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FAQ

Personal Injury FAQ

Straight answers to common questions about injury claims in California. This is general information, not legal advice. For advice about your situation, talk to us directly.

Getting started and costs

What does it cost to hire you?

Nothing up front. Your first case review is free. We work on a contingency fee, which means our fee comes out of what we recover for you.

If we don't get you a settlement or court award, you owe no attorney's fees and no case costs. Before you hire us, we go over the fee agreement with you in writing.

What happens in a free case review?

We listen to what happened, ask a few questions and tell you honestly whether we think we can help and what your options are. It's free, and there's no obligation to hire us. If you have photos, a police or incident report, insurance letters or medical bills, have them handy, but don't wait to reach out if you don't.

Do I need a lawyer for a minor accident?

Not always, but talk to a lawyer before you talk to any insurance company, including your own. A lawyer can help most when someone was injured, fault is disputed, the other side has no insurance, a government agency is involved, or an insurance company is pressing you to settle or sign something. A free case review can help you decide.

I already have a lawyer. Can I still talk to you?

Yes. If you've already hired a lawyer and have questions about how your case is going, we're happy to offer a free second opinion. Whether to stay with your current lawyer or make a change is always your decision, and we can explain what a change would involve for your case.

Do you take cases outside Los Angeles?

Yes. We take personal injury cases anywhere in California from our office in Woodland Hills, in the San Fernando Valley. Wherever your accident happened in the state, call us or start a free case review, and we'll talk about your situation and how we can help.

Your claim and the insurance company

The insurance company already offered me money. Do I still need a lawyer?

You don't have to accept the first offer. Accepting a settlement usually means signing a release, which ends your claim for good, even if you later learn your injuries are worse than you thought.

Before you sign anything, it's worth getting a second look. A free case review can help you decide.

Should I give the other side's insurance company a recorded statement?

No, you don't have to. Talk to a lawyer first. The other side's adjuster works for their insurance company, and what you say in a recorded statement may later be used to argue that you were at fault or that your injuries aren't serious. You can politely decline and give them your lawyer's contact information instead.

What is my case worth?

No one can honestly give you a number at the start. The value of a claim depends on its facts, including:

  • How serious the injuries are and how long recovery takes
  • Medical bills, now and in the future
  • Income you lost while you couldn't work
  • How clear it is who was at fault
  • The insurance coverage available

We can walk through these with you in a free case review.

How long will my case take?

It depends on the case. Some claims resolve in a few months. Others take a year or more, especially if the case goes to court.

Timing usually depends on how long your recovery takes, how clear it is who was at fault, and how the insurance company responds. Once we know the facts, we'll tell you what to expect and keep you updated.

California law and deadlines

How long do I have to file a claim?

In California, the deadline to file a personal injury lawsuit is generally two years from the date of the injury.

If a California public agency is involved, such as a city bus or a dangerous public road, a written claim generally has to be filed with that agency within six months. Claims against federal agencies, and some other situations, have different deadlines.

The right deadline depends on your facts, so it's best to talk to a lawyer soon.

Sources: Code of Civil Procedure §335.1 (opens in a new tab); Government Code §911.2 (opens in a new tab)

What if I was partly at fault?

You may still be able to recover. California follows a rule called pure comparative fault: if you were partly at fault, the amount you can recover is reduced by your share of the fault, but your claim isn't automatically barred.

For example, if you were found 20% at fault, your damages would be reduced by 20%.

Sources: Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 405 (Judicial Council of California) (opens in a new tab)

What if the person who hit me doesn't have insurance?

You may still have options. California auto policies include uninsured motorist coverage unless the policyholder turned it down in writing, so your own policy may cover your injuries. If the driver fled, that coverage has extra requirements, including a police report within 24 hours and a sworn statement to your insurance company within 30 days. A lawyer can take care of these steps for you.

Source: Insurance Code §11580.2 (opens in a new tab)

Can a family bring a claim if someone died in an accident?

Yes. California law lets certain family members bring a wrongful death claim, starting with the person's spouse or registered domestic partner and children. If there are no children or other descendants, others who would inherit may bring the claim, and in some cases people who depended on the person. These claims have deadlines too. Our wrongful death page explains who can file and what a claim can cover.

Source: Code of Civil Procedure §377.60 (opens in a new tab)

After an accident

What should I do right after an accident?

Get safe and get medical help first. Then document what happened with photos and witness names, keep every record and bill, make any reports the law requires, and talk to a lawyer before you talk to any insurance company, including your own. Our car accident page walks through the steps, and the same ideas apply to most accidents.

What if my injuries showed up days later?

You may still have a claim. The CDC notes that some symptoms of a concussion may not appear for hours or days. See a doctor as soon as you notice a problem, tell them about the accident, and keep a record of your symptoms and every visit.

Source: CDC: Symptoms of Mild TBI and Concussion (opens in a new tab)

Free case review

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(818) INJURY-5(818) 465-8795

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