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Edward Montoya’s FAQs.

Will attorneys take a litigation case on contingency fee basis?

There are some cases that can be taken on a contingency fee basis and others that cannot. Under the rules governing attorney conduct, a lawyer cannot take a family related matter on a contingency fee basis. However, as other colleagues have already correctly stated, the rules do allow for personal injury, wrongful death, product liability, maritime accidents, slip and fall, aviation and other injury cases to be handled on a percentage basis. Many commercial disputes may be taken on a contingency fee basis such as stock broker negligence and investment class action cases.

I was rear-ended last night and I’m feeling pain in my neck and back area. What rights do I have? What do I do?

The driver of the vehicle that struck you (assuming the other vehicle struck your vehicle) should be deemed liable, if it was not your fault. However, the question is whether this accident was reported to the local police authorities and whether you have a police report that accurately details the name and address of the person who caused the accident. If the answer is yes to both questions, you will need to place that driver who caused the accident on notice and confirm if he or she has insurance. I will need additional information to assist any further.