The Most Frequently Asked Questions About Personal Injury

What is a Personal Injury Case?

A personal injury case is a lawsuit filed by an injured person against the person or entity responsible for the victim's injuries. Initially, a claim may be filed with an insurance company, which can be settled out of court without the need to file a lawsuit.

Personal injury cases may be a result of:

• Motor vehicle accidents

• Uber and Lyft accidents

• Truck accidents

• Motorcycle accidents

• Bicycle accidents

• Pedestrian accident

• Slip and fall (and other premise liability accidents)

• Construction accidents

• Workplace accidents

• Medical malpractice

• Wrongful death

• Brain injuries

• Defective products

• Dog bites

How Much is a Personal Injury Claim Worth?

There are many factors that could affect how much a claim is worth, which include:

• The amount of medical expenses

• Whether you are expected to make a full recovery and how long that will take

• How long you missed work and whether you can return to the same job

• How much lost wages you incurred

• Whether you were injured on the job and are covered by Workman's Compensation

• The extent to which other people depend on your income

• The value of any applicable insurance policies

Some cases are worth thousands, while others are worth millions. An experienced attorney will work to get you the maximum financial award possible based on the circumstances of your case.

What Compensation Can I Get in a Personal Injury Case?

In personal injury cases, lawyers often seek two general categories of damages for their clients: economic and non-economic damages.

Economic damages cover direct financial losses incurred as a result of your accident. These include:

• Medical bills

• Lost wages

• Decreased earning capacity

• Home medical equipment

• Physical therapy

• Property damage

• Medication

• Out-of-pocket expenses related to your accident

Non-economic damages, often referred to as "pain and suffering," can include compensation for:

• Physical pain

• Disability or disfigurement

• Loss of enjoyment of everyday activities

• Loss of ability to participate in family responsibilities, such as housekeeping, childcare, etc.

• Anxiety or depression

• Post-traumatic stress disorder

What is the deadline for filing a Personal Injury Lawsuit in California?

You must file a personal injury or wrongful death lawsuit within two years of your accident in California. However, there are some exceptions, an example of which are:

• If a government entity was responsible for your injury, you'll only have six months to file an administrative claim with the appropriate agency.

• If the case is a medical malpractice case and you were injured due to the negligence of a medical provider, you'll have either three years from the date of the injury or one year from the date you discovered the injury, whichever occurs first.

It's best to seek the advice of an experienced attorney as soon as you discover your injury.

If I Was At Fault for an Accident, Can I Still File a Personal Injury Case?

Yes, in most cases. Shared fault can be complicated, so always consult a good personal injury lawyer if you think you were partially to blame.

California follows a pure comparative fault rule for shared liability. If you were the party at fault for your injury, your award will be reduced accordingly. For example, if a judge or jury determines that you were 25% responsible for the accident, your award will be reduced by 25%.

How Long Does a California Personal Injury Case Take?

There is no way to accurately say how long a personal injury case might take. Some cases settle relatively quickly, but it could take months before the settlement money is in your bank account. Here are some reasons why:

• Multiple parties are involved

• The severity of your injuries

• Whether the defendant is a large company

• Whether the insurance company offers a fair settlement

• Whether there are disputes about the facts or the law in the case

If you suffer serious injuries, you may need to go through several steps of medical treatment before doctors can give an opinion on your long-term prognosis.

If multiple parties or a big corporation are fighting your case, it may use delaying tactics or a more complicated settlement process. Getting the maximum amount that you deserve takes time.

If you are struggling financially, let your lawyer know. They can often negotiate with medical providers to put on hold due dates for your bills while your case is pending.

How Much Does a California Personal Injury Lawyer Cost?

Most personal injury lawyers work on contingency -- they don't charge you anything unless they obtain a financial award for you through a settlement or a trial verdict. They'll collect their fee after your case as a percentage of whatever you were awarded. Generally, contingent fees are between 1/3 to 40% of the total compensation awarded in your case. This contingent fee arrangement means that you won't have to pay any legal fees up front.

Since consultations are free, it's recommended that you at least talk to an attorney who can assess your case and injury and let you know if a claim should be pursued.

Book a Free Consultation with a Personal Injury Lawyer

Find out what your case is worth.