Frequently Asked Questions Regarding California Personal Injury Cases
If you’ve recently been involved in a personal injury incident, such as a car accident, pedestrian accident, dog bite, slip and fall, or other, you may be feeling stressed, overwhelmed, and confused on what to do next.
When beginning research on the best personal injury lawyer near you, you may have a lot of questions. The world of personal injury cases is often unfamiliar to many, and getting started with the process can feel daunting. That’s why below we’ve laid out some of the most frequently asked questions regarding personal injury cases and the process of hiring a lawyer. We hope by doing so you’ll feel more confident in the next steps you need to take, so you can get the justice you deserve for your injury.
1. What kind of cases does a personal injury lawyer handle?
Most personal injury lawyers handle car accidents, pedestrian accidents, truck accidents, bicycle accidents, slip and falls, premises liability, product liability, childhood sexual abuse, and more. However, when searching for an injury attorney, it’s important to look over their website thoroughly to see what their practice areas are – not all attorneys will handle the same case types.
2. What is calculated in a typical personal injury settlement?
A typical personal injury settlement includes settlement amounts accounting for medical bills, loss of wages and earnings, property damage, and pain and suffering.
3. What if I don’t have auto insurance? Will I still have a case?
As an uninsured driver, you still qualify for compensation of medical bills, loss of wages and earnings, and property damage. You don’t qualify for pain and suffering. Please keep in mind that liability auto insurance is required by law in California, and having it ensures you qualify for pain and suffering, in the event you are injured by another person in an accident.
4. What is the minimum auto insurance liability policy required in California?
The minimum liability bodily injury coverage required in the state of California is a 15/30 policy. This means you have $15,000 per person, up to $30,000 total per accident, in bodily injury coverage for others (not yourself).
5. What happens if the defendant in an accident has no insurance?
For a car accident or pedestrian accident case, you must have UM/UIM (uninsured and underinsured motorist coverage) on your own car insurance policy, in order to pursue a settlement in a case where the defendant has no insurance. If not, then unfortunately there is no claim to pursue, and an attorney cannot assist you.
6. How is compensation distributed to multiple victims of an accident?
The carrier will consider each victim’s claim separately and make a settlement offer based on the severity of injuries and related costs for each victim. Thus, in a case with multiple injury victims, no one person will be able to receive the full settlement amount, it will be divided based on injuries and costs.
7. What is the difference between Pre-Litigation and Litigation?
Pre-litigation is a case before filing a lawsuit, and litigation is when a lawsuit has been filed. Many personal injury cases can be settled during pre-litigation, without having to file a lawsuit and going to court.
8. How much money can I get from a settlement?
It all depends on the policy limits of the at-fault party, injuries, and specific circumstances surrounding your case. Most personal injury attorneys will not even give you a ballpark estimate of what they think you can recover until they investigate policy limits, you finish medical treatment for your injuries, and they receive all of the costs related to your injury case.
9. Is a personal injury settlement taxable?
The fast and easy answer is no. Generally, a settlement from a personal injury case is not considered income in California, and will not be taxed. However, a settlement is subject to attorney’s fees, other costs, and outstanding liens prior to being disbursed to the client.
10. The insurance company is saying it’s my word against theirs. What can I do?
In any car accident, there is the possibility that it will be your word against the other party’s in regards to what happened, and who is at fault. That is why it is always wise to have the police come out and make a report after an accident. If there were any third party witnesses to the accident, take down their information as well if you are able to. Without these two things, it may be difficult to establish clear liability. Your attorney can only do so much when it comes to establishing liability; in fact, most will need to know from the beginning whether you are being placed at fault or not, in order to assist.
11. I was injured in an accident, but didn’t get any medical treatment. Would I still have a case?
If you were injured in an accident and did not seek any medical treatment for several weeks or more, that would complicate a personal injury case. Though you may have had what you feel is a valid reason for not seeking treatment, the insurance company would wonder how injured you truly are if you did not receive any medical treatment, and likely would not want to pay out on a bodily injury claim without seeing medical records and bills. However, we recommend still calling a personal injury attorney regardless, as all cases are different. If the accident was not long ago, we can help you get treatment for your injuries. Keep in mind though that if you are injured, whether you hire an attorney or not, it is important to get treatment in a timely manner, so that you don’t have lifelong complications.
12. How long does a personal injury case take?
A personal injury case can take anywhere from a few months to several years. It all depends on the unique facts and circumstances of each and every case. While a skilled personal injury lawyer will try to move a case along and close it out as quickly as possible, they may also opt to take more time on a case if that is what is required to get their client a better settlement (in these cases, negotiating may take a few months, or a lawsuit may need to be filed, which can extend the case by several months).
13. What is the statute of limitations for filing a personal injury claim?
It depends on the case type, as each case type may have a different statute. For example, the statute of limitations for a car accident in California is 2 years. This means that you have 2 years from the date of incident to file a claim/lawsuit. Understanding the time limit for filing a claim is crucial, as missing the deadline could result in losing the right to pursue compensation. If you have a question regarding the exact statute in your case, please feel free to give us a call.
14. Should I accept the insurance company’s settlement offer?
Before a client hires an attorney to represent them, the client may receive a settlement offer from the insurance company early on. Insurance companies often try to settle cases early on, before clients learn the true value of their case with the help of an experienced attorney. These are often low-ball offers that don’t do justice to the magnitude of your injuries. Before accepting the insurance company’s initial settlement offer, we recommend you consult with an attorney to ensure you’re getting the most just settlement for your case.
15. What evidence do I need to strengthen my case?
Evidence that helps strengthen your case includes items such as medical records, witness statements, and documentation of expenses. In the beginning of your case, it’s important to record anything and everything that may be relevant to the incident, and share this information with your attorney.
16. Will I have to go to court?
Many clients are concerned about the possibility of a trial, and having to appear in court and testify. We try to settle a vast majority of our cases before we have to go to court, but if the defense is not offering a fair and just settlement, we will take your case all the way through to trial to get you what you deserve. Of course, we will keep you in the loop about every development, so that you are on board.
17. How much will it cost to hire a personal injury attorney?
Most, if not all, personal injury attorneys operate on contingency fees, which means you don’t pay unless they get you a settlement. Once a settlement is reached, the attorney will take their fees directly from it, so you don’t need to pay anything out of pocket. Fees may vary by attorney, so it’s important to speak with several and find the right fit for you – but keep in mind that with attorneys, as with most things in life, you get what you pay for.
18. Can I still pursue a claim if I was partially at fault for the accident?
You can, so long as you were not more than 50% at fault for the accident. If you are deemed more than 50% at fault for the accident, you cannot recover anything. In California, this is called comparative fault, or comparative negligence.