Bad things happen to everyone. We’re involved in car accidents, get hurt at work, or are injured in some other way—often through no fault of our own—and then we’re left wondering how to pick up the pieces. A personal injury claim is something that many people end up filing in such instances.

If you’ve been injured and think you may have a claim against someone else, it’s important to understand that how you handle things (from the point of injury onwards) can have huge consequences for your case.

Here are five of the most common mistakes people make concerning personal injury claims.

1. Not Hiring an Attorney for a Personal Injury Claim

You may read this and think, “Of course, an attorney will say that,” but this is absolutely the most common and critical mistake. People who are injured and have a potential legal claim are unlikely to understand the real value or the full extent of that claim. They are also much more likely to make a huge mistake that can undercut their case.

Think of it from the defendant’s side. Insurance companies and other business entities will definitely have lawyers on their side. The standard playbook for those lawyers is to get a potential plaintiff to settle the case for little or no money before talking to an attorney.

If the defendant can’t settle the case, the next best thing is to convince the plaintiff to delay hiring an attorney as long as possible in hopes that they will trip themselves up and spoil their own case. They do this because it is in their best interest, and their interests are directly opposed to yours.

Most plaintiff’s attorneys who handle personal injury cases do so on a contingency basis. This means the client does not pay any upfront fees, and the attorney instead receives a percentage of any compensation the client collects. There is no downside to consulting with an attorney in this scenario, so don’t delay.

2. Failure to Document Evidence

A personal injury claim only has value if it can be proven, so it’s important to collect and retain evidence. The more objective the evidence, the more helpful it is (as opposed to relying solely on your own testimony).

For example, if you are in a traffic accident, call the police. They will investigate the scene and create a report. If there are witnesses, talk to them and get their contact information. Take photos of everything and if other people take photos, ask for copies. Anything that documents the event and its consequences has the potential to be helpful.

3. Making Unnecessary Statements

As a general rule, starting from the moment of the injury, it is best to make as few statements about the incident as possible. This includes statements to family, friends, and especially to potential defendants. Don’t post anything on social media. Everything you say can be used as evidence, and defendants will be searching intently for anything that weakens your case. One common issue is that some people are naturally very polite, and they end up apologizing for something that isn’t even their fault—that apology can be used as evidence of their guilt.

This rule goes hand in hand with having an attorney. If anyone wants to talk about the incident, you can (and should) simply refer them to your attorney and politely end the conversation.

4. Not Documenting the Full Extent of Your Injuries

If you don’t document your injuries, it will be more difficult to receive compensation for them later. Some people are accustomed to suffering in silence; they receive treatment for broken bones after an accident but never mention that they’ve started to have migraines or nightmares every day. If you tell a healthcare provider about any issues you are having as they arise, other people are more likely to believe they are real.

5. Settling Too Quickly

It’s natural to want to settle a case quickly. Lawsuits can take a long time to resolve, and people often just want to move on with their lives. They may also really need the money that is being offered just to pay for basic necessities or medical care. Defense attorneys know this, and they will try to take advantage of it. They will drag out the case and offer $100,000 to settle a claim that is worth a million dollars or more.

If it is at all possible, avoid falling into this trap. Holding on a little longer is usually worth the trouble.

Speak to a Personal Injury Claim Attorney

If you’ve suffered an injury and think you might have a legal claim, don’t make one of these mistakes. Contact our office to speak to an experienced personal injury claim attorney as soon as possible.

California has some of the most progressive labor laws in the United States and one of the highest minimum wages. Despite this, or perhaps partly because of it, some employers will still underpay their employees or deny them their rights under the law. Workers may suspect they have a claim against their bosses but still hold off on any legal action because they don’t have all the information they need or don’t know how to go about collecting what’s owed to them. Here’s what you need to know about unpaid wages in California.

Common Unpaid Wage Claims

An unpaid wage claim arises when an employer violates an employee’s statutory or contractual rights, resulting in the employee being paid less than they are owed. Here are some of the most common unpaid wage claims in California.

Minimum Wage

The current minimum wage in California is $15/hour or $14/hour for employers with 25 or fewer employees. If you are being paid less than that rate, you may be entitled to the difference in pay. Remember that some local minimum wages are actually higher than the state’s requirements. In San Francisco, for example, the current minimum wage is $16.32/hour.

Overtime Compensation

Most workers are entitled to overtime compensation if they work more than eight hours a day, 40 hours a week, or six days per week. Work that exceeds those limits should be compensated at 150% of the regular rate. In some cases, such as for work that exceeds 12 hours in a day, workers must be compensated at 200% of their regular rate.

Off-the-Clock Work

Employers may pressure or force employees to work before or after they’ve clocked in as a way to reduce expenses. This is often connected to overtime compensation, as employers seek to avoid going over the limits stated above.

Meal Breaks

Employees who work at least 5 hours a day are entitled to a meal break of at least 30 minutes. If the workday exceeds 10 hours, they are generally entitled to a second break.

Exempt/Contractor Classification – Some types of employees, such as white-collar workers, are exempt from many of these requirements, as are independent contractors. There may still be an unpaid wage claim, however, if the worker was improperly considered exempt or treated as a contractor.

Though these are the most common claims, this is by no means an exhaustive list. You may be owed unpaid wages if you were not paid for vacation days, reimbursed for business expenses, and more. If you suspect you are owed unpaid wages, you should contact an attorney.

Pursuing an Unpaid Wage Claim

One of the first priorities in successfully pursuing an unpaid wage claim is to ensure the case is filed before the statute of limitations expires. The statute of limitations is the maximum time allowed between when a violation occurs and when a claim can be filed. If the statute of limitation expires, you cannot collect on your claim.

The statute of limitations in unpaid wage cases depends on the type of claim involved. In most cases, such as claims arising from minimum wage, overtime, and meal break violations, the statute of limitations is three years. If the behavior is part of a regular pattern of underpayment, the statute of limitation usually starts running at the most recent violation. However, it’s very important to know that the statute of limitations may be shorter in some cases. For example, the statute of limitations for claims involving a bounced paycheck is just one year.

Because of this time limit, it’s crucial not to wait. If the statute of limitations is close to expiring, some employers may try to delay you through bad-faith negotiations. If the time limit passes, they win.

If you are still working for the employer against whom you have a claim, it’s understandable to be worried about retaliation. State law prohibits employers from retaliating against workers who file an unpaid wage claim against them. Such retaliation can take many forms, from firing the employee to reducing their hours. If your employer does something like this, you may have another legal claim against them.

Get Help with Your Unpaid Wage Claim

If you are considering pursuing an unpaid wage claim, it is highly advisable to do so with the help of an attorney. Your employer will almost certainly have a legal team, and they may try to intimidate you and make a lowball offer. Our experienced labor attorneys can evaluate your case, identify your potential claims, and help you get fair compensation. Contact us today to get started.

Adverse possession, sometimes called squatter’s rights or squatter’s law, is probably the most contentious way to acquire title to real estate. It has existed in some form or another for thousands of years, going back at least to the time of ancient Rome, eventually arriving in the United States as part of the English common law tradition.

It amounts to a kind of “hostile takeover” of someone else’s property, taking it from the original owner without payment. Though often imagined as someone acquiring a large piece of land by underhanded means, in reality adverse possession claims are far more likely to involve a border-line dispute between two neighbors.

A successful adverse possession claim in California must prove all of the following:

Hostile Claim – The occupier (the person without title) must possess the land against the interests of the owner, i.e., without their permission.

Actual Possession – The occupier must be physically present on the property, taking care of it as if they were the owner.

Open and Notorious Possession – The occupier’s possession of the property should be plain for anyone to see, serving as a kind of notice to the owner. What constitutes open and notorious possession will depend on the type of property, but common examples are enclosing it with a fence or constructing buildings.

Exclusive and Continuous Possession – The occupier must be the sole possessor of the property for at least five years, and their possession must be uninterrupted. For example, if the occupier was on the property for four years, then left for six months, and returned, the clock on the five-year period would start over again.

Payment of Taxes – The occupier must pay all state, county, and municipal taxes levied on the property. This serves as another type of notice to the owner. Payment must be made in a timely manner, meaning the occupier can’t simply pay off five years’ worth of taxes all at once.

Resolving an Adverse Possession Case

As stated above, a typical adverse possession case doesn’t involve an intentional scheme to take over someone else’s property, but rather a neighbor encroaching on the border line. Often these situations can be resolved amicably (depending on the neighbor), but other times it’s more complicated, such as when it’s the neighbor’s house that is on the wrong side of line. The parties may be able to negotiate a transfer of title, but sometimes litigation is the only option.

During the five-year period required for an adverse possession claim, the occupier is continually trespassing on the owner’s property. This means the owner can simply file for eviction. Even if the occupier had built some structure on the owner’s land, they would have to remove it.

If the five-period has already passed, either the occupier or the owner can initiate an action to quiet title, in which the court will decide who the rightful owner is. The burden is then on the occupier to prove every element of their adverse possession claim. It’s a difficult case to win, as courts don’t like taking property from the original owner. If the occupier does win, they receive title to the land and have full rights as the new owner.

The Importance of Having a Real Estate Attorney

Adverse possession cases are complex and the stakes are high for the parties involved. No matter which side of the dispute you are on, it is critical to have an attorney with expertise in real estate matters. They will be able to review deeds and other property documents, get an accurate survey of the property boundaries, and properly evaluate the adverse possession claim in light of all the facts.

If you are involved in a real estate dispute such as adverse possession, don’t hesitate to contact our experienced team of Southern California real estate attorneys.

Real estate can be tricky. Even the average home purchase can be overwhelming in the sheer number of details that must be attended to. For most people, real estate is the financial largest investment they’ll ever make. It is completely normal for something to come up that leaves you wondering whether you should hire a real estate lawyer. We’ll go over some of the common situations where it might be best to have professional legal help.

Buying or Selling a Home

One of the most frequently asked questions in this area is, “Do I need a real estate attorney to buy or sell a house?” Some states legally require that real estate transactions be reviewed by an attorney—California does not. Formal requirements aside, whether or not you need an attorney depends on the situation.

As an example, consider an ordinary house purchase. Both the buyer and seller have great real estate agents, the house is in good condition, there are no liens on the property, etc. Do you need a real estate lawyer in this situation? Probably not. Bear in mind, though, that as the value of the property goes up, or if you are from out of town/out of state, it becomes a better idea to hire an attorney just to make sure everything is in order.

It is definitely more advisable to use a real estate attorney if there are any non-standard issues surrounding the transaction. For buyers, these non-standard issues can include:

–        The home is owned by the bank

–        It’s being sold as part of an estate sale

–        There are tenants currently living on the property

–        The land is in a flood zone, tornado-prone area, etc.

For sellers, common issues include:

–        The home is part of a divorce settlement

–        It’s part of an estate of which you are the executor

–        A short sale (selling for less than you owe on the mortgage)

–        Liens on the property

–        Major physical damage to the property

The list could go on and on, but the key point is this: Anything out of the ordinary should drive you to reach out to an attorney and better understand what you’re getting into. Of course, many people would prefer to avoid the cost of hiring a lawyer, but when considered as a fraction of the total price of the home and how much trouble (and money) it can save you down the road, it’s really a minor expense.

Real Estate Disputes

Whether you are a homeowner, a renter, or an HOA director, there are a wide variety of legal disputes that can pop up and disrupt your life. These range from seller non-disclosure issues to prescriptive easements to property title claims. For anyone involved in a real estate dispute and whose home or property value is on the line, we recommend contacting an attorney immediately. Any delay could prejudice your case due to statutes of limitations and other filing deadlines.

Contact a San Diego Real Estate Attorney Today

If you’re asking yourself whether you need a real estate attorney, chances are you should at least sit down for a consultation. Contact our office today to set an appointment.

What You Need to Know About Real Estate Disputes

There are few areas of the law that touch on our emotions so deeply as real estate disputes. This is because they often lie at the intersection of two very important aspects of our lives: our homes and our personal finances. Though people may prefer to resolve them quickly and informally, the underlying issues can be complex and passions can flare up quickly. In these cases, the best option is usually to hire an experienced real estate dispute attorney.

Types of Real Estate Disputes

Here are a few of the most common legal disputes people encounter when it comes to real estate:

Purchase Disputes – These real estate contract disputes pop up after the deal has been signed, and sometimes well after the buyer has taken possession of the property. They often revolve around a claim that the seller misrepresented or failed to disclose a material fact. For example, the seller may have neglected to mention an environmental problem or other information that affects the value or use of the property.

Property Ownership Disputes – Sometimes multiple parties simultaneously claim ownership of a property. For example, one owner performs a survey of the boundaries of their property and subsequently claims that part of the neighbor’s home is actually on their land. In such a case, there may be little room for informal negotiation.

Nuisance Claims – One owner may claim that the actions of another are interfering with the reasonable use and enjoyment of their property. These can vary widely, from excessive noise to environmental pollution. For example, if a homeowner has a view of the ocean but a proposed construction project will block that view, the owner may seek to stop construction or receive compensation.

Homeowner Association (HOA) Disputes – HOA agreements can serve a variety of purposes, including obligating owners to maintain a certain level of care or appearance in order to keep nearby property values stable. Disputes often arise when an owner wishes to do something that is alleged to be prohibited by covenants, conditions and restrictions (CC&Rs) or contests a special assessment against their property.

Landlord/Tenant Disputes – Both landlords and tenants commonly have claims against each other. These include nonpayment of rent, breach of lease agreement, and habitability issues (unhealthy conditions, failure to make repairs, etc.).

Resolving Real Estate Disputes

The best approach to real estate dispute resolution is to prevent the issues from coming up in the first place. Hiring a legal professional early in the process, such as during a real estate purchase, can help owners catch issues early and keep them from growing out of control.

Sometimes a dispute is unavoidable, though. In these cases, owners may wish to keep the case out of court through some sort of alternative dispute resolution like mediation. This approach has the advantages of being generally faster and less adversarial. Attorneys can fill the role of mediator and/or represent the parties in negotiations.

If a dispute requires litigation, all parties should have assistance of counsel. The factual and legal issues are likely to be complex, and too much is at stake to go it alone.

San Diego Real Estate Dispute Attorneys

If you are involved in a real estate dispute, our experienced attorneys can help you resolve the matter in a cost-effective manner. Schedule a consultation today.