Legal Question in Personal Injury in California

You Don't Know What You're Doing. Demand a jury trial. Do not waive the right to a jury trial. Get an attorney.

You don't even know when and how to request a jury trial. That should tell you a lot about your ability to prosecute this case pro se. I have been a litigator for over twenty years and I have never once seen a pro se plaintiff win a case. In fact I don't think I've ever heard of one getting to trial. If you can't find an attorney to take a $400,000 PI case on contingency, you don't have a case that would win. There isn't a PI attorney alive who won't take a $400,000 case if it has merit, so if you've been turned down, it's because your case is no good. If you haven't tried to find an attorney because you can't afford the contingency fee, then as one of the other attorneys here is fond of saying, you must be able to afford to lose the case. To answer the two direct questions you asked, however, I can't tell you whether to ask for a jury trial or bench trial because I know nothing about your case. Without knowing the case, evidence and witnesses, no attorney in their right mind would make a jury or bench trial decision. I would definitely suggest you NOT ask for the type of trial you prefer at the hearing on a motion to strike however, it will just put a spotlight on how ignorant you are about the law and civil procedure.

I agree with Mr. Stone and Mr. McCormick. Let me add that you can't force the other side to have a non-jury trial if it wants a jury. Assuming the case goes to trial, there will be a jury if either side demands one properly and pays the required fees (or gets a waiver) on time.

All of the answers above are entirely correct, though perhaps a little too harsh in tone. They are just trying to warn you that you have a poor knowledge of court procedures. Opposing counsel may try every trick in the book, and you do not stand a very good chance of ever getting to trial. You definitely want to try alternative dispute resolution [ADR] as much less attention is paid to legal technicalities.

If you want, write me an e-mail giving all the basic facts of the case, what the attorneys you have tried to get to represent you have said about the case, what the defense attorney is arguing for the dismissal of the case, etc. I will quickly look at it and tell you, based upon what information you have provided, if you have a case of any significant value. But if you have not been able to get an attorney to take the case, that does mean it does not look like you have a chance to recover anything.

Did you file an amended complaint before the demurrers were even ruled on by the court? If you truly have a $400,000 case, an attorney like myself would be happy to take it on. You will get more even counting the attorney's percentage, than if you take the case yourself and get a small amount, or possibly nothing. The judge may or may not give you a warning before throwing out your case, if you make a critical error. Personal injury cases have specific requirements. You need to know how to calculate damages. You need to know how to get the evidence you need in discovery, depositions. Send me an email.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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