Your Personal Injury Questions Answered. Your Rights Protected.
What exactly is a personal injury case?
A personal injury case is a civil claim filed when a person is harmed due to the negligence of another party.
These legal actions allow the injured individual to seek financial recovery for their damages. Common scenarios include the following:
- Car, truck, motorcycle, and Uber and Lyft accidents
- Slip and fall incidents
- Workplace accidents
How do I know if I have a valid claim?
You have a valid claim if you can successfully prove that another party’s negligent actions directly caused your physical injuries and resulting financial losses.
To prevail, your claim must establish these elements:
- A duty of care was owed to you.
- The defendant breached that duty.
- The breach directly caused your injuries.
- You suffered actual damages.
Do I have to go to court?
Most personal injury claims are resolved out of court through negotiated settlements rather than a trial.
Trials are usually only necessary if the insurance company refuses to offer a fair settlement. The benefits of settling out of court include the following:
- Faster resolution of your claim.
- Lower out-of-pocket legal costs.
- A more predictable outcome.
What Types of Damages Can I Recover in an Injury Case in California?
You may be entitled to recover damages such as medical expenses, lost wages, pain and suffering, emotional distress, and property damage. In some cases, punitive damages may also be awarded if the defendant’s actions were especially reckless or malicious.
How much is my personal injury case worth?
The value of a personal injury case depends on factors that include the following:
- Medical bills
- Lost wages
- Pain and suffering
- Severity of injuries
- Long-term impact
- Insurance coverage
- Liability
What if I was partially at fault for the accident?
Under California law, you can still recover damages even if you share some of the blame for the incident.
Because California follows a pure comparative negligence doctrine, your compensation will simply be reduced by your assigned percentage of fault.
- If you are 20% at fault, you can recover 80% of your total damages.
- Even if you are found to be 90% at fault, you can still pursue recovery for the remaining 10%.
What is the process timeline for a personal injury claim?
A typical claim moves methodically from the initial medical treatment all the way to a negotiated resolution or court verdict.
The general timeline is as follows:
- Accident
- Medical treatment
- Claim filed
- Negotiation
- Settlement or trial
How long will my case take?
Claims can take months to years to fully resolve.
The total duration of your case heavily depends on the following factors:
- The time it takes you to reach maximum medical improvement.
- The insurance company’s willingness to negotiate in good faith.
- Whether the dispute must proceed to formal litigation.
What are the Benefits of Working With a Personal Injury Lawyer?
A dedicated attorney can help you level the playing field when dealing with well-funded insurance companies. An experienced personal injury lawyer can provide valuable assistance by gathering evidence, interviewing witnesses, negotiating with insurance companies, and representing you in court. Our personal injury attorneys in Ontario and Victorville possess a deep understanding of California’s specific legal deadlines and statutes. They will work for you to receive fair compensation for your injuries and losses.
When should I hire a personal injury lawyer?
You should hire a lawyer as soon as possible after your accident so they can immediately begin preserving evidence and protecting your legal rights.
At Lerner, Moore, Silva, Cunningham & Rubel, we pride ourselves on offering Spanish-speaking capabilities to better serve our community. We also represent clients on a contingency basis, meaning there is no fee unless we win your case. We will guide you through the step-by-step phases of a claim to help you eliminate surprises and keep you informed throughout the duration of your case.
What are common mistakes to avoid?
Many accident victims inadvertently damage their claims by making early missteps before speaking to an attorney.
Avoid these common pitfalls:
- Not seeking medical care.
- Talking to insurance too soon.
- Not hiring a lawyer.
What Is the Role of Insurance Companies in a Personal Injury Case?
Insurance companies are often involved in injury cases, either through the defendant’s liability insurance or your own. However, their goal is typically to minimize their payout, so it’s important to have an experienced attorney who can negotiate on your behalf and ensure you receive fair compensation.
How long do I have to file a lawsuit in California?
In California, you generally have two years from the date of the injury to file a formal lawsuit.
This filing deadline is known as the statute of limitations. If you fail to file within this timeframe, the court will likely dismiss your case entirely. Certain exceptions exist:
- Claims against government entities often carry a much shorter six-month deadline.
- Cases involving minors typically toll (pause) the clock until the victim turns 18.
What Should I Do After an Accident or Injury?
After an accident, seek medical attention immediately, even if you do not feel injured. Document the accident scene, gather contact information from witnesses, and report the incident to your insurance company. Contacting a personal injury attorney to protect your legal rights is also a good idea.
