FREQUENTLY ASKED QUESTIONS

Answers to the questions we hear most often from clients across Santa Clarita, Valencia, Canyon Country, Saugus, Newhall, Castaic, Stevenson Ranch, and the greater Santa Clarita Valley. If your question isn't answered here, call or text — we're happy to talk through your specific situation.

Getting Started After an Accident

What should I do immediately after an accident in California?

Seek medical attention first, even if injuries seem minor — some injuries, like whiplash or internal trauma, aren't immediately obvious. Then report the incident to the appropriate authority (police for a car accident, a property owner or manager for a slip and fall), document the scene with photos, get witness contact information, and avoid giving a recorded statement to any insurance company before speaking with an attorney.

Do I need a personal injury lawyer for my case?

You're not legally required to hire one. A 2014 Insurance Research Council study found that claimants represented by an attorney recovered roughly 3.5 times more, on average, than unrepresented claimants — though every case is different, and for very minor property-damage-only matters, legal representation may not be necessary at all.

What does a free consultation actually involve?

It's an opportunity to explain what happened, ask questions, and get an honest assessment of whether you have a viable claim — with no obligation and no upfront cost to you.

What is a personal injury claim, and how is that different from a lawsuit?

A claim is a demand for compensation, typically made to an insurance company, before any lawsuit is filed. If the claim can't be resolved and the statute of limitations hasn't run, a lawsuit may then be filed in court. Most personal injury matters resolve as claims and never become lawsuits.

Deadlines and Statutes of Limitations

What is the statute of limitations for a personal injury claim in California?

In most cases, two years from the date of the injury, under California Code of Civil Procedure Section 335.1. There are important exceptions — see below.

Are there different deadlines for claims against a government entity?

Yes, significantly shorter ones. Under the California Government Claims Act, a formal claim against a city, county, school district, or other public entity generally must be filed within six months of the injury — not two years. This applies to things like a fall on a public sidewalk, an accident involving a public transit bus, or an injury at a public school.

What if the injured person is a minor?

For most personal injury claims, the two-year statute of limitations is generally tolled (paused) until the minor turns 18. For claims against a government entity, minors generally have until six months after their 18th birthday to file the initial claim — a genuinely different and more generous rule than adults face, though it's still wise not to wait.

Is the deadline different for medical malpractice claims?

Yes. Under Code of Civil Procedure Section 340.5, adult medical malpractice claims generally must be filed within three years of the injury or one year from discovery, whichever comes first. For a minor under six at the time of the injury, the deadline is three years from the injury or before the child's eighth birthday, whichever period is longer — which in practice usually means the eighth birthday for a birth injury case.

Can I still file a claim if the accident happened a while ago?

Possibly, but time matters — both because of the statute of limitations and because evidence (witness memory, video footage, physical evidence) degrades over time. It's worth having your situation evaluated even if you're unsure whether you're still within the deadline.

Fault, Liability, and Comparative Negligence

What if I was partially at fault for the accident?

California follows pure comparative negligence, meaning you can still recover compensation even if you were partly at fault — your recovery is simply reduced by your percentage of responsibility. Unlike some states, there's no cutoff percentage that bars recovery entirely.

Who is presumed at fault in a rear-end collision?

Under California Vehicle Code Section 21703, drivers must maintain a safe following distance, and the rear driver is generally presumed negligent in a rear-end collision. That presumption can be rebutted — for example, if the lead driver stopped suddenly without cause or had non-functioning brake lights.

Who is at fault when a left-turning driver collides with oncoming traffic?

Under California Vehicle Code Section 21801, a driver turning left must yield to oncoming traffic close enough to constitute a hazard. The left-turning driver is generally presumed at fault in this scenario, though the specific facts still matter.

What if I had a pre-existing injury or condition?

California's "eggshell plaintiff" rule holds that a negligent party must take the victim as they find them — meaning a pre-existing but previously manageable or asymptomatic condition that was aggravated by an accident can still support a claim, even though it may be harder to prove without clear documentation of the change.

Compensation and Damages

What types of damages can I recover in a California personal injury case?

Economic damages (medical expenses, lost wages, property damage — sometimes called "special" damages) and non-economic damages (pain and suffering, emotional distress — sometimes called "general" damages). Depending on the facts, non-economic damages can significantly exceed the economic damages in a case.

Can I recover punitive damages?

In limited circumstances. Under California Civil Code Section 3294, punitive damages require showing "malice" — a willful and conscious disregard for others' safety — which goes beyond ordinary negligence. Courts have held, for example, that driving under the influence can meet this standard because it reflects a conscious disregard of the probable dangerous consequences.

Are damages capped in a California personal injury case?

Generally, no — but medical malpractice cases are a significant exception. Under the Medical Injury Compensation Reform Act (MICRA), non-economic damages in malpractice cases are capped; as of 2026, the cap is $470,000 for non-death cases and $650,000 for wrongful death cases, both increasing annually under a phased schedule. Economic damages, including lifetime medical care costs, are not capped.

Should I accept the insurance company's first settlement offer?

Generally, no — a first offer is typically a starting point, not a final number. It's worth having an attorney evaluate any offer before accepting it, since accepting a settlement typically closes out your claim permanently, even if your condition worsens later.

What if the insurance company denies my claim?

You may need to pursue the claim through litigation. Before doing so, it's worth honestly weighing the cost of pursuing a lawsuit against the likely recovery — sometimes the numbers simply don't justify a full lawsuit, and an experienced attorney can help you make that assessment clearly.

Uninsured, Underinsured, and Hit-and-Run Situations

What if the at-fault driver has no insurance?

Your own uninsured motorist (UM) coverage, if you have it, is often the primary path to compensation. As of 2025, California's minimum liability requirements are $30,000 per person and $60,000 per accident — better than the old $15,000/$30,000 minimums, but still often insufficient for a serious injury, which is exactly why UM coverage matters.

What if the at-fault driver is underinsured?

Underinsured motorist (UIM) coverage under your own policy can provide additional compensation beyond what the at-fault driver's insurance covers, up to your UIM policy limits.

What should I do after a hit-and-run accident?

Gather as much information as possible about the fleeing vehicle, report the accident to police immediately, and notify your own insurance company promptly — UM claims often have policy-specific reporting deadlines separate from the general statute of limitations.

Specific Situations

What if I was injured at work?

You're likely entitled to workers' compensation benefits regardless of fault. If a third party other than your employer — a contractor, equipment manufacturer, or another driver — contributed to your injury, you may also have a separate personal injury claim in addition to workers' comp.

What if I was injured by a defective product?

You may have a product liability claim against the manufacturer, distributor, or retailer. California's strict liability doctrine generally means you don't need to prove negligence — only that the product was defective and caused your injury. It's important to preserve the product itself for investigation whenever possible.

What if I was injured on someone else's property?

Property owners have a legal duty to maintain reasonably safe conditions and to address known hazards. If they failed to do so and you were injured as a result, you may have a premises liability claim.

Can I sue a government entity for a personal injury?

Yes, but the process is different — a formal claim generally must be filed within six months under the California Government Claims Act, well short of the standard two-year deadline for private parties.

What if I don't have health insurance and can't afford medical care after an accident?

Some medical providers will treat patients on a "lien" basis, meaning they defer payment until your case resolves and are paid out of your settlement. This can help you get needed care, but it's important not to let medical bills exceed the realistic value of your case — an attorney can help you think through this before treatment escalates. If you have Medical Payments (MedPay) coverage on your own auto policy, that can also help cover a portion of your bills regardless of fault.

Frequently Asked Questions

How long does it take to settle a personal injury case in California?

It depends heavily on the complexity of the case, the number of parties involved, whether liability is disputed, and the extent of your medical treatment. Some cases resolve in a matter of months; more complex or contested cases can take considerably longer.

Does my case have to go to trial to get compensation?

No — the substantial majority of personal injury cases settle without a trial. Litigation and trial remain options when a fair settlement can't be reached, but they're not the typical outcome.

What evidence do I need to support my claim?
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Medical records, accident or police reports, witness statements, photographs of the scene and your injuries, and documentation of your financial losses (medical bills, lost wages) are typically central. In some cases, expert testimony is also needed to connect the injury to the incident or to establish the full extent of your damages.

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