FREQUENTLY ASKED QUESTIONS

What is a personal injury claim and is that the same as a personal injury lawsuit? 

A personal injury claim is a dispute that starts when someone suffers harm or injury from an accident, and someone else (or an entity) might be responsible for that harm.  Generally, if the claim cannot be resolved, then a lawsuit is filed before the statute of limitations runs out.  The statute of limitations is the time within which a lawsuit must be filed or else the claimant (plaintiff) is forever barred from pursuing their case.

How do personal injury lawyers get paid in California?  How much does it cost? 

In California, personal injury lawyers generally work on a contingency fee which means they only get paid if they win your case or obtain a settlement. Their fee is typically a percentage of the compensation you receive. In most cases, the percentage is about 33% to 45% depending on when the case is settled.  Usually the percentage goes up after a lawsuit is filed and sometime even further if the case goes all the way to a trial.  In some cases, the attorneys will advance the costs for presenting a case. For example, it costs money to take depositions, secure expert witnesses, hire investigators, jury fees, court reporters, exhibits, etc. Those costs are generally deducted from the settlement.  In most cases, lawyers won't be able to take a case if they think they are going to lose money on that case.  After all, attorneys are running businesses intended to turn a profit.

What should I do after being injured in an accident in a personal injury case? 

After being injured in an accident in California, the most important thing is to seek medical attention in a timely manner. Then, gather evidence, document the scene, and contact a personal injury lawyer as soon as possible to learn about all your options. Most personal injury attorneys offer free consultations.

How much is my personal injury case worth in Santa Clarita, CA worth? 

The value of any personal injury case depends on various factors, including the severity of your injuries, the severity of the accident, medical expenses, lost wages, pain and suffering, future medical care (if any), residual injuries or limitations. An experienced attorney can generally help you evaluate your case. In some cases, it may not be worth it.

Do I need a personal injury lawyer for my case? 

While you're certainly not legally required to hire a lawyer for a personal injury case, having legal representation can significantly increase your chances of obtaining fair compensation. Studies have shown that in most cases, having an attorney by your side can increase your case value.  However, that said, there are times when getting a lawyer is not necessary - such as in cases involving only property damage or very minor injuries.

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

The statute of limitations for most personal injury claims is 2 years from the date of the injury. However, there are exceptions, so it's essential to consult with a lawyer to understand your specific situation. This rule is subject to change so always make sure you talk with a lawyer to double-check.

What if I was partially at fault for the accident? 

California follows a comparative negligence rule, meaning you can still recover damages even if you were partially at fault for the accident. However, your compensation may be reduced based on your percentage of fault.  By way of an easy example, let's say your case is worth $100,000 but you were 50% at fault for the accident.  You'd be entitled to $50,000 instead of the full $100,000. 

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

In California, your are entitled to recovery reasonable economic damages (such as reasonable medical expenses and lost wages) and non-economic damages (such as pain and suffering and emotional distress) in a personal injury case.  Sometimes the economic damages are referred to as "special" damages while the non-economic damages are referred to as "general" damages.  Sometimes, the general damages can greatly outweigh the special damages.

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

The time it takes to settle a personal injury case depends on various factors, including the complexity of the case, the number of parties involved in the case, if liability is an issue, the extent of your injuries, your medical treatment journey, and whether the case goes to trial. A lawyer can provide a better timeline based on your specific circumstances.  Some cases resolve in a few weeks or months while others can take up to 3 or 4 years.

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

Yes, in some cases, you may still be able to file a personal injury claim. However, it's crucial to act fast if it's been a long time as the statute of limitations may have expired or crucial evidence may have been lost over time. As a general rule in California, a lawsuit must be filed 2 years after the accident date (that varies in some situations and is subject to change).

What if the insurance company denies my personal injury claim? 

If the insurance company denies your claim, you might have to file a lawsuit against the responsible party who caused the accident/incident. Consulting with a lawyer can help you understand your options.  Remember that lawsuits can be costly, both economically and emotionally.  If a lawsuit is going to cost about $20,000, and all you stand to receive is about the same, it doesn't make sense to file a lawsuit.  If you do file a lawsuit, make sure you do so "eyes wide open." 

Can I sue for punitive damages in a personal injury case? 

Yes, in some egregious and unique circumstances (such as being hit by a drunk driver, or someone deliberately intending to harm you), you might be able to sue for punitive damages. Punitive damages are intended to "punish" the defendant for their conduct.

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

Generally, the first offer is not a final offer.  It's a starting point. It's best to consult with an attorney before accepting the insurance company's first settlement offer. An experienced attorney can help you evaluate the offer and potentially help you negotiate a better settlement.

What if the responsible party doesn't have insurance? 

If the responsible party in your personal injury case doesn't have insurance, you may still be able to recover compensation via other avenues, such as your own uninsured/underinsured motorist coverage (if you have such insurance) or by pursuing a lawsuit against the individual directly (assuming they have assets worth pursuing).

What evidence do I need to support my personal injury claim? 

Simply making a claim is not enough.  You have to provide evidence to support your claim.  You can't just call the insurance company and say, "Hey, give me $100,000!"  To support your claim, you'll need to provide supporting evidence such as medical records, accident reports, witness statements, photographs of the scene, injury photos, perhaps additional expert options, and other documentation of your expenses and losses.

Can I sue a government entity such as a municipality (i.e., a city) for personal injury? 

Yes, you can sue a government entity (for example, a city or municipality) for personal injury, but there are specific procedures and limitations that may  apply. Consulting with a lawyer who has experience handling such claims is a good idea.  In some cases, you have to bring a formal claim within 6 months.

What if the responsible party is underinsured? 

If the responsible party in your California personal injury case is underinsured (doesn't have enough insurance to cover your claim), you might be able to recover additional compensation through your own underinsured motorist coverage or by pursuing other avenues, such as a lawsuit against the individual directly.

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

Yes, you can file a personal injury claim if the accident occurred on property. Property owners (supermarkets, shopping centers, or someone's home) have a duty to maintain safe premises, and if they fail to do so and you're injured as a result, you may have be able to bring a claim for injury.

What should I do if I'm injured in a hit-and-run accident in California? 

If you've been injured in a "hit-and-run" accident, try to gather as much information as possible about the other vehicle. Then, report the accident to the police and contact a personal injury lawyer for assistance. You probably should inform your insurance company of the hit-and-run accident.

What if I was injured while at work? 

If you've been injured at work (or while working outside the workplace), you might be entitled to workers' compensation benefits. There are also some situation when you might be able to pursue a personal injury.  This area of the law can get quite tricky so it might be a good idea to consult with a personal injury attorney and a workers compensation attorney.  Some lawyers handle both areas of law.

What if I was injured by a defective product? 

If you were injured by a defective product, you might be able to pursue the manufacturer, distributor, or retailer for your injuries through a "product liability claim." It's essential to preserve the product for investigation.

How can I get medical care after an accident if I don't have health care insurance?

If you were injured in an accident, you may be concerned about medical bills that will start piling up. I've had some clients tell me they declined an ambulance ride because they knew they couldn't afford it. Even if you have medical insurance, there are scenarios when your co-pays and other incidental expenses can really burden you and your family. I've known some clients who've had to declare bankruptcy as the result of mounting health care bills. 

There are circumstances when you can indeed get medical care from certain doctors who are willing to work on a "lien" basis. That means the doctors will defer their payment. You have to pay them out of your personal injury settlement. However, you need to be careful that your bills don't get too high or they might exceed the true value of your case. If you have $10,000 in medical bills but your case is likely worth $5000, then you might have a problem. Also, technically speaking, you are still on the hook for the bills even if you don't recover anything from the other party. The doctors aren't working for free. Therefore, before obtaining medical care on a lien, make sure you are likely to obtain a recovery that will be sufficient to pay your bills. An experienced personal injury lawyer can guide you. Also, if your personal auto policy had Medical Payments Coverage, that might also help pay for a portion of your medical bills.  It would certainly be worth exploring this additional payment option.
​
​Robert Mansour is a personal injury lawyer in Santa Clarita, CA and can help advise you regarding your case.  He serves the entire Santa Clarita Valley including Valencia, Canyon Country, Saugus, Newhall, Castaic, Stevenson Ranch, and surrounding communities. Call Santa Clarita personal injury attorney Robert Mansour at (661) 414-7100 for a free consultation and evaluation of your auto accident case.  You can also fill out our Free Case Evaluation form.

Free consultation from a former insurance company lawyer.
​
Gain access to our network of trusted attorneys.