FAQs in Personal Injury Claims
Personal injury law covers a wide range of accidents, including car accidents, slip and falls, dog bites, and more. Each case is unique, and the outcome typically depends on small details that most people are not aware of. Knowing what to expect can help you make informed decisions throughout the legal process.
“When you’re injured, navigating claims and paperwork on your own can be overwhelming. A personal injury lawyer can guide you through the process, protect your rights, and help you pursue the compensation you deserve with confidence and clarity,” says Rusty Levin, a dedicated attorney at Levin & Nalbandyan, LLP.
This article addresses the most frequently asked questions in California personal injury claims.
What Is the Statute of Limitations on Filing a Personal Injury Lawsuit?
In California, you generally have up to two years from the day the injury occurred to bring a personal injury lawsuit. Let that deadline lapse, and the court likely will throw out your case, no matter its merit.
If the injury wasn’t discovered right away in cases such as medical malpractice or toxic exposure, you have one year from the date you discovered it. That is known as the “discovery of harm” exception. This rule protects victims who couldn’t have reasonably known about their injury immediately.
Lawsuits against the government have a six-month statute of limitations. That strict deadline highlights why knowing even the smallest details, like exact filing windows, can make the difference between a valid claim and losing your right to sue entirely.
What Types of Damages Can Be Obtained in a Personal Injury Lawsuit?
Plaintiffs can be awarded both economic and non-economic damages if they win the case. Economic damages are anything with a dollar amount attached. Examples of economic damages include medical bills, lost wages, rehabilitation costs, and property damage.
Non-economic damages are more abstract. They involve pain, emotional distress, loss of enjoyment of life, and how an injury affects relationships. Juries typically decide these amounts based on expert opinion and testimony. These damages recognize that injuries impact more than just your bank account.
Punitive damages may also be awarded in cases where the defendant’s conduct was especially reckless or malicious. These damages are meant to punish the wrongdoer and discourage similar behavior in the future.
Do I Have to Prove the Other Party Was 100 Percent at Fault?
The pure comparative negligence rule in California means you don’t have to prove the other person was completely at fault in order to receive compensation. Even if you carry some responsibility for the accident, you may still recover some compensation.
This rule lowers your final award according to your share of the blame. If you’re 30 percent responsible, you are compensated for 70 percent of the total damages. According to California Civil Code Section 1714, plaintiffs can recover damages even when they share fault, making California one of the most plaintiff-friendly states for injury claims.
Insurance companies can use this rule to shift blame. With an ideal legal strategy, you can push back against blame-shifting tactics and clearly establish the other party’s fault.
Should One Accept Quick First Offers From Insurance Adjusters?
Initial offers from insurers are low. Adjusters work from formulas and rough estimates that rarely consider long-term consequences, such as future medical costs or lost earning potential.
The moment you accept and sign a release, your claim will be considered closed. No second chances, even if extra injuries or costs pop up down the line. That’s a risky gamble if you haven’t completed treatment. Rushing into a settlement before understanding the full extent of your injuries can leave you financially vulnerable.
Speaking with a lawyer can unearth concealed damages and unfair tactics. It’s not about dragging things out but pursuing what you are truly owed under California law.
What Is the Cost of Hiring Legal Representation?
Most state-based personal injury law firms charge on a contingency fee basis. This means you won’t owe any upfront fees, and they only receive payment if your case is successful. That puts your objectives and their own in alignment.
The standard charge is between 33 percent and 40 percent of the ultimate settlement or verdict. The percentage varies based on when the case is settled.
Out-of-pocket expenses, such as filing fees or expert witnesses, are usually paid by the attorney. We recommend reviewing the agreement thoroughly prior to signing, as those expenses will be subtracted from your recovery. Understanding the fee structure upfront prevents surprises later.
Wrapping Up
California personal injury cases are fast-paced and full of surprises. Each decision you make, from how you handle paperwork to when you push back against an offer, changes your path. Understanding the statute of limitations, types of damages available, and how fault is determined gives you a stronger foundation for pursuing your claim.
If your situation gets complicated, obtain the advice of an experienced personal injury lawyer. Your next step could set a precedent, not just for your case, but for others with similar challenges. Don’t navigate this complex legal landscape alone—seek professional guidance to protect your rights and maximize your recovery.
