Frequently Asked Questions

A personal injury claim is a legal case filed when someone is injured due to another party's negligence or wrongful conduct. These claims seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the injury.

In California, the statute of limitations for most personal injury claims is 2 years from the date of injury. However, there are exceptions. Claims against government entities have a 6-month deadline, and some cases involving minors or delayed discovery of injuries may have different timeframes. It's crucial to consult an attorney promptly.

While you can handle a claim yourself, studies show that injury victims represented by attorneys typically receive significantly higher settlements. An attorney understands the true value of your claim, can negotiate effectively with insurance companies, and will fight for maximum compensation.

Most personal injury attorneys work on a contingency fee basis, meaning attorney fees may be deferred until compensation is recovered under a written fee agreement. The attorney only gets paid if you win, typically receiving 33-40% of the settlement. The written fee agreement explains fee percentages, cost advances, and repayment terms..

You may recover economic damages (medical bills, lost wages, property damage), non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life), and in some cases, punitive damages designed to punish particularly reckless behavior.

First, check for injuries and call 911 if needed. Move to safety if possible, exchange information with other drivers, document the scene with photos, get witness contact information, report the accident to police, and seek medical attention even if you feel fine. Do not admit fault or discuss the accident with insurance companies without consulting an attorney.

California uses a "pure comparative negligence" system. Fault is determined by examining evidence including police reports, witness statements, traffic camera footage, and accident reconstruction. Even if you are partially at fault, you can still recover damages, reduced by your percentage of fault.

If you were hit by an uninsured driver, you may be able to file a claim under your own uninsured motorist (UM) coverage. This coverage is required to be offered in California and provides protection when the at-fault driver cannot pay for your damages.

Generally, no. First offers from insurance companies are typically much lower than the true value of your claim. They hope you'll accept quickly before understanding the full extent of your injuries. Consult with an attorney to evaluate whether an offer is fair.

Settlement timelines vary widely depending on injury severity, liability disputes, and insurance company tactics. Simple claims may settle in a few months, while complex cases can take 1-2 years or longer. Reaching maximum medical improvement before settling is important to ensure all damages are accounted for.

You should seek medical attention within 24-72 hours of an accident, even if you feel fine. Some injuries like whiplash, concussions, or internal bleeding may not show symptoms immediately. Prompt medical documentation also strengthens your legal claim.

During your case, medical bills may be paid through your health insurance, MedPay coverage on your auto policy, or through liens where medical providers agree to be paid from your settlement. Your attorney can help coordinate medical bill payment options.

Unfortunately, once you sign a settlement agreement, you typically cannot seek additional compensation even if your condition worsens. This is why it's critical to wait until you reach maximum medical improvement and fully understand your prognosis before settling.

You have the right to see your own doctors. Insurance companies may request an "independent medical examination" (IME), but these doctors work for the insurance company. Always maintain treatment with your own physicians and follow their recommendations.

California follows the "eggshell plaintiff" doctrine, meaning defendants must take victims as they find them. If an accident aggravates a pre-existing condition, you can recover damages for that aggravation. The insurance company cannot deny your claim simply because you had prior medical issues.

You should not give a recorded statement to the at-fault party's insurance company without consulting an attorney first. These statements can be used against you to minimize or deny your claim. You are generally not legally required to provide one.

Insurance claim denials can be appealed, and you may have grounds for a bad faith insurance lawsuit if the denial was unreasonable. An attorney can review the denial, gather additional evidence, and pursue legal action if necessary.

Insurers use software programs that often undervalue claims. They consider medical expenses, lost wages, and use multipliers for pain and suffering. However, these calculations frequently minimize human factors. An experienced attorney understands how to counter these tactics.

A demand letter is a formal document sent to the insurance company outlining the facts of your case, your injuries, treatment, and the compensation you are seeking. It initiates the negotiation process and is typically prepared by your attorney.

If the at-fault party's policy limits are insufficient to cover your damages, you may pursue your own underinsured motorist coverage, look for other liable parties, or in some cases, pursue the at-fault driver's personal assets.

Less than 5% of personal injury cases actually go to trial. Most cases settle through negotiation. However, having an attorney willing and able to take your case to trial often results in higher settlement offers.

Case value depends on many factors including injury severity, medical expenses, lost wages, pain and suffering, long-term impacts, and available insurance coverage. An experienced attorney can evaluate your specific situation and provide a realistic estimate.

At trial, both sides present evidence and arguments to a jury or judge who decides liability and damages. While trials involve more time and uncertainty, they can result in higher awards when insurance companies refuse to offer fair settlements.

If your case goes to trial, you will likely need to testify about the accident and your injuries. In most cases that settle, your testimony may be limited to a deposition (recorded statement under oath). Your attorney will prepare you for any testimony required.

After signing a settlement agreement, you typically receive your check within 2-6 weeks. This time allows for paperwork processing, check issuance, medical lien payments, and attorney fee deductions.

Whiplash is a neck injury caused by rapid back-and-forth motion, common in rear-end collisions. Symptoms include neck pain, stiffness, headaches, and dizziness. Treatment typically involves physical therapy, pain medication, and in severe cases, injections or surgery. Recovery can take weeks to months.

Traumatic brain injuries are proven through medical imaging (CT scans, MRIs), neuropsychological testing, symptom documentation, and expert testimony. Even "mild" TBIs like concussions can have serious long-term effects requiring significant compensation.

Back injury settlements vary widely from $10,000 for minor strains to over $1 million for severe spinal cord injuries causing paralysis. Herniated discs typically settle for $50,000-$150,000 depending on treatment required and long-term impacts.

Yes, psychological injuries including PTSD, anxiety, and depression are compensable in California. These claims require documentation from mental health professionals and evidence showing the psychological impact resulted from the accident.

Permanent injuries significantly increase claim value because they affect your future earning capacity, require ongoing medical care, and cause lasting pain and suffering. Life care plans and expert testimony help document these long-term damages.