A percentage of our practice stems from other attorneys. We specialize in trying cases because of our resources and experience. We are often brought in when a case fails to settle. In other situations, a client is directed to us at the outset, and we sign the client to our contract as opposed to that of the referring attorney. No matter when we are brought into a case, we pay referral fees. We work closely with the referring attorney.

Once on the case, we either become sole counsel of record or we become lead counsel. In either situation, we take primary responsibility for strategy, discovery, trial preparation, settlement negotiations, witness-gathering, expert witness procurement, trial, post-trial (including liens), and appeals.

Our referral fees are designed to be competitive with those of the highest quality trial lawyers in the Bay Area. The exact amount, however, varies depending on the amount of input, work and expense contributed by the referring attorney. We stay within the provisions of the California law and the Code of Ethics. We always pay something for the referring attorney’s work. The payment can range in certain situations.

Click on the images below to view some of our testimonials.

Testimonial 1

He was to me a wonderful and great lawyer, and he knows what he’s doing. He’s the kind of person that calms you down, makes you feel comfortable. He tells you something, it makes sense. Then you feel like ‘somebody is with me’. He never gives up for anything. That’s what I like, a lawyer like that, because it looks to me that he is very competent. He explains everything well, and very clear. Before we sign anything, he always explains everything over, and over, and over. And then we feel comfortable that we are not doing anything wrong signing that kind of papers. He’s a great lawyer, to me and to the rest of the family.

Testimonial 2

My experience with Al was really, really good because the first time that I met him he was really kind. My English is not really good, so what he did for me, most of the time he spoke really slowly to me, and he explained to me everything. ‘Antonio, do you understand this? Okay.’ And when I understand everything he feels like ‘Okay, now I feel better.’ Because he always explains everything, really, really good to me. With Al I’m really, really happy because as a lawyer and as a person he is really great for me. What he does he is really perfect and he knows what he’s doing. And that’s what I love him.

Testimonial 3

I’ve been practicing law in San Francisco since 1993, the same year that Al Stoll was admitted to practice law. I can remember going to lawyer’s meetings and hearing other lawyers talk about this new kid, Al Stoll, who would try any case, any difficult case that other lawyer’s didn’t have the courage to try, and take to trial. Al Stoll had the courage to take those cases to trial, and win, against very well-heeled opponents who could out spend him, but they couldn’t out think him. He relies on his raw instinct, his understanding of his clients, his understanding of the law, and his personal charisma, to deliver a really outstanding result for his clients. If you know someone who has been seriously injured, or if you yourself have been seriously injured, and you need a personal injury attorney, Al has what it takes to deliver a great result.

Testimonial 4

Al Stoll was the first attorney that I had ever hired. I was very concerned that he cared about me as a person, and just didn’t care about another case on the books. At that time I was taking drugs because I was given hepatitis by a medical doctor. It was a malpractice lawsuit, which we won I might add. The first deposition occurred in a room that was supposed to be very large, and that room was not available so we went to a smaller room. Opposing counsel had the flu, or a cold. If I were to catch his flu or cold I would have had to cancel my treatments and I would have relapsed with hepatitis. Al Stoll, because there was no other room available, canceled that deposition. Its at that point that I knew, for sure, that he cared more about me, than about just finishing the case. After that, I hired him for two other cases, and he very well represented me.

Testimonial 5

I was in an auto accident where I was rear-ended, and I was very worried about dealing with the insurance company. I hired Al Stoll to take care of the case, and he did a wonderful job dealing with the insurance company. Even after the case was settled and we had the outcome that we wanted, my insurance company tried to get refunded on some medical costs, and Al took care of that. Al Stoll went above and beyond the call of duty representing me in that auto accident case, I was very happy with the outcome.

Testimonial 6

I’m an estate planning attorney in San Francisco, and I’ve been an estate planning attorney for fourteen years. And over the years I’ve had many clients call me with personal injury problems, and they needed a referral to a personal injury attorney. I have had absolutely no problem referring all of my clients to Al Stoll. It is wonderful to have an attorney in the personal injury field that I feel like I can trust with my referrals, and I feel that Al over the years has become a wonderful trial attorney, and it is wonderful to give him a referral anytime, hands down. Thank you, Al, for making my clients so happy.

Testimonial 7

I am a former client of Al Stoll’s. Had an opportunity to work with him on a very complicated, highly difficult, low impact personal injury suit. Al came in and saved the day to take us off to trial. Whereas many weren’t prepared for the difficulties relative to a low impact accident, Al really seemed to have a full understanding, of not only the mechanics as it related to the automobiles, but the potential for devastation physically. Al Stoll did an amazing job of communicated to fourteen individuals just how devastating that can be in someone’s life. And I’m certain that because of his brilliance in the courtroom, that we prevailed. So for me it was an outstanding experience. It was truly an honor to watch Al in the courtroom. Calm, cool, collected, stayed with the facts. Kept it simple. Took the complicated things and made it simple. Took the simple things that were trying to be blown up into smoke and just blew them away. So the jury could really see it and understand what was important, and what wasn’t. Just a real honor to have watched that unfold, and of course get a favorable ruling on it.

Testimonial 8

Albert Stoll really helped me when I was in a time of need. I was injured on my mountain bike, riding down Mt. Tamalpais, in Mill Valley, California. My case wasn’t the biggest case, it was simply a car injuring a bicyclist, a very small incident relative to others. Albert Stoll was kind enough to take my case even though it wasn’t the biggest case he had ever seen, and he was kind enough to give me enough individual attention that I knew I was important to his practice. I never felth any seperation. His phone calls to me were always updates with information that I needed to know, and whenever I called him with an inquiry or question, he usually picked up his phone, believe it or not. He even communicated with me using text messaging. I felt a lot more comfortable with Al than I had with any other attorney. I really felt like Mr. Stoll believed that my problem needed to be resolved. I wasn’t just a number, I wasn’t just another person in his practice, I was a person, and that made me feel good. I felt like a valued person when I was in Al’s practice. I was very pleased with the outcome in my case. The amount that I received in compensation was enough to pay my medical bills, as well as enough to provide myself with new equipment that might have been lost. I would recommend Al Stoll to any other person who would have a personal injury problem because I believe that person would be treated well and with respect.

Testimonial 9

I got hit by a white Ford pick-up truck, and I got pinned between a wall and the front bumper of the truck, and basically got hit by a drunk driver. Walter Haynes was a good attorney, he was very good, did a very good job. He went into the company building, where they worked at, and he actually got in and took pictures, which was very brave of him, and I liked that a lot, I was like “Wow! He got into it!” So he did a very good job, he took a lot of evidence, and I guess he caught the guys in a lie. They were saying “No, we don’t leave the box open” and all this other stuff, and Walter just busted their bubble. He goes “Hey, look at this picture,” a picture of the box broken – horrible. So that messed up their bubble. And then that “My workers don’t drink,” and Walter went around the side of the building and took pictures of all these empty beer bottles. So that was very impressive, I liked that a lot about Walter, too. When I had to speak out, he explained questions very well to me, so then I was able to answer them, perfectly. I would recommend Walter to other people, because he’s the kind of person that will help make your dreams come true, like “You want to fight this? I’ll help you,” and then it will be completed.

Testimonial 10

The case was done for my son, Ricardo, an accident. He was involved in a one truck automobile accident. I had no problems at all, because they are real nice persons, every single one, even the secretaries. Anybody over in the office treated me like a human being. I don’t got no problem at all. Beautiful people, nice. Answered all my questions. Between 1 and 10, I say ’10′, that means 100% good. Real good. He answered all my questions, that’s the main thing, that’s my point. If he don’t answer something it’s like “what’s going on over here?” No, every question I asked he answered, and I feel that’s the right way. And this case, it resolved, and it was good, real good.

Each day there are over 300,000 riders on the Bay Area Rapid Transit subways. Most are commuters who ride the trains to and from work. Others are residents or tourists looking for fast, efficient and safe travel to popular destinations in the Bay Area. With so many people passing through the BART stations and riding the trains, accidents are bound to happen.

Types of subway accidents in San Francisco

Although subway trains can collide with each other or derail, these types of accidents are rare. The predominant type of subway accident is a slip or fall. The number of riders passing through the subway stations creates wear and tear on stairways and platforms. The volume of people also increases the possibility of liquids being spilled, creating slippery surfaces for those navigating the trains and stations.

BART has the same responsibilities as other property owners for maintaining their properties and for preventing known unsafe conditions on their properties. If you fall on a BART train or in a BART station, you need to prove BART was failing to maintain the property or should have known about and removed the hazard that caused your accident.

Because BART is a municipal entity, there are special time limits for filing a claim for injuries. Those injured on subway trains or subway property only have 180 days from the date of the accident to file a claim with BART.

San Francisco subway injury

If you are injured in a subway accident, there are a few things you can do to help your accident case.

• Call the BART transit police and paramedics to report your injuries.
• Note any defects that contributed to your accident. Water on the floor from leaky pipes, stairway treads that are worn and slippery, or handrails or guardrails that are broken or missing are examples of defects.
• If possible, take pictures to document the accident scene.
• Gather contact information from witnesses of your accident.

All of these actions will help an accident attorney determine if BART is responsible for your injuries.

Contact us

Attorneys at the San Francisco accident law firm of Albert G. Stoll, A Law Corporation have extensive experience in subway accident settlements and lawsuits. We can help you sort out the details of your accident case and file a BART claim within the 180 day timeframe. Contact us today for consultation on your case.

If you are involved in an accident in San Francisco and suffer personal injuries, you may be interested in hiring an accident attorney to help you negotiate a settlement with an insurance company or to file a lawsuit seeking an award of damages. When choosing an accident law firm in San Francisco, there are several things you should evaluate to determine which law firm is the best for your case.

Consult with an accident law firm in San Francisco

Most accident law firms in San Francisco provide free initial consultations with accident victims. In these initial consultations, the San Francisco accident attorney will ask a lot of questions about your accident and injuries to determine if your case has merit. If the accident attorney determines your case is valid, you can ask some questions of your own to determine if the attorney and law firm are a good fit for you.

Evaluation questions to ask

Essentially, you are trying to determine if the accident law firm has the experience and specific knowledge to represent you. Asking the following questions will help you gain the information you need to make a decision:

• What percentage of the law practice is devoted to cases like yours? – Often, accident law firms specialize in specific accident types like slip and falls, truck accidents, or medical malpractice. You want to find a firm that handles a high percentage of cases like yours.

• What specific experience does the attorney have in cases like yours? – You want to find an accident attorney who has extensive experience representing cases just like yours. Ask the attorney to share some of his case history and results with you.

• Does the accident attorney have experience negotiating settlements and litigating verdicts? – Most San Francisco accident law firms have personal injury attorneys who specialize either in negotiating settlements or pursuing trial verdicts. Ask what percentage of cases the law firm settles and what percentage it litigates.

• How will the legal fees be calculated? – It is important to know how much the law firm will be paid and when payment will be due. Each San Francisco accident law firm has its own method of calculating fees, so be sure you know the fee terms for your case.

Contact our San Francisco accident law firm today

Attorneys at the San Francisco accident law firm of Albert G. Stoll, A Law Corporation are happy to answer your questions regarding our firm and lawyers. Contact us today.

If you suffer injuries in a car accident, do you have to file an injury lawsuit in San Francisco?  Can you recover your damages through a Bay Area personal injury settlement?  And does a personal injury lawsuit in the Bay Area allow you to recover more than a settlement?

These are all questions you might have, if you are injured in the Bay Area.  When you are injured by another’s carelessness, California law allows you to recover compensation for your injuries.  To do so, you need to prove the other party’s negligence and substantiate your injuries and expenses.

Bay Area personal injury litigation

Sometimes the negligent party is not insured, your injuries are very severe, or the settlement offer from the insurance company is not acceptable to you.  In these cases, consult with a Bay Area injury attorney about your case.  A lawyer can review your circumstances and advise if filing a Bay Area personal injury lawsuit makes sense.   If you are going to file a lawsuit, be sure to record all the details of the accident, gather witnesses and their contact information, and protect any evidence you may have.

An attorney will draw up paperwork to file a Bay Area personal injury lawsuit and must file it with the court within two years of the accident date.  The parties to the case are notified of the lawsuit and the accident attorneys from both sides begin discovery. During discovery, the attorneys use interrogatories and depositions to collect evidence and information about the facts of the case.

Personal injury settlement in the Bay Area

Once a trial date is set, each personal injury law firm usually begin negotiations for an injury settlement.  In the Bay Area, most personal injury lawsuits settle before they go to court.  However, if a settlement cannot be reached outside of court, the case gets heard by a jury.  The jury provides a decision on fault and will determine the amount of damages to award.

Contact us

Determining fault and measuring the extent of your injuries can be an emotional and complicated process, especially if your injuries are severe.  Albert G. Stoll, A Law Corporation can evaluate your case, negotiate a favorable settlement, and if necessary, file a lawsuit in the Bay Area to recover for your losses.  Contact us now to get the compensation you deserve.

Insurance company claim adjusters and car accident attorneys spend a lot of time gathering information and investigating Bay Area car accidents to determine who is a fault for the accident. The accident investigation is vital to establishing fault and fault is vital to recovering compensation for your injuries. When filing a Bay Area car accident lawsuit, your attorney will have to show four conditions have been met.

Proving fault in a car accident lawsuit in the Bay Area

You were owed a duty of care

The first condition that your attorney must prove is that the other driver involved in the accident owed you a duty. Normally, this condition is easily met because all drivers of vehicles owe a duty of care to other drivers, pedestrians and bicyclists. All drivers also have a duty to follow the rules of the road for the location where they are driving—it is a condition of being granted a driver’s license.

The duty was breached

The second condition to be shown is that a breach of duty occurred in your accident. Your attorney will interview you and the other driver to determine if any rules of the road were broken. Car accident attorneys in the Bay Area will also try to determine if the other driver was distracted or inattentive while driving or if they attempted to avoid the accident. Being able to prove the other driver broke a law, was inattentive, or did not try to avoid the accident shows that there was a breach of the duty owed to you.

The breach caused the accident and resulted in damages

The third and fourth conditions to be met are that the breach of duty caused the accident and that the breach also resulted in measurable damages. So if a driver runs a red light and collides with you, and that collision causes bodily injury and damage to your car, your auto accident attorney will be able to meet the causation and damages conditions of establishing fault.

If you are in a car accident, be sure to keep notes and take pictures of the accident scene. Also collect information from witnesses to substantiate your version of the accident. If you are injured, accept medical attention at the scene of the accident. All of these actions will help your attorney establish your accident case.

Contact us

Attorneys at the San Francisco accident law firm of Albert G. Stoll, A Law Corporation are available to help you establish fault in your auto accident case. Contact us today for a consultation.

Most of us in the Bay Area have injured ourselves in minor accidents around the house, participating in sports, or at work. These accidents and injuries are usually our own fault and we pick ourselves up, dust ourselves off, apply a bandage or two, and go on with our lives. However, some accidents result in severe injuries and are no fault of our own. In these cases, the services of a Bay Area personal injury attorney may be required to recover compensation for our injuries.

Types of injuries requiring a personal injury lawyer

Albert G. Stoll, A Law Corporation has a Bay Area personal injury lawyer who specializes in helping accident victims recover damages for injuries caused by the negligence of others. The types of accidents that are most often caused by others and therefore may need a Bay Area personal injury attorney involved include the following:

• Motor vehicle accidents – car accidents, motorcycle, trucking wrecks and bus accident collisions cause serious injuries every day.

• Pedestrian accidents – walkers, joggers and runners are injured on roadways, crosswalks, and sidewalks.

• Slip and fall accidents – uneven pavement, wet surfaces, poor lighting can all cause injuries.

• Defective products – some products are designed or manufactured with dangerous flaws that cause injuries.

• Bicycle accidents – road conditions, collisions with motor vehicles and defective parts can all cause severe injury to bicyclists.

Bay Area injury lawyers can help

A Bay Area injury attorney is able to help accident victims determine the monetary value of injuries. The accident victim’s age, occupation, standard of living, marital status and injury type can all have an impact on the amount of damages attributed to the injury. Serious injuries can result in medical expenses, lost wages, pain and suffering, and loss of earnings potential. The types of injuries evaluated by personal injury attorneys include:

Contact our personal injury lawyers in the Bay Area

Determining fault and measuring the extent of your injuries can be an emotional and complicated process, especially if your injuries are severe. Albert G. Stoll, A Law Corporation can evaluate your case, negotiate a favorable settlement, and if necessary, file a personal injury lawsuit in the Bay Area to recover for your losses. Contact us now to get the compensation you deserve.

Insurer’s Duty to Defend

Under an insurance policy, an insurance company has two principal obligations. One of those obligations is the insurance company’s duty to defend the insured in the event of a claim within the policy’s coverage. The insurance company’s duty to defend is triggered when the insured gives the insurance company notice of the claim or lawsuit against the insured. The duty to defend an insured is controlled by statute and common law.

The duty to defend requires an insurance company to pay for the defense of the insured in a lawsuit for damages covered under the insurance policy. The insurance company may also have a duty to defend in an administrative proceeding if the insured is subject to an award of damages for the claimant. If the insured wants the insurance company to defend, the insured should notify the company of the suit as soon as possible. Some courts have found the insurance company is not liable for the expenses of the suit incurred before it was notified of the suit and asked to defend it.

The insurance company’s duty to defend could arise if there is the potential that the damages sought in the lawsuit against the insured are covered under the policy. Some courts would require the company to defend only if it is clear from the complaint that the damages sought are covered. Other courts would require the insurance company to review the complaint and the policy to determine whether the damages are covered. Finally, a few courts would require the insurance company to look at any relevant information that would reveal whether covered damages were at issue in the lawsuit.

If an insurance policy gives an insurance company a right to defend, it means that the insurance company has the right to control the defense. The insured is still entitled to have his or her interests properly represented by defense counsel. Defense counsel would be liable to the insured for malpractice in the course of the representation. However, it is the insurance company that hires and pays the counsel and authorizes any settlement of the lawsuit.

Coverage For Employees Operating Vehicles Within the Course of Employment

Vehicles are very important for the conduct of business. From making deliveries to taking employees on sales calls, employers often make vehicles available to employees to use in the course of their employment. Corporate insureds can obtain fleet insurance for motor vehicles from their automobile insurance company. That insurance generally covers injury, damage, or theft of owned or leased vehicles. It also provides coverage to the corporate insured if its employees are involved in an accident while driving a fleet vehicle on company business. A fleet insurance policy will cover a number of vehicles in one policy that are owned or leased by one corporate insured.

Setoffs and Underinsured Motorist Insurance Policies

An automobile insurance policy may contain a set-off clause, which provides that an insured cannot recover bodily injury benefits under both the liability coverage part and the underinsured motorist coverage part of the policy. When an insured fully recovers his or her losses under the liability provision of an automobile insurance policy, the insured could not then seek to recover under the underinsured motorist provision of the same policy.

Drunk Driving Exclusion in Automobile Insurance Policies

Drunk driving or driving while under the influence of alcohol or a controlled substance is illegal. Public policy does not permit a criminal to profit from a criminal act. Commonly, insurance companies include a clause in their automobile insurance policies that prohibit an insured from receiving damages for bodily injuries or death that occurred in an automobile accident caused by drunk driving. A drunk driving exclusion can be a separate clause in the policy or drunk driving could be excluded under the policy’s crime exclusion.

Crashworthiness Issues in Automotive Products Liability Cases

In order to succeed in a products liability action against the manufacturer or seller of a motor vehicle, a plaintiff has to show that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when used for its intended purpose and that the defect caused an accident or similar occurrence, such as a vehicle fire, that resulted in the loss for which the plaintiff seeks to recover damages. Automotive products liability cases may involve allegations that a car or truck was defective in some aspect of the way in which it was designed, in the manner in which its parts were manufactured and assembled into a complete vehicle, or due to a failure to warn the purchaser or user of the vehicle of some danger inherent in its use and operation. Cases involving the doctrine of crashworthiness (which is sometimes referred to as enhanced injury or second collision) constitute a subset of those cases in which it is alleged that a design defect in a vehicle was the cause of the injuries complained of.

Insurer’s Duty to Defend

Under an insurance policy, an insurance company has two principal obligations. One of those obligations is the insurance company’s duty to defend the insured in the event of a claim within the policy’s coverage. The insurance company’s duty to defend is triggered when the insured gives the insurance company notice of the claim or lawsuit against the insured. The duty to defend an insured is controlled by statute and common law.

Crashworthiness Issues in Automotive Products Liability Cases

In order to succeed in a products liability action against the manufacturer or seller of a motor vehicle, a plaintiff has to show that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when used for its intended purpose and that the defect caused an accident or similar occurrence, such as a vehicle fire, that resulted in the loss for which the plaintiff seeks to recover damages. Automotive products liability cases may involve allegations that a car or truck was defective in some aspect of the way in which it was designed, in the manner in which its parts were manufactured and assembled into a complete vehicle, or due to a failure to warn the purchaser or user of the vehicle of some danger inherent in its use and operation. Cases involving the doctrine of crashworthiness (which is sometimes referred to as enhanced injury or second collision) constitute a subset of those cases in which it is alleged that a design defect in a vehicle was the cause of the injuries complained of.

A plaintiff making a crashworthiness claim essentially asserts that because manufacturers know that cars and trucks will be involved in collisions during the ordinary course of their operation, a manufacturer’s failure to design a vehicle so as to provide as much protection as reasonably possible against injury in the event that a collision should take place is itself a defect in the design of the vehicle for which the manufacturer should be held liable. Crashworthiness allegations can involve the physical configuration of the part of a vehicle with which an occupant comes in contact in the course of a collision and its aftermath, or the failure to equip the vehicle with a safety feature that would arguably have prevented or mitigated the injuries received. A court may require a plaintiff making a crashworthiness claim to demonstrate the feasibility of an alternative design that could have been employed in the vehicle in place of the allegedly defective design element.

The law of products liability in the United States, including automotive products liability law, has evolved for more than half a century out of developments in the separate legal systems of the various states rather than out of a single unified body of federal law. (The National Highway Traffic Safety Administration, popularly known as NHTSA, has enacted a body of Federal Motor Vehicle Safety Standards, or FMVSS, with which every new motor vehicle sold in the United States has to comply, and these regulatory standards may play a part in some automotive products liability cases.) While the principles of products liability law in the different states contain many similarities, the legal standards governing crashworthiness claims in automotive products liability cases will vary from state to state.