Getting Answers To Your Questions

In the aftermath of a serious accident or injury, you are likely to be overwhelmed with questions and uncertainties. This section is designed to answer some of the more general questions clients may have when they begin to consider bringing a personal injury claim.

For more personalized answers, you are encouraged to contact our attorneys to schedule an in-person free consultation.

How do I know if I have a valid case?

When our personal injury attorneys evaluate the initial facts surrounding your case, we will help you determine whether you have enough evidence to bring a legitimate claim. Some of the factors we will consider are whether your evidence is credible and substantial, whether your witnesses are reliable, and the degree of your injuries. We will evaluate the amount of damages for which you are likely eligible and whether your losses are considerable enough to warrant the time and resources that will be required.

When bringing a personal injury claim, the plaintiff has the burden of proof, which means that the facts surrounding your case must clearly demonstrate that a) the defendant acted negligently by failing to exercise a reasonable amount of care and that b) this negligence directly contributed to your harm or injury.

How will your personal injury attorneys determine if my claim is legitimate?

The first step in bringing a personal injury claim is gathering and evaluating all pertinent facts and evidence surrounding the incident. Our personal injury attorneys will work with you to compile this information, which, depending on the type of claim, may include police reports, medical bills, medical records, witness contact information, company handbooks and/or other documents, and photographic documentation of the accident scene. This will help us evaluate the extent of your damages and the weight of your evidence.

Our personal injury lawyers will then analyze the facts of your case in light of existing laws and determine if there is a legal remedy for your situation. If we feel that our firm can be of service, we will present you with a tentative course of action and discuss the costs and benefits of such action.

Our personal injury attorneys, serving the entire San Joaquin Valley, including Tracy and Turlock, will be happy to set up an in-person consultation to discuss your claim.

How much will your services cost?

Our personal injury attorneys handle many of our cases on a contingency fee basis, which means that you do not pay a fee unless we are able to obtain a recovery for you.

Before pursuing your claim, we will agree upon a percentage rate that will be applied to the amount of money you recover. If we feel that you have a valid claim that is likely to warrant a significant recovery, we will either perform the necessary research free of charge or advance the necessary funds until we have obtained a recovery.

In some cases, we accept clients on an hourly-fee basis, for which we will charge a set hourly rate for the time we spend pursuing the case. The rate will depend on your individual case, but our personal injury attorneys can provide you with an estimate of the total costs that will be involved.

How much time do I have to file my claim?

The window of time during which a plaintiff may bring a claim, called the statute of limitations, varies from state to state and depends on the type of case involved. In California, the statutes of limitations by area are as follows:

  • Medical malpractice — three years after the injury occurs, or one year after the victim discovers or should have reasonably discovered the injury, whichever occurs first
  • Personal injury — two years after the injury or discovery of injury
  • Product liability — two years after the injury or discovery of injury

These statutes can vary significantly depending on the specific details of your case. If you are bringing a claim against a government institution, for example, you may be required to file a notice of claim letter, which informs the institution of your intent to pursue legal action, within a much shorter time period. If you fail to take this step, you may lose your right to file the claim.

Because personal injury claims are so time-sensitive, it is crucial that you contact a qualified law firm as soon as possible. Our personal injury attorneys serving the Greater San Joaquin Valley have the resources and experience to expedite your claim in a timely manner.

Will I have to go to trial?

Not necessarily. Our personal injury attorneys will make every effort to achieve a fair settlement for you outside of court. However, while we are pursuing an out-of-court settlement, we will also diligently prepare your case for trial.

If a fair settlement cannot be reached, we will be thoroughly prepared to present your case to a jury and help you obtain the compensation you deserve. Many of our cases have settled before and occasionally during trial proceedings, and we have obtained hundreds of generous pretrial settlements for victims of brain injury, burn injury, dog bites, slip-and-fall accidents, auto accidents and other serious personal injury claims.

What areas does Drivon Turner & Waters, PLC, serve?

Based in Stockton, California, our firm is accessible to all of Northern California, including the Bay Area, Sacramento, San Jose, Modesto, Lodi, Manteca and the San Joaquin Valley, including Tracy and Turlock. Our personal injury attorneys are also happy to accept clients from the rest of California, as well as out-of-state clients. We are proud to be a part of the Stockton community, and we devote many of our community service hours to local organizations. We are also recognized for our contributions to national victims' networks and nonprofit organizations.

Additional FAQs

If you have questions about a specific area of law, please visit these additional FAQ pages:

Contact Our Personal Injury Attorneys

To discuss your personal injury claim, contact our attorneys to arrange a consultation. This initial meeting entails no obligation on your part and is simply an opportunity for us to review the facts surrounding your case. Call 209-800-8971 or send us a message through our online contact form.