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There is no downside for a person pursuing a case, with the exception we must put in all of our fee agreements upfront. As, in the unlikely event that the individual loses, they could be responsible for the other side's costs. In 26 years, our office never had that happen, but we must tell everyone that when we're explaining the cost and fee structure going in. The reason it never happens is that if there are some negative issues with the case, there are many opportunities along the way for clients to decide and solve the case in their favor.
In a wrongful death case, each side bears its own attorney's fees. In California, there is no "loser pays" rule for attorneys’ fees. However, there are certain instances where the opposing party’s costs (i.e., filing fees, expert witness fees, copying costs, deposition costs, etc.) can be shifted to the losing party if the case is tried unsuccessfully. For quality legal representation, please contact our personal injury attorneys at Sacramento & Elk Grove-based John M. O'Brien & Associates by calling 1-800-722-4176 or send us an email and someone from our office will be in touch with you shortly.
DISCLAIMER: This article is not a substitute for legal advice and in no way constitutes legal advice or gives rise to an attorney-client relationship. Adequate counsel is fact-dependent and requires independent analysis and inquiry specific to your situation and circumstances. This article is simply meant as a guide to explain in general and brief terms certain issues and serves to provide general information. Contact John M. O’Brien & Associates at 916-714-8200 if you require legal help or wish to seek legal advice for your specific legal issue(s).