FAQs

Personal injury claims are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. The responsible person's insurance company may pay monetary compensation to the injured person for medical bills, pain and suffering, and other ongoing medical expenses. If the case involves medical malpractice, your personal injury attorney will be working with insurance companies and hospital attorneys.

In general, personal injury claims must be submitted within a specific timeframe or many courts will not consider them to be valid claims. These are called "statutes of limitations" and they vary from state to state. In the state of California, the deadline for filing a personal injury lawsuit is two years from the injury. Sometimes the injury is not apparent at the time of the accident but surfaces later. In this case, the injured person typically has one year from the time the injury was discovered. These statutes of limitation apply to most cases—but not all. Just because you believe you are past the deadline for filing a personal injury claim does not necessarily make it true. If you are suffering from a personal injury due to someone else's actions or failure to act, consult with a personal injury lawyer. You may have legal options, even if you think you don't, and you may yet be able to get compensated for being wronged.

If there is a serious injury, call 911 or the hospital, call for the ambulance right away, and call the police department so that they show up and make a report of the accident. Do not admit to any liabilities at the scene of the accident when you're talking to anyone. Be sure to collect the name and contact information of any witnesses present at the time of the accident. Take pictures of the area in which the accident took place. If you are involved in a car accident, take pictures of all vehicles involved as well as the road and surrounding areas. If you are involved in an accident on a premises, take photos of the area and what may have caused your accident such as a puddle of water or a raised surface. It is also important to determine if there are any cameras in the area that may have captured the accident. It is very important that you do not discuss anything with the insurance company before consulting with a personal injury attorney. Insurance companies are in the business of making money and want to avoid financial losses as much as possible so they will do their best to minimize your potential recovery. Many insurance companies will ask the claimant questions that appear to be of genuine concern, but the answers provided by the claimant can potentially jeopardize the case. It is best to speak with a personal injury attorney first to avoid any miscommunications and ultimately be compensated fairly.

Filing an immediate claim with the insurance company is important, but contacting an attorney is even more important. If you do provide a statement to the other driver's insurance company, you may have placed your claim in a critical state of no recovery. Just like your insurance company is trying to gather evidence to use against the other driver, the other driver's insurance company is trying to acquire information to use against you. Your claim will most likely be weakened by providing a statement. Insurance companies are well versed at twisting your words and will use that as evidence to their advantage. The statements made to the insurance company can also be used by opposing counsel in court which can hinder your chance of winning your claim. Even if you believe and know that the other driver is clearly responsible for the accident, never assume so because the insurance adjusters know exactly which questions to ask and how to make you say things to make it seem like you also played a role in causing the accident.

Personal injury damages are typically calculated based on the specific circumstances of the case and the types of losses or damages suffered by the injured party. There are two main types of damages that can be awarded in a personal injury case: economic and non-economic damages. Economic damages are meant to compensate for quantifiable financial losses that the injured party has incurred, such as medical bills, lost wages, property damage, and other out-of-pocket expenses. These damages are usually calculated by adding up the actual dollar amount of the losses incurred. Non-economic damages, on the other hand, are meant to compensate for losses that are more difficult to quantify, such as pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses. These damages are usually calculated by assigning a monetary value to the losses based on the severity of the injuries, the impact on the injured party's life, and other factors. In addition, in some cases, punitive damages may also be awarded, which are meant to punish the responsible party for particularly egregious behavior and to deter others from engaging in similar conduct. Overall, the specific calculation of damages will depend on the facts of the case and the applicable laws in California. A personal injury attorney can help evaluate the potential damages in a specific case and advise on the appropriate legal strategy for pursuing compensation. ‍

The resolution of a personal injury claim varies based on the particular accident. Every case is different in that many factors go into the resolution of a claim such as the claimant's particular damages as well as the insurance company involved in the claim. First, we need to find out what the damages are. We need to find out what the medical expenses are and the nature of the medical injuries so we can have a better understanding of how much the case is worth. The compensation that is going to be paid to the client varies. Claims may be related to injuries, loss of earnings, loss to the enjoyment of life, and the loss of potential earning capacity.