorney's fees in personal injury cases is contingent upon Stephen D. Counts recovering money for you. The "contingent" fee is a percentage of the total settlement, award, or verdict. In other words, attorney's fees are only paid if money is collected for you.
Our commitment to you...
NO FEE UNTIL WE WIN:
We do not charge a fee until there has been a monetary recovery. If you do not collect, you do not owe us anything.
WE ADVANCE COSTS:
We advance all costs and expenses related to your personal injury claim.
FREE IMMEDIATE CONSULTATION:
Consultations and case evaluations are free of charge, regardless of where or when they take place. In other words, you have nothing to lose and everything to gain by letting our experts take a look at your personal injury case to determine whether we think you have a case.
Q: What percentage of your practice is devoted to personal injury?
A: 100% of our practice is devoted to representing injury victims and their families. Personal Injury is our only priority.
Many law firms practice personal injury law only part time as part of a general practice that might also include divorce, criminal defense, and other unrelated fields. Although these types of firms may do a fine job in many areas of law, they could have limited experience in handling personal injury claims. And without an experienced expert on your side, your personal injury claim could be jeopardized.
Stephen D. Counts is a Personal Injury Lawyer. His loyalty is undivided. He NEVER represents insurance companies or corporate wrongdoers. He ONLY represents people who have been injured... people just like you. Also, he only represents personal injury cases in Orange County, California, Los Angeles County, and Riverside County, so he is uniquely educated on areas of local concern.
Q: Am I eligible for a free case evaluation?
If you believe you or someone you love have suffered personal injury or death as a result of the wrongful conduct of another, Stephen D. Counts can evaluate your case at no charge.
A: All personal injury claims are adversarial. This is because nearly all personal injury claims involve an Injured Person fighting for justice against a Wrongdoer unwilling to be held accountable for its wrongful actions.
The injured party or the family of an injured or deceased person rightfully wants to obtain fair and reasonable compensation for their loss. Unfortunately, the wrongdoer is typically a large corporation, a public entity, or an insurance company.
The insurance industry and corporate wrongdoers will do everything possible to limit your ability to obtain reasonable and fair compensation for an injury or death. Billions of dollars have been spent over many, many years to limit your ability to obtain fair and reasonable compensation.
Make no mistake, your fight for justice against corporate and insurance company interests was never intended to be fair.
The wrongdoer or its insurance company will almost certainly encourage you to settle your claim(s) for an amount that greatly undervalues the actual losses sustained. An experienced personal injury lawyer can help you in gathering evidence, and dealing with the wrongdoer and/or its insurance company in any settlement negotiations or possible trial.
To make matters worse, laws regarding injury and insurance are very complex. Personal injury claims must be fully and accurately documented and evidence must be collected and presented in the appropriate manner. For example, certain forms must be filed with the DMV in the case of a motor vehicle accident and statutorily mandated pre-litigation notices and government claims must be made in other situations, such as medical malpractice or claims against a public entity.
If your case is accepted and you become a client, Personal Injury Lawyer Stephen D. Counts and his experienced staff will fight on your behalf, while guiding you through the complex and often technical process of making a personal injury or wrongful death claim. And we promise that you will never pay us a cent if/when you receive compensation for your injuries.
Mr. Counts will explain the litigation process to you, protect your rights, as well as outline any pitfalls along the way.
Consider a personal injury claim as a championship-boxing event. Insurance companies and corporate wrongdoers will send in their heavyweight champion. Do you think you should get in the ring alone with them? Wouldn't you do better to hire a real contender to get in the ring and fight for you?
Q: How much time do I have to make a Personal Injury claim?
A: As a general rule, in California, you must file a negligence-based Personal Injury lawsuit within two years of the date of injury, or from the date that you should have reasonably discovered the injury.
However, this general statute of limitations has exceptions and there are different statutes of limitation that apply to different types of claims, such as Medical Malpractice, Product Liability, Wrongful Death, and Intentional Tort claims.
The best way to ensure that you have preserved your ability to make a Personal Injury claim is to contact and discuss the specific facts of your injury with experienced California Personal Injury Attorney Stephen D. Counts.
Q: What kinds of expenses are involved in my case, aside from lawyer fees? And do I have to put up the money?
A: All necessary costs and expenses are advanced "out of pocket" by the firm and reimbursed from the settlement funds. If there is no settlement claim, then you do not have to repay any of these fees.
The first thing that costs money in the handling of a case investigation. Investigators are used to take statements from witnesses, take photographs, and to locate other important evidence. There are also fees for the reports obtained from police departments, fire departments, and other investigative bodies, and there are fees paid to state agencies, such as the DMV, in order to file statutorily mandated forms and other information.
Next, hospitals and physicians' offices charge for copies of their medical records and bills. Experts, such as physicians, life-care planners, accident reconstruction, safety engineers, biomechanical engineers, economists, or others, may be necessary to prove the issues in your case. Expert charges are frequently the most expensive part of litigation, with hourly rates varying from $150 per hour to $1,000 per hour.
In each case, the expenses are managed very carefully to accomplish the dual goals of proving all issues in the case and not spending more than necessary to do so.
Q: What should I do to preserve my auto accident claim?
A: In the immediate aftermath of an injury caused by a car accident, you or your loved ones may be understandably shaken, or possibly even incapacitated. However, it is important to take certain steps as best you can and as soon as you can.
A: A lawsuit is not always necessary. Both parties may reach an out-of-court settlement without going forward with a lawsuit. The disadvantage to this is that your bargaining position is generally limited and weak. You may have greater leverage and clout by entering into a lawsuit to prove negligence on the part of the defendant, which could result in a greater amount of compensation.
Q: Should I just accept the settlement from the wrongdoer or its insurance company?
A: No.
The wrongdoer or its insurance company will almost certainly encourage you to settle your claim(s) for an amount that greatly undervalues the actual losses sustained. An experienced personal injury lawyer can help you in gathering evidence, and dealing with the wrongdoer and/or its insurance company in any settlement negotiations or possible trial.
Q: What if the wrongdoer has no insurance?
A: If the wrongdoer has no insurance and no ability to provide fair compensation for the injuries, you may still have the ability to obtain compensation. If your injury occurred as a result of a motor vehicle collision, review the "Declaration Page" of the automobile insurance policy covering your car or the car you were in at the time of the collision. If the "Declaration Page" states that there is "Uninsured (or Underinsured) Motorist Coverage, you may be entitled to compensation from these policy provisions.
However, the requirements of proof in making an Uninsured/Underinsured Motorist claim are stringent.
The best way to ensure that you have filed the proper forms and obtained the required documentation is to contact and discuss the specific facts of your injury and insurance coverage with experienced California Personal Injury Attorney Stephen D. Counts.
And because we offer a Free Case Evaluation, you have nothing to lose and everything to gain. You deserve justice for your personal injuries, and you deserve a personal injury attorney who is willing to fight for your rights.
Q: How do you determine how much money my injury is worth?
A: Every claim is valued individually, and there are many different factors that must be considered in each case to reach a reasonable value range.
California personal injury claims typically entitle you to compensation for lost wages (past and future), medical expenses, and physical and emotional suffering, among others.
Some of the important considerations are: the type of injury, the length of the disability resulting from the injury, permanent residual pain, loss of function, scarring, past and future medical expenses, and loss of earnings and lost earning capacity.
Similar cases in the jurisdiction are of some assistance in reaching a value range, and whether or not alcohol or drugs are involved in the causing of the accident are very significant.
Experienced personal injury attorneys who handle 100% personal injury cases are generally the best choice to represent an injury victim. Stephen Counts is just such an attorney, proudly fighting for your personal injury rights in Los Angeles County, Riverside County, and Orange County.
Q: How is the value of a wrongful death case established?
A: Damages in a wrongful death case are primarily based on the value of the relationship. This includes provable loss of financial support in the future as well as compensation for loss of the love, society, affection, comfort and moral support that would have been provided by the person that was killed. Each individual plaintiff's case (such as the widow and children) must be determined separately.
Q: Can I sue a car manufacturer or repair service facility for defects that lead to my accident?
A: Defective seatbelts, equipment, roof cave-ins, and other issues fall under the category of Product Liability and you can make a personal injury claim against an automobile manufacturer or repair service facility if you believe a defect caused your accident.
Car manufacturers are responsible for the safety of every aspect of production of an automobile, from design to manufacture to marketing.
Contact Stephen D. Counts and his talented staff today for a Free Case Evaluation.
Q: What should I do if my child is injured in an accident?
A: Take your child to the doctor immediately. Take pictures of any visible injuries. Don't let anyone talk to your child about the accident, especially if the person is from an insurance company.
Keep a journal of how the injuries are affecting your child. Consult a personal injury attorney as soon as possible to discuss your options. In serious cases, a structured settlement with payments over a period of years may be a better option than a lump sum settlement.
Q: My relative is paralyzed after a serious accident, what can I do to get her lawsuit started for her?
A: It is good that you are thinking ahead for him/her. There is a lot of investigation that is required at the earliest possible time following a catastrophic accident, so the sooner the law firm is retained the better the chances of success. You can approach the role of guardian in many different ways. Depending on your paralyzed relative's needs you may consider a durable power of attorney, a court ordered conservatorship with limited powers, or becoming a representative payee for the purpose of receiving SSI or SSDI benefits for your injured family member. These are topics to discuss with the law firm right from the start. The personal injury law firm can also arrange to make hospital or home visits with prospective clients.
Q: Which relatives are allowed to sue for wrongful death?
A: Generally, the immediate family of the person wrongfully killed are permitted to make a claim for wrongful death. The actual heirs entitled to inherit from the deceased person are the same people who can sue for the wrongful death. This means the widow or widower and the children, and if none, then the parents, and if none, then the siblings of the decedent, etc.
Q: I think my good friend is behaving strangely following a terrible accident, what are the signs of brain damage or traumatic brain injury?
A: A person that has suffered TBI, or Traumatic Brain Injury, exhibit a wide variety of symptoms. Some important ones to note would be memory loss, loss of consciousness, lack of coordination, slurred speech, confusion and inability to pay attention, delayed verbal responses, erratic emotions or mood swings, or a vacant stare.
There are many other ways that a person might also have symptoms following a brain injury. To be safe, take your friend to a physician and get a referral to a neurologist. If the doctor suspects TBI, he may order neuropsychological testing. If cognitive deficits are found a method for accommodating the person's problem can be instituted.
Knowing more specifically what the problems are, such as visual disturbances, loss of balance or memory loss, enables all to find ways to protect against risk and eliminate substantial worry and anxiety that accompanies TBI and cognitive deficits.
If you suspect that TBI or some other form of brain damage was caused by the wrongful acts of another, it is imperative that you immediately contact an experienced personal injury lawyer to determine whether the brain damaged patient is entitled to compensation for their injuries, and to protect their right to make such a claim.
One of Stephen D. Counts's areas of expertise is brain injury cases in Orange County, Riverside County, or Los Angeles. And because he offers a Free Case Evaluation, let him apply his expertise to your case at no charge.
Q: I am not sure what my 30-year old daughter will be able to do for herself. She had a closed head injury, a fractured skull and some bleeding in her brain. Can the lawyer help with these decisions?
A: Yes.
There are many different types of legal arrangements by which one party acts to some extent on another person's behalf because of a debilitating brain injury or a grave illness. The relationship between an injured person and his or her agent is governed by State law. Certain relations, such as Conservator or Guardian ad Litem, involve court appointment and supervision.
To learn about the various options for such situations is an important step as soon as practicable after a catastrophic injury. Whether there should be an attorney-in-fact, or limited power of attorney, or durable power of attorney are just a few of the things to discuss as options.
Because the brain injury patient may have lost some ability to reason or make judgments regarding things like finance, he or she deserves all the various kinds of help needed. This might divide into many different categories, such as finances and paying bills, arranging medical and home care, and modifying exercise programs.
It is imperative that you immediately contact an experienced personal injury lawyer to determine whether the brain damaged patient is entitled to compensation for their injuries, and to protect their right to make such a claim.
Q: Is it possible to establish a limited kind of guardianship to help take care of my quadriplegic brother? Or will any relationship require Court supervision?
A: Many relationships are created by court order and require annual accounting to the Court with respect to assets and expenditures. The first year the court may require additional reports, as well.
Being appointed as Conservator for another is a typical limited way of managing some matters. Less formal arrangements, such as with power of attorney or durable power of attorney, would not require court filings, accountings or legal fees.
The details of these laws vary by the state, so consultation with a local personal injury attorney is important.
Q: Should I give the insurance company a tape-recorded statement?
A: No.
Generally speaking, the investigators or adjusters for an insurance company who represent the wrongdoer that caused an accident want to take a tape recorded statement from the injured claimant so that they can use it later to limit the value of the claim.
The tape recording is made to use against the interests of the injured party and to try to prevent the injured person from claiming any injuries or losses later on that are not described in the recording. The best advice is never to provide such a recording!
Consult an experienced personal injury lawyer to ensure that your rights are being represented.
BRAIN INJURY
Q: What is traumatic brain injury?
A: Traumatic Brain Injury (TBI) occurs when the head is impacted by an outside force, causing the brain to move within the skull, or direct injury to the brain itself. This can also be caused by a rapid acceleration or deceleration of the brain inside the skull, which can damage brain tissue or sever nerve fibers.
Motor Vehicle Accidents, Birth Injuries, Slip/Trip and Fall Injuries, Shaken Baby Syndrome, and other personal injury events can cause or contribute to TBI.
If you suspect that TBI, ABI, or some other form of brain damage was caused by the wrongful acts of another, it is imperative that you immediately contact an experienced personal injury lawyer to determine whether the brain damaged patient is entitled to compensation for their injuries, and to protect their right to make such a claim.
Q: Can a brain injury develop from a non-traumatic medical procedure?
A: Yes.
Acquired and Traumatic Brain Injury can occur during medical procedures. Acquired Brain Injury is the term applied to injuries caused by insufficient oxygen being supplied to the brain.
Surgical error or negligence, including improper anesthesia administration, can lead to disastrous mistakes while trying to keep the brain fully oxygenated. Traumatic brain injuries, such as Birth Injury, that can occur by forced delivery through the birth canal, can also lead to a number of different injuries to the brain, including Cerebral Palsy, in newborns.
Q: What is the value of a brain injury claim?
A: Financial entitlements for serious personal injury claims, such as brain injury, can be substantial. Each case is different, but circumstances may entitle you to recover damages including medical bills, loss of wages, emotional distress, future social and educational experiences lost, and even punitive damages should your case prove that the responsible party demonstrated reckless disregard or malicious intent.
In order to protect your ability to obtain fair compensation for a brain injury claim, it is imperative that you immediately seek medical care and seek advice from an experienced personal injury attorney. Stephen D. Counts is an experienced brain injury attorney located in Newport Beach, California, and proudly serving Orange County, Los Angeles, and Riverside.
MEDICAL MALPRACTICE
Q: Are all complications from medical care considered malpractice?
A: No.
Medical malpractice, or medical negligence, occurs when anyone involved with your medical care fails to provide reasonable medical care, which results in injury or death to the patient.
Reasonable care is the standard of care that any other qualified medical provider would take under the same or similar circumstances.
Medical malpractice can take many forms, including: failure to diagnose, surgical error, prescribing the wrong medicine, delayed treatment, and more.
Q: Who can sue for medical malpractice?
A: The injured party or family members who have lost a loved one whom they believe was the victim of medical malpractice are eligible to file suit against the person or entity responsible.
In California, the regulations governing medical malpractice actions are extremely stringent. In most cases, you have no more than one year to commence a medical malpractice action.
That is why it is so important that you contact an experienced personal injury attorney as soon as you suspect that you or someone you love has been the victim of medical malpractice.
Q: Can I file a medical malpractice lawsuit if I sign an informed consent form?
A: An informed consent form does not free a medical care provider from liability if they are negligent. By signing an informed consent form, you are merely "agreeing" to treatment, after the risks and benefits and necessity of that treatment have been explained to you in detail. Signing the form does not absolve caregivers from responsibility should they make mistakes.
Q: How will a medical malpractice attorney help my case?
A: A medical malpractice attorney will help build your case by gathering all the evidence related to your medical care in order to prove that the healthcare provider was negligent in your treatment, causing injury or exacerbating an existing injury.
This will also include locating expert witnesses in a similar medical specialty who can testify on the reasonable care involved in the type of procedure you had undergone, or witnesses to the actual event.
Q: What is the value of my medical malpractice case?
A: Every case is different, and monetary worth would depend on the circumstances of your medical malpractice claim. Damages can be sought on grounds of physical and emotional distress, as well as past and future loss of wages and other issues. Under California law, there are certain statutory limitations regarding the type of compensation a plaintiff is entitled to.
Q: I don't have a lot of money. Can I afford the services of a personal injury attorney?