If you’ve been injured in an accident in California, it can be hard to know where to start. You might be wondering whether you have a valid case, how long the process takes, and whether you really need a lawyer.
In this article, we’ll answer some of the most common personal injury FAQs to help you understand your options and what to expect if you choose to pursue a claim.
What Should I Do After a Personal Injury Accident?
The steps you take immediately after an accident can make a big difference in your case. You’ll want to protect your health and begin documenting what happened.
Here are some key things to do:
- Get medical attention, even if your injuries seem minor at first
- Report the accident to the proper authorities
- Exchange contact information with the other parties involved
- Gather evidence by taking photos of the scene and your injuries
- Get names and contact information for any witnesses
- Contact an experienced personal injury lawyer as soon as possible
Taking these steps will help strengthen your claim and ensure you’re protecting your legal rights.
How Long Do I Have To File a Personal Injury Lawsuit in California?
California’s statute of limitations for most personal injury cases is two years from the date of the injury. If you miss this deadline, you may lose your right to pursue compensation entirely. Certain cases may have shorter deadlines. For example, if your claim involves a government entity, you typically have just six months to file a claim.
To avoid missing an important deadline, it’s always a good idea to speak with an attorney early on.
How Much Is My Personal Injury Case Worth?
Every case has different facts and circumstances, so each has a unique value. The amount you can recover depends on many factors, such as the severity of your injuries and the extent of your financial losses.
Here are some of the key factors that affect case value:
- The cost of your medical treatment, both current and future
- Whether you’ve lost income or earning capacity
- The severity of your pain and suffering
- The impact on your ability to enjoy life
- Any long-term or permanent disabilities
- Insurance policy terms/limits
- The strength of the evidence supporting your claim
An experienced personal injury attorney can review the details of your case and help you understand what your claim may be worth.
What Types of Damages Can I Recover in a California Personal Injury Case?
If your personal injury claim is successful, you may be entitled to recover both economic and non-economic damages. In rare cases that go to trial, punitive damages may also be awarded.
Examples of available damages include:
- Medical expenses
- Lost income and future earnings
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Punitive damages require “clear and convincing evidence” that the liable party acted egregiously, such as intending to cause you harm. These damages are meant to “punish” the defendant rather than to compensate you.
What if I’m Partially at Fault for the Accident?
California follows a pure comparative negligence rule. This means you can still recover damages even if you were partly responsible for the accident, but your compensation will be reduced by your percentage of fault.
For example, if you are awarded $100,000 in a car accident case but are found to be 25% at fault, you would receive $75,000.
Insurance companies may try to assign more fault to you than is fair, and having a lawyer on your side can help protect you from these tactics.
Will My Personal Injury Case Go to Trial?
Most personal injury cases in California are resolved through settlement, not trial. However, if the insurance company refuses to offer a fair settlement, your attorney may recommend filing a lawsuit and taking the case to court.
It’s important to work with an attorney who is fully prepared to go to trial if necessary. Sometimes, the simple fact that your lawyer is ready and willing to take a case to court can encourage the insurance company to make a better offer.
Do I Need a Lawyer for My Personal Injury Case?
While you are not legally required to hire an attorney, having one on your side offers many advantages. Insurance companies have teams of adjusters and lawyers working to minimize payouts; an experienced personal injury attorney can help level the playing field.
A lawyer can:
- Handle communications with the insurance company
- Gather and preserve important evidence
- Protect you from accusations of blame
- Fully calculate your damages
- Negotiate for a fair settlement
- Take your case to trial if needed
Most personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront and only owe legal fees if they recover compensation for you.
Contact a Santa Ana Personal Injury Lawyer for a Free Consultation
If you’ve been injured due to someone else’s negligence in California, you may be entitled to compensation from the responsible party. At Robles Babaee, Personal Injury Lawyers we can help you understand your rights and guide you through the legal process.
To learn more and get answers to your specific questions, call us at (714) 500-7906 to schedule a free consultation with an experienced personal injury attorney today.