Personal Injury Frequently Asked Questions
What is a personal injury claim?
Personal injury is a legal term that refers to any physical, emotional, or mental harm that a person suffers as a result of someone else’s negligence or intentional acts. In California, personal injury cases can include car accidents, slip and fall accidents, trip and fall accidents, pedestrian accidents, motorcycle accidents, bicycle accidents, truck accidents, dog bites, dog attacks, premises liability, public entity claims, and more.
To pursue a personal injury claim, you must be able to demonstrate that the other party’s actions or negligence caused or were a cause of your injuries and that you suffered damage as a result. It is important to work with our team of personal injury attorneys who can help you navigate the legal process and ensure that your rights are asserted, and you are properly compensated.
If you’ve been injured in any type of accident caused by someone else’s negligence, you may be entitled to substantial compensation for your injuries. Our personal injury attorneys can help you determine if you have a valid personal injury claim and guide you through the legal process to obtain the compensation you are entitled to.
When should I hire a personal injury lawyer?
In order to protect your legal rights after an accident where injuries occur, you should hire a personal injury lawyer immediately after an accident with injuries occurs. An experienced personal injury attorney will investigate the accident and obtain important evidence such as photographs, video, and witness statements. Our attorneys will start immediately positioning your case for the best possible outcome.
When it comes to personal injury claims, injured parties should seek immediate legal representation from a skilled personal injury lawyer. After seeking emergency medical attention for your injuries, hiring a personal injury lawyer should be your top priority.
What are common injuries caused by personal injury accidents?
Personal injury accidents can result in a wide range of injuries, from cuts and bruises to life-altering catastrophic injuries. Some of the most common injuries caused by personal injury accidents include:
Traumatic Brain Injuries: Traumatic brain injuries occur when a blow or violent jolting of the head causes damage to the brain. Symptoms of TBI can range from mild to severe and may include headaches, dizziness, confusion, memory loss, and difficulty concentrating.
Spinal Cord Injuries: Spinal cord injuries occur when the spinal cord is damaged, often as a result of a sudden impact or trauma to the back or neck. Spinal cord injuries can cause paralysis, loss of sensation, and a range of other physical and neurological symptoms.
Broken Bones: Broken bones are a common injury in personal injury accidents and can range from minor fractures to severe breaks that require surgery.
Soft Tissue Injuries: Soft tissue injuries refer to damage to the body’s connective tissues, including muscles, tendons, and ligaments. These injuries can be surgical, and cause pain, swelling, and limited mobility.
Whiplash: Whiplash, commonly cause by car accidents, is a type of soft tissue injury that occurs when the head is suddenly jerked forward and then back, causing damage to the neck muscles and ligaments. Symptoms of whiplash may include neck pain, headaches, and limited mobility.
Burns: Burns can occur in personal injury accidents such as car accidents and electrical fires and can range from minor to severe depending on the degree of the burn.
Emotional and Psychological Injuries: Personal injury accidents can also cause emotional and psychological trauma that can lead to post-traumatic stress disorder (PTSD), anxiety, and depression. These injuries can be just as serious and impairing as physical injuries and may require treatment and therapy.
These are just a few examples of the common injuries that can result from personal injury accidents. If you’ve been injured in an accident, it’s important to seek medical attention right away, even if you don’t think your injuries are severe.
Contact our personal injury attorneys today to schedule a free consultation and learn more about what you need to do and how we can help you recover the compensation you are entitled to for your injuries.
How do I get financial compensation for my injuries caused by an accident?
If you’ve been injured in an accident, you may be entitled to substantial financial compensation for your injuries and damages. To obtain compensation, you’ll need to file a personal injury claim with the other party’s insurance company or file a lawsuit in court.
To maximize your chances of getting full compensation, it is important to work with an experienced personal injury attorney who can help you navigate California’s complex personal injury legal process and negotiate from a position of strength with the insurance company on your behalf. Our personal injury attorneys will also be able to assess the value of your case and help you determine a proper settlement amount. If a reasonable settlement cannot be reached, our legal team can litigate your case in court. We handle personal injury litigation on your behalf.
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How much compensation can you recover for an injury in the San Francisco Bay Area?
The amount of compensation you can recover for an injury depends on various factors such as the severity of your injuries, the amount of medical bills, the impact the injuries have had on your life, and the circumstances of the accident.
There are two types of damages that you can recover in a personal injury claim: economic and non-economic.
- Economic damages refer to the direct financial losses you’ve incurred as a result of the accident. This includes medical bills, wage loss, property damage, and out-of-pocket expenses. These damages are generally easy to calculate and can be proven with documents such as receipts and bills.
- Non-economic damages refer to the intangible losses you are entitled to be compensated for such as your pain and suffering, emotional distress, loss of enjoyment of life, etc. These damages can be more difficult to quantify and typically require the expertise of an experienced personal injury attorney.
To determine the total amount of compensation you may be entitled to, our personal injury attorneys will consider various factors such as the nature and extent of your injuries, their impact on your daily life and ability to work, and the overall severity of the accident. Our legal team will also take into account any future medical treatment, lost earnings or ability to work, ongoing pain and suffering, and other long-term financial impact from your injuries. In some instances, punitive damages may also be available in personal injury cases.
How long do I have to file a lawsuit for personal injury in California?
In California, the statute of limitations for personal injury lawsuits against individuals and commercial entities is two (2) years from the date of the injury. This means that you have two years from the date of the accident to have settled your claim or you must have a lawsuit on file seeking compensation for your injuries.
If you have not settled your claim and fail to file a lawsuit within the two-year statute of limitations, you may lose your right to pursue compensation for your injuries. There are some exceptions to the two-year rule, but they are very limited and may not apply in all cases.
If your claim involves a public entity such as a Village, Town, City, County, or State, or their employees, you have only six (6) months under California law to prepare and file with the entity a formal Notice of Claim. If the public entity rejects your claim, you have only six months from the date of rejection to file a lawsuit, or you may lose your right to pursue compensation for your injuries.
It’s important to note that the statute of limitations may vary depending on the circumstances of your case. It’s always best to consult with our personal injury attorneys to determine the specific statute of limitations that applies to your specific case.
Filing a personal injury claim and personal injury litigation without familiarity of the various rules and laws is not advisable. It’s best to be represented by an attorney who is knowledgeable and to get your claim and case started early to ensure that there is enough time to build a strong case.
How long does it take for a personal injury case to settle?
The time it takes to settle a personal injury case varies depending on various factors such as the complexity of the case, the severity of the injuries, and the willingness of the negligent party or their insurance company to pay a fair settlement.
In general, personal injury cases can take anywhere from a few months to a couple of years to settle. Some cases may even go to trial, and personal injury litigation can add additional time to the process. Cases settle on average in 6-18 months.
It’s important to note that rushing to settle a case too quickly can result in your accepting a settlement offer that does not fully compensate you for your injuries and damages. On the other hand, dragging out the case for too long can lead to additional stress and financial burden.
The key to a successful and efficient settlement is to work with a personal injury lawyer who can assess the value of your case and negotiate with the insurance company from a position of strength. Your lawyer will also be able to guide you through the legal process and help you make informed decisions about settlement offers. Our legal team has substantial expertise in personal injury law, and are ranked among the best personal injury lawyers in San Francisco.
Generally, it’s best to wait until you’ve reached maximum medical improvement (MMI) before settling your case. MMI is the point at which you’ve fully recovered from your injuries or have reached the maximum level of medical improvement possible. Waiting until this point ensures that you have a clear understanding of the full extent of your injuries and damages, which can help your lawyer negotiate the best possible settlement.
Ultimately, the length of time it takes to settle your personal injury case will depend on the unique circumstances of your case. Contact us today to schedule a free consultation and learn more about how we can help you navigate the personal injury claims process.
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The general information provided on this website should not be considered legal advice, and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.