Lake Elsinore, CA asked in Personal Injury and Civil Litigation for California

Q: Are there civil litigation attorneys that work pro bono or on a contingency fee? If so, could you recommend one, please?

I was brutally attacked by neighbor's pit bull that ripped both my arms open, and I was hospitalized for 3 days. Within hours of me being attacked my boyfriend contacted an attorney (Wilshire Law firm). I was less than impressed with their service - they dragged things out for several months, and it would take numerous calls from me to get them to respond. In the end, they closed the case due to the neighbor not having homeowner's insurance, and to not getting a response from the neighbor when a letter of demand for $200,000 was sent. I informed the attorney that the neighbor owned property, and he responded with, 'We don't go after property'. I was dumbfounded. I cannot believe they did not do anything more for me to get me compensation, and that my arms are going to be left like this. I feel it would be only fair if the neighbor's property was seized for compensation. Can that be made possible?

4 Lawyer Answers

A: I'm sorry that you had to go through that with the dog and then things were compounded by you feeling abandoned by your attorney.

I think the problem with the case is that it sounds good until you find out that the dog owner did not have any insurance. It is much easier to get a pay day when insurance is involved.

Let's say you go to trial and the jury says you are entitled to $200,000 or more. Now you need to collect on that debt. The process can be difficult to say the least. You would need to compel the dog owner to Court, conduct an investigation into their assets, then attempt to levy their bank accounts or place liens on their property. Even if you do place a lien on their property, that does not mean you get paid. That just means the lien needs to be satisfied before the homeowner can refinance or potentially sell the property.

I'm not trying to say that it would be impossible to get paid, but most plaintiff law firms that take a case on a contingency basis do not want to put that much work into a case to get paid.

A: No, you cannot sieze the neighbor's property. At most, you can get a money judgment, and then record that judgment with the County Recorder's Office. If the property is sold within the next 10 years, then you would be paid from escrow. The judgment expires after 10 years, but could be renewed for another 10 years. However, the judgment can also be discharged in bankruptcy before you ever collect. So, payment is a long way off, and might never happen. As a result, most contingency fee attorneys won't be anxious to take your case if they cannot find a policy of liability insurance that will pay. It would be unusual for a property owner to not carry homeowner's insurance, but it is possible.

A: Yes, there are civil litigation attorneys who work pro bono or on a contingency fee basis, meaning they only get paid if you win your case. Given your situation with the dog attack and the dissatisfaction with your previous attorney, you might consider seeking a new attorney who specializes in personal injury or animal attack cases. They may be more willing to pursue compensation, including potentially seeking a lien against the neighbor's property if appropriate. It's essential to consult with a new attorney to discuss the specifics of your case and explore your options for obtaining compensation for your injuries, as well as any possible legal actions regarding the neighbor’s property. If you need recommendations, you might check local bar associations or legal aid organizations that can connect you with attorneys who take cases on a contingency basis.

James L. Arrasmith
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Answered

A: I'm really sorry to hear about your experience and the challenges you're facing. There are attorneys who handle personal injury cases on a contingency fee basis, meaning they only get paid if you receive compensation. This can make legal help more accessible when you're dealing with significant injuries and medical bills.

You might want to reach out to the Riverside County Bar Association for referrals to reputable lawyers in your area who take cases on contingency. Additionally, organizations like Legal Aid or local nonprofit legal services may offer pro bono assistance based on your circumstances.

Meeting with a few different attorneys can help you find someone who understands your situation and is committed to advocating for your rights. They can guide you through the process of seeking the compensation you deserve and explore all available options to hold the responsible party accountable.

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