Question 1

What is a personal injury claim in California?

Accepted Answer

A California personal injury claim seeks compensation when negligence or intentional conduct causes injury or loss. The injured person must prove duty of care, breach, causation, and damages. Claims usually start with insurance demands and may escalate to a lawsuit if settlement fails.

Question 2

How long do I have to file a personal injury lawsuit in California?

Accepted Answer

Most personal injury lawsuits must be filed within 2 years of the injury under Code of Civil Procedure § 335.1. Exceptions include medical malpractice and claims against government entities, which have shorter notice deadlines. Missing the deadline usually results in dismissal.

Question 3

What types of damages can I recover in a California personal injury case?

Accepted Answer

Recoverable damages include economic losses such as medical bills, lost wages, and property damage, as well as non-economic damages like pain and suffering and emotional distress. Punitive damages may be available in rare cases involving malice or fraud.

Question 4

Should I accept the insurance company’s settlement offer?

Accepted Answer

Early settlement offers are often low and made before the full extent of injuries is known. Once a release is signed, future claims are waived. Many injured people wait until treatment is complete and consult a lawyer to ensure the offer fairly reflects medical costs and long-term impact.

Question 5

What is comparative negligence in California?

Accepted Answer

California follows a pure comparative negligence rule, meaning you can recover damages even if you are mostly at fault. Your compensation is reduced by your percentage of responsibility as determined by the evidence.

Question 6

Do I need a personal injury lawyer?

Accepted Answer

Legal representation is strongly recommended for serious injuries, disputed liability, or higher-value claims. Personal injury lawyers investigate accidents, value damages, negotiate with insurers, and are typically paid on a contingency fee basis with no upfront cost.

Question 7

How much is my California personal injury case worth?

Accepted Answer

Case value depends on injury severity, medical costs, lost income, fault, insurance limits, and long-term impact. Minor injuries may be worth tens of thousands of dollars, while catastrophic injuries can reach hundreds of thousands or more.

Question 8

What should I do after a car accident?

Accepted Answer

After a car accident, seek medical care, report the crash if necessary, document the scene with photos and witness information, notify insurance carriers, and avoid detailed statements before understanding your injuries. Many people consult a lawyer before settling.

Question 9

Will my personal injury case go to trial?

Accepted Answer

Most personal injury cases settle before trial. Trials are relatively rare and usually occur only when liability or case value cannot be resolved through negotiation or mediation.

Injury Law Basics

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