Whether you’ve been hurt in a car accident, slip and fall, or any other type of incident, our experienced personal injury attorneys will work to help you secure the compensation you deserve.
Contact our office at (661) 917-2224 for a free, no-obligation consultation. There are no fees unless we win your case.
To help you understand the legal process, we’ve answered some of the most frequently asked questions about personal injury claims in California. Please keep in mind that this information is general in nature and should not be considered legal advice. Every case is unique, so it's important to contact us directly to discuss the specifics of your situation.
What is a personal injury claim?
A personal injury claim arises when someone suffers harm due to an accident or negligence, and another party may be legally responsible for that harm. A claim typically starts by negotiating with the at-fault party’s insurance company. If a settlement isn’t reached, the case may progress to a personal injury lawsuit. In such a lawsuit, the injured party (plaintiff) seeks compensation for their losses, which may include medical expenses, lost wages, and pain and suffering.
How much does a personal injury lawyer cost in California?
In California, personal injury lawyers commonly work on a contingency fee basis. This means they only get paid if you win your case or reach a settlement. The fee is typically a percentage of the settlement or court award, ranging from 33% to 45%. The percentage may increase if the case goes to trial. Additionally, there may be expenses for litigation, such as court fees, expert witnesses, or investigation costs, which are often deducted from the final settlement.
What should I do immediately after an accident?
After being involved in an accident, the first and most crucial step is to seek medical attention, even if you don’t feel injured right away. Some injuries may take time to manifest. Document the accident by taking photos of the scene, gathering contact information from witnesses, and keeping a record of any expenses related to the incident. You will also need to notify your insurance company quickly - but avoid making detailed statements before consulting a personal injury lawyer. An experienced attorney can guide you through the process and help protect your legal rights.
How long do I have to file a personal injury claim in California?
The statute of limitations for most personal injury cases is two years from the date of the injury. This means you have two years to file a lawsuit, or you may lose your right to seek compensation. However, there are some exceptions. For instance, if your claim involves a government entity, you may have as little as six months to file a formal claim. It's critical to consult with a personal injury attorney as soon as possible to ensure you meet all deadlines.
What types of compensation can I receive in a personal injury case?
In a California personal injury case, you can receive both economic and non-economic damages. Economic damages cover financial losses, including medical bills, lost wages, rehabilitation costs, and property damage. Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may be awarded if the defendant’s conduct was particularly reckless or malicious. Punitive damages are designed to punish the defendant and deter similar behavior in the future, though they are less common.
What happens if I'm partially at fault for the accident?
California follows a "comparative negligence" rule, which means that even if you are partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your total compensation will be reduced by 20%. So, if your claim is worth $100,000, you would receive $80,000 after accounting for your share of the fault. It’s important to work with an attorney to ensure fault is fairly apportioned in your case.
What if the responsible party doesn’t have insurance?
If the at-fault party in your personal injury case doesn’t have insurance, you may still have options. You could file a claim under your own uninsured or underinsured motorist coverage if you have it. In some cases, you may also be able to pursue a lawsuit against the responsible party directly, though collecting damages can be difficult if they don’t have assets. An attorney can help you explore all available avenues for recovery and determine the best course of action based on your situation.
Should I accept the insurance company’s first settlement offer?
It’s generally not advisable to accept the first settlement offer from an insurance company without consulting an attorney. Insurance companies often make low initial offers in the hopes of settling the case quickly and cheaply. A lawyer can evaluate the offer and negotiate on your behalf to ensure that you receive fair compensation for your injuries, medical expenses, lost wages, and other damages.
What if the insurance company denies my claim?
If the insurance company denies your claim, you still have legal options. Your attorney can help you determine whether to appeal the denial or file a lawsuit. Sometimes, an insurance company may deny a claim due to a lack of sufficient evidence, disputed liability, or policy exclusions. Your lawyer will help gather additional evidence, such as expert testimony, medical reports, and accident reconstruction, to strengthen your case and challenge the denial.
What evidence do I need for a personal injury claim?
To support your personal injury claim, you will need to gather strong evidence, including medical records, accident reports, photos of the accident scene, witness statements, and documentation of any financial losses, such as medical bills and lost wages. It’s important to keep detailed records of your injuries and how they affect your daily life, including any pain and suffering or emotional distress. The more evidence you have, the stronger your case will be when negotiating with insurance companies or presenting your claim in court.
What compensation can I receive for a motorcycle accident injury?
If you’ve been injured in a motorcycle accident, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and any future rehabilitation or treatment costs. In some cases, damages may also cover property damage to your motorcycle and any ongoing care you may need due to the severity of your injuries.
How do I know if I have a case for premises liability?
Premises liability cases involve injuries sustained on someone else’s property due to unsafe or hazardous conditions. Common examples include slip and falls, falling objects, or inadequate security that leads to assault. To have a valid case, you must prove that the property owner or occupier knew or should have known about the hazard and failed to take reasonable steps to fix it.
Can I file a wrongful death claim if I lost a loved one in an accident?
If your loved one died as a result of someone else’s negligence or wrongdoing, you might be able to file a wrongful death claim. Wrongful death claims seek compensation for funeral expenses, lost income, and the emotional pain and suffering of the family.
