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If I have been injured, what types of damages can I recover?
In order to recover damages in a personal injury lawsuit, you must prove that another person or entity acted negligently and that you suffered damages as a foreseeable result of such negligence. Recoverable damages include financial compensation for, among other things, your medical expenses, lost wages, physical pain and suffering, emotional distress, and decreased quality of life. In California, the plaintiff’s recoverable damages are reduced by the percentage equivalent to the plaintiff’s percentage of fault.
How long do I have to file a personal injury or wrongful
death lawsuit?
The statutes of limitations for claims based on negligence/personal injury, wrongful death, product liability and intentional torts in California are summarized below. If you do not file your claim within the time periods outline below, you may lose your right to take legal action against the person or persons responsible for the accident and your damages resulting therefrom.
California Statutes of Limitations:
California negligence / personal injury: 2 years with Discovery Rule (i.e., the statute of limitations runs from the date when the injury is, or should have been, discovered)
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How much is my case worth?
The value of your case depends on numerous factors including, among others: (1) the strength of the evidence against the party or parties responsible for the accident and your injures and other damages resulting therefrom (of course, the stronger the evidence indicating that such party is liable for the accident, the more your case is worth); (2) whether the party or parties responsible for the accident have sufficient resources to satisfy a judgment including, but not limited to, liability insurance coverage; (3) the amount of such resources to satisfy a judgment including the coverage limits for any liability insurance coverage; (4) the severity and permanency of your injuries and any disabilities resulting therefrom; (5) the nature and extent of other damages (e.g., medical expenses, lost wages, physical pain and suffering, and emotional distress); (6) the amounts of jury verdicts and settlements in similar cases in your state and, even more specifically, in your county; and (7) the knowledge, experience and dedication of the attorney who will fight to ensure that you receive full and fair compensation. All things considered, the best way to determine how much your case is worth is to consult an experienced attorney. We would be pleased to review your case, discuss your legal options, and provide you with a general idea of how much we think you may be able to recover via settlement or, if necessary, trial.
What do you charge for your services?
We handle personal injury and wrong death cases on a contingency fee basis. That means you pay nothing for our legal services unless we collect a settlement or judgment on your behalf. In that event, we would take a percentage of the recovery (the specific percentage to be mutually agreed upon and confirmed in writing at the beginning of our representation) for our legal services.
When should I talk to an attorney?
You should talk to an experienced attorney as soon as possible to ensure that all of your rights are protected and that all avenues of potential recovery are explored. There may be complicated insurance questions including whether uninsured motorist coverage is available, whether multiple policies of the uninsured motorist coverage can be stacked to provide additional coverage, whether underinsured motorist coverage is available and/or whether the defendant has excess insurance coverage or an umbrella policy. In addition, there may be other people who are responsible for the injury such as the employer or principal of the person who injured you.
Should I give a recorded statement to an insurance company’s claims adjuster?
You should never give a recorded statement to an insurance company’s claims adjuster without first consulting with an experienced attorney. The claims adjuster’s job is not to help you. Rather, the claims adjuster’s job is to help the insurance company (their employer) and the party which caused your injury. Accordingly, the claims adjuster may seek your agreement to misleading statements of how the accident occurred in order to use them against you if the case proceeds to trial.
Should I sign any papers sent by an insurance company’s claims adjuster?
No. We strongly recommend that you not sign any papers sent by an insurance company’s claim adjuster without first talking to an experienced attorney. One such paper is a general release. If executed, a general release likely would prevent you from obtaining any recovery from any other person or entity who may be liable for your injuries (known or unknown) and other damages.
California wrongful death: 1 year. Exceptions: Death from exposure to asbestos or medical malpractice (as to medical malpractice, the statute of limitations is 3 years from the date of injury or 1 year from the date of discovery, whichever occurs first, except for foreign objects where the statute of limitations runs from when object is, or should have been, discovered)
California products liability: 2 years with Discovery Rule
California intentional tort: 1 year
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What is personal injury law?
Personal injury laws protect people who have been injured or killed because of another person’s or entity’s negligence or recklessness. The persons injured and the families of the persons killed can file personal injury lawsuits in civil court against the negligent or reckless parties to recover financial compensation for their damages.
What is negligence?
Negligence refers to careless or reckless conduct of a person or entity that causes or contributes to an accident or injury. There is an almost infinite number of examples of negligent conduct.