Determining whether you have a personal injury case depends on several factors, including the type and severity of your injury, the circumstances surrounding the incident, and the extent to which another party may be legally responsible for your injury.

In any personal injury case, you typically need to show that someone else was negligent or otherwise at fault for your injury. This could include a driver who caused a car accident, a property owner who failed to address hazardous conditions, or someone who provided substandard care.

In addition to establishing fault, you will need to show that you suffered damages as a result of your injury. These damages can include medical expenses, lost wages, pain and suffering, and other losses associated with your injury.The best way to determine whether you have a valid personal injury case is to consult with an experienced personal injury attorney.

They can review the specifics of your case, investigate the incident, and determine whether you have a strong case. Keep in mind that there are often time limits for filing personal injury claims, so it’s important to speak with an attorney as soon as possible after your injury.

In California, the statute of limitations for personal injury claims is generally two years from the date of the injury or accident. This means that if you do not file a lawsuit within two years of the injury, you may lose your right forever.

However, there are exceptions to this rule, such as cases involving government agencies or minors. Generally, claims against government entities may have shorter deadlines, as short as six months from the injury and require specific written notice requirements.

It is important to speak with a personal injury attorney as soon as possible to determine the specific deadlines that apply to your case and ensure that your rights are protected. Failing to file a claim within the statute of limitations can result in the loss of your right to seek compensation for your injuries.

The amount of compensation you can expect to receive for your injuries will depend on the severity of your injuries, the amount of insurance coverage available, the impact the injuries have had on your life and your loved ones and your expenses.

Probably not. Approximately 90-95% of personal injury cases in California are settled out of court, with only a small percentage going to trial. This is because settling out of court is often less time-consuming and less expensive than going to trial, and it allows both parties to have more control over the outcome of the case.

Almost all personal injury lawyers work on a “contingency fee.” A contingency fee is a payment
arrangement between a personal injury lawyer and their client in which the lawyer’s fee is contingent on the outcome of the case. Which means that the lawyer’s fee is only paid if the client receives a settlement or award in their case. In a contingency fee arrangement, the lawyer agrees to represent the client without requiring payment upfront. Instead, the lawyer’s fee is calculated as a percentage of the total settlement or award amount, typically ranging from 25 to 50 percent, depending on the complexity of the case.

If the client does not receive a settlement or award, the lawyer is not paid. However, the client may still be responsible for certain costs and expenses related to the case, such as court fees or expert witness fees, regardless of the outcome of the case.

It is important to collect as much evidence as possible as soon as possible after the accident while the details are still fresh in your mind.

Here are some types of evidence that you should try to collect:

Photos and videos: Take photos or videos of the accident scene, your injuries, and any damage to vehicles or other property.

Eyewitness testimony: Get contact information for any eyewitnesses to the accident and ask them to provide a statement about what they saw.

Police report: If the police were called to the scene, get a copy of the police report.

Medical records: Collect all medical records and receipts related to your injuries, including doctor’s notes, test results, and bills.
Lost wages and other expenses: Keep track of any lost wages or other expenses related to the accident.

Vehicle information: If it was a car accident, get information about the make, model, and
license plate number.

Insurance information: Get the name and contact information for the other driver’s insurance company.

If the other party’s insurance company contacts you, it’s important to remember that their goal is to
settle the case for the lowest amount possible. Therefore, you should be cautious about speaking with them and avoid discussing the details of the accident or admitting fault. And remember, you can refuse to give a “recorded” statement.

Yes, it is possible to receive compensation for damages even if you were partially at fault for the accident under California’s comparative fault system. California uses a pure comparative negligence system, which means that a person’s compensation is reduced by their percentage of fault for the accident. For example, if you were found to be 20% at fault for the accident and your damages were assessed at $100,000, you would be able to recover $80,000 in damages ($100,000 – 20%). It’s important to consult with a personal injury attorney to better understand how your partial fault may affect your claim.

Personal injury cases can settle anytime between the time of the accident and several years. Insurance companies are more willing to settle depending on the facts of the case and the severity of the injuries. Personal injury cases that involve more serious injuries and higher damages are more likely to take longer to settle.

It is important to note that while some cases may settle quickly, it is important not to rush the process and to ensure that all medical treatment has been completed and the full extent of the damages has been determined before entering into settlement negotiations.

Yes, you can receive compensation for emotional distress in California as part of a personal injury claim. Emotional distress is considered a form of non-economic damages, which are intended to compensate you for the psychological and emotional impact of the injury.
In California, non-economic damages can include compensation for a range of emotional and
psychological harms, such as pain and suffering, mental anguish, anxiety, depression, humiliation and loss of enjoyment of life.

In a personal injury claim, the plaintiff may be able to recover various expenses and losses that theyincurred as a result of their injury. These may include:

Medical expenses: This caninclude past, present, and future medical expenses related to the injury, suchas hospital bills, doctor visits, physical therapy, and medication costs.

Lost wages: If the plaintiff was unable to work due to their injury, they may be able to recover lostwages,including future lost wages if they are unable to return to work.

Property damage: If the injury resulted in damage to the plaintiff’s property, such as a vehicle in a caraccident, they may be able to recover the cost of repairs or replacement.

Pain and suffering: This includes physical and emotional pain and suffering resulting from the injury, suchas chronic pain, depression, anxiety, and loss of enjoyment of life.

Loss of consortium: If the injury affects the plaintiff’s relationship with their spouse, they may be able torecover damages for loss of consortium.

Punitive damages: In some cases, the plaintiff may be able to recover punitive damages, which aremeant to punish the defendant for particularly egregious behavior.

Your personal injury compensation may include both economic and non-economic damages.

Economic damages are the financial losses that you have incurred or are likely to incur in the future as a result of your injuries. These may include medical expenses, lost wages, and property damage that can be calculated based on real data.

Non-economic damages are the personal losses that you have suffered as a result of your injuries. These may include your pain and suffering, emotional distress, grief, humiliation and loss of enjoyment of life.

In California, there is no cap on the amount of compensation that can be awarded in a personal injury case. However, the specific amount of compensation you may receive will depend on the specific circumstances of your case such as insurance and your injuries.

To determine the potential value of your personal injury case, it’s important to consult with an experienced personal injury attorney. They can evaluate the facts of your case, review your medical records, and help you understand your options. They can also provide you with an estimate of the potential value of your case and help you negotiate a fair settlement with insurance companies or other parties involved.

All California drivers are required to have liability insurance, unfortunately, not all drivers follow this law. If the at-fault party does not have insurance, the injured party may be able to file a claim with their own insurance company if they have uninsured or underinsured motorist coverage. This coverage can help compensate for damages and injuries caused by an uninsured or underinsured driver.

Alternatively, the injured party may need to pursue legal action against the at-fault party to recover
compensation for their damages. However, even if a court awards a judgment against the at-fault party, it can be difficult to collect payment if they do not have insurance or assets to cover the damages.

If you are injured in an accident and do not have insurance in California, you may still be able to receive compensation for your damages. However, you may be responsible for paying for your own medical bills and other expenses related to the accident.

If the other driver is at fault, you may be able to pursue a claim against their insurance policy. If they do not have insurance, you may be able to seek compensation through a personal injury lawsuit or file a small claims action against the at fault driver

If you are injured in an accident and do not have insurance in California, you may still be able to receive compensation for your damages. However, you may be responsible for paying for your own medical bills and other expenses related to the accident.
If the other driver is at fault, you may be able to pursue a claim against their insurance policy. If they do not have insurance, you may be able to seek compensation through a personal injury lawsuit or file a small claims action against the at fault driver.

Proposition 213, also known as the Limitations on Recovery to Felons, Uninsured Motorists, and Drunk Drivers Initiative, is a California law that limits the ability of certain individuals to recover damages in a personal injury lawsuit. Under Prop 213, if a driver is found to be operating a motor vehicle without valid insurance coverage, they may be prohibited from recovering non-economic damages in a personal injury lawsuit. Non-economic damages refer to damages, such as pain and suffering or emotional distress. The law applies to all drivers, including those who are not at fault for the accident.

However, Proposition 213 does not affect an individual’s ability to recover economic damages, such as medical expenses or lost wages, regardless of whether they were driving without insurance or a convicted felon. It is important to note that Proposition 213 only applies to individuals seeking damages in a personal injury lawsuit. It does not affect an individual’s ability to seek compensation through their own insurance policy or through the insurance policy of the at-fault party.

You have several options. One option if you hire a personal injury attorney, they may be able to help you find other options for covering your medical bills. For example, they may be able to negotiate with your medical providers to reduce the amount you owe or to delay payment until your case is resolved.

Additionally, if your case settles or goes to trial, your attorney can help ensure that your medical bills are paid out of any settlement or judgment you receive.

Using your own your own health insurance. If you have health insurance, this can be a good option since it can help you get medical care without having to worry about how you’ll pay for it. However, keep in mind that your health insurance company may require you to reimburse them out of any settlement or judgment you receive in your personal injury case.

Another option is to use medical payments coverage (also known as MedPay) if you have it as part of your own auto insurance policy. MedPay is optional coverage that pays for medical expenses for you and your passengers regardless of who is at fault in an accident. Keep in mind that like health insurance, your auto Insurance company may require reimbursement from any settlement or judgment you receive.

If you don’t have health insurance or MedPay coverage, you may be able to work with your medical
providers to arrange a payment plan or to delay payment until your personal injury case is resolved.
Some medical providers are willing to do this, especially if they know that you have a pending injury
claim.

If you are not satisfied with the settlement offer presented by the at-fault party or their insurance
company, you have several options.

First, you can negotiate with the insurance company or their representatives. You can provide additional evidence or information that supports your claim for higher compensation. You can also hire an experienced personal injury attorney to handle negotiations on your behalf.

A skilled attorney may have a better chance of securing a more favorable settlement offer. If negotiations do not yield a satisfactory result, you may choose to pursue a lawsuit against the at-fault party. Filing a lawsuit can be a complex and time-consuming process, but it may be necessary to achieve the compensation you deserve. A personal injury attorney can advise you on the merits of your case and help you decide whether pursuing a lawsuit is the best course of action.

Hiring a personal injury attorney can provide significant benefits to an injured person. If you have severe injuries, it would serve you best to hire a personal injury attorney because attorneys have experience working with insurance adjuster and defense lawyers to make sure you receive all of the compensation you deserve.

Many times insurance companies low ball injured parties and do not offer reasonable compensation when they should.
If the accident is disputed or liability becomes an issue, you should hire a personal injury attorney.

When the type and amount of insurance coverage available does not fully compensate you, you can hire a personal injury attorney. If the other party is uninsured or underinsured, your only means to pursue compensation may have to be a lawsuit.
At the end of the day, you will want to work with a personal injury attorney who you trust and who
communicates effectively.

If you have a question that’s not included here, please don’t hesitate to reach out directly! One of our Injury Attorneys will be here at your convenience!