Frequently Asked Questions About Personal Injury Claims in California

Do I need an attorney?

If you are unsure whether you need an attorney, you are more than welcome to give us a call and we’ll explain why you may or may not need an attorney.

Typically, the smaller the damages the less likely it is that you need an attorney. In cases where damages are small enough that the insurance company would have no problem making a payment, it could be a waste of everyone’s time to hire an attorney. However, the larger the sums of money involved, the more likely you are to have a harder time collecting a desired payout, and the more likely it is that you need an attorney’s help.

If you have suffered severe injuries or have significant financial losses, time off work, medical bills and so on, it is in your best interest to speak to an attorney first.

I live outside of Los Angeles, can you still help me?

Yes. We provide services in the entire state of California including Los Angeles County and San Diego. If you live in this state, especially in the Southern California area we can work with you at your convenience.

How much does it cost?

We work on contingency basis, which means our clients pay nothing until their case is resolved. Actual fees collected when the case is resolved will vary. Our attorneys will provide you with all of the necessary details during the free consultation.

How long is my case going to take?

The answer depends on specific circumstances of your situation. We will always act in the best interest of our clients and try to move the case as quickly as possible. We understand that you may be financially vulnerable after an injury and will push hard for a resolution. Typically, cases take longer if they go to trial, which is something insurance companies and clients hurting for money try to avoid. We encourage you to speak to us about your situation so that we can give you accurate estimates of how long your case will take.

It has been a while after my injury; can I still file a lawsuit?

In the state of California, you have 2 years from the date the injury occured, or 1 year from the date the injury was discovered to file a lawsuit. In medical malpractice cases, you have 1 year from the date you knew or should have known about the injury, or 3 years from the date of the injury, whichever is earliest. Statute of limitations may be extended for minors, incapacitated or those out of state. If you are unsure, feel free give us a call as this may be very important to your case.

How do I know if my injury qualifies for a personal injury claim?

To answer this question we will assume that you have already suffered an injury either physical or emotional. If your injury happened because of someone else’s fault then you probably have a case. Another interesting detail to note is that you don’t have to be physically harmed to file an injury lawsuit. In various circumstances, victims suffer from emotional distress and psychological problems for prolonged periods of time after the intentional infliction.

What is emotional distress and how is it proven?

Emotional distress is defined in most cases as mental anguish such as fright, dismay and humiliation and must be supported by proving (1) the distress is more than fleeting (2) the defendant’s conduct caused the distress (3) the distress is medically significant.

What should I bring when meeting an attorney?

Attorneys may conduct their own investigations to obtain any necessary documentation and evidence to support your claim. However, the more you bring with you the less work your attorney will have to do and the faster they can process your claim. Consider brining any documents, evidence or other paperwork related to your injury in any way whatsoever. Some of this material may include: hospital bills, medical reports, police reports, eyewitness information, photos of the scene, photos of injury and property damage and anything else you think may be relevant. Basically, the more information you can provide, the easier it will be for an attorney to determine whether you have a case.

What happens if the person dies from injuries before he/she is able to file a lawsuit?

In the situation that death from injury occurs before a lawsuit is filed, heirs of the deceased may pursue wrongful death action.

What makes a person or their actions negligent?

There are certain legal criteria that describe “ordinary reasonable person” and their actions. When an individual fails to meet this criterion, their actions are said to be negligent. To determine whether someone has met the “ordinary reasonable person” criteria is up to the jury to decide.

What if I can't prove negligence in cause of my injury, can I still sue?

Yes. At times, the principle of “strict liability” is applied to the circumstances. When someone is strictly liable for an injury, the injured does not have to prove acts of negligence or intent to proceed with the lawsuit. A good example of this is product liability and injuries arising from foreseeable and unresolved product defects. In cases of product liability, the manufacturer or anyone in the supply chain of the product did not intend any harm to an individual and did not act negligently. However, if the product defect was foreseeable and could have been resolved prior arriving in the hands of the consumer, then the responsible party could be held strictly liable.

DISCLAIMER: Any and all content on this website including the Frequently Asked Questions is intended as purely informational material. Such content may be inaccurate and is not legal advice, and should never be treated as such. Only direct advice from the legal counsel should be used in legal matters.