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What Kind of Lawyer Do I Need? A California Guide by Problem

Not sure which type of attorney handles your problem? Match your situation to the right kind of California lawyer, with the deadline that applies to each.

Most people do not delay because they cannot afford a lawyer. They delay because they do not know which kind of lawyer to call, and by the time they find out, a deadline has passed. This guide maps the problem to the practice area and tells you the clock that is already running.

What kind of lawyer do I need?

Match what happened to you against this list.

What happenedWho handles itGeneral deadline
Hurt by someone else’s carelessnessPersonal injury2 years
Car crashCar accident2 years injury, 3 property
A vehicle the dealer cannot fixLemon lawAbout 4 years
Injured on a shiftWorkers’ compensationReport 30 days, file 1 year
Not paid for all your hoursUnpaid wages3 years, often 4
Fired for an unlawful reasonWrongful termination3 years to file with CRD
Treated differently or harassedDiscrimination3 years to file with CRD
A letter from your licensing boardLicence defence15 days to answer
Disability claim deniedDisability benefits60 days to appeal
Harmed by medical treatmentMedical malpractice1 year from discovery
An older adult being neglectedElder abuse2 years, 4 financial
Eviction noticeHousing5 days to respond
Sued over a debtDebt and consumer30 days to respond
Immigration status or a noticeImmigrationVaries, often short
Divorce, custody, supportFamily law30 days after service
A will, a trust, or a deathWills and estatesCreditor periods are short
Arrest or chargeCriminal defence10 days for a DMV hearing

Which deadlines are shortest in California?

These are the ones people miss, and none of them is measured in years.

  • Five days to file a response after being served with an eviction. Miss it and the landlord can take a default judgment and a lock-out order.
  • Ten days to request a DMV hearing after a DUI arrest. It is separate from the criminal case.
  • Fifteen days to file a notice of defence after a licensing board serves an accusation. Miss it and the board can act by default, without a hearing.
  • Thirty days to respond to a lawsuit, including a debt collection suit.
  • Sixty days to appeal a Social Security disability denial.
  • Six months to present a claim against a city, county or state agency under Government Code section 911.2. This catches anyone injured on public property, and county-employed caregivers.

How much does a lawyer cost in California?

It depends on the kind of case, and in several of these areas the honest answer is nothing up front.

Personal injury, car accidents and elder abuse are generally taken on contingency: no fee unless the case succeeds, then an agreed percentage. Lemon law is different and better — where the claim succeeds the Song-Beverly Act makes the manufacturer pay your attorney fees. Social Security disability fees are capped by federal regulation and paid from back pay only if you win. Workers’ compensation fees in California are set by the appeals board and come out of the award.

Whatever the arrangement, get the fee agreement in writing and read who pays case costs if the claim fails.

Do I need a lawyer at all?

Sometimes not, and it is worth saying so. A wage claim can be filed with the Labor Commissioner for free. Every California superior court has a self-help centre and a family law facilitator. Legal aid organisations handle evictions at no cost. LawHelpCA lists free help by county.

What is generally not worth doing alone: responding to a licensing board, defending a case where the other side has a lawyer and an insurer, or signing anything that releases a claim.

What should I do first?

Write down the dates while you still remember them, keep every document exactly as it arrived including envelopes, and do not give a recorded statement or sign a release until you have taken advice. Then work out which deadline applies to you from the table above, and treat it as sooner than it looks.

Where to get help

Unified Savers is free for California healthcare workers. Tell us what is happening and we will point you at the right kind of attorney for it: find a lawyer.

Unified Savers is not a law firm and not a lawyer referral service. This article is general information about how this kind of matter works in California, not legal advice about your situation, and reading it does not create an attorney-client relationship. Deadlines described here are general rules and exceptions frequently make them shorter.

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If this is happening to you

Do you need a lawyer, and what kind?

Most people never find out they had a claim until the deadline has gone, and some of those deadlines are five days. Answer a few questions and we will point you at the right kind of attorney for it, in any state, at no cost. Unified Savers is not a law firm and gives no legal advice.

Find the right kind of lawyer → All 17 areas →

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