Personal Injury FAQs
OUR CALIFORNIA INJURY ATTORNEYS OFFER HELPFUL GUIDANCE
If you want to learn more about personal injury law and how it may impact you in the wake of an accident or injury, we welcome you to review the following questions and answers. You can also contact a California personal injury lawyer at our firm at any time for a free consultation.
Get more answers by calling (888) 977-2238. We look forward to helping you.
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WHY DO I NEED AN ATTORNEY?
Trying to recover fair compensation after an accident or a serious injury can be extremely difficult. You’d think that the insurance company would be fair in handling your claim, but they may use underhanded tactics to delay payment, undervalue your claim, or deny responsibility altogether. An attorney can protect your rights and pursue fair compensation on your behalf.
WHAT IS MY CASE WORTH?
Every case is different. Some may be worth hundreds of dollars, and others may be worth millions or even tens of millions. The value of your case will depend largely on the extent of injury you have experienced, both physical and emotional. We will consider medical bills, ongoing medical treatment, lost earnings, future loss of earnings, emotional trauma, pain, suffering, and other losses or injuries when determining the fair value of your claim.
WHAT IS NEGLIGENCE?
Negligence can be simply described as a failure to act with reasonable care. An example may be a property owner who knows that a stairway is missing a railing but does not fix it on time and does not place a sign warning others of the hazard. If someone falls and is injured as a result, that property owner may be responsible due to his negligence.
WHO IS LIABLE FOR MY INJURIES?
Legal responsibility in a personal injury claim may fall on the shoulders of any individual or entity that had an obligation to act in a certain way, violated that duty, and caused you harm as a result. In a car accident, for example, a driver who was texting and rear-ended you may be liable for your injuries.
WHAT IS AN ACCIDENT RECONSTRUCTION AND HOW CAN IT HELP WITH MY CASE?
Your California personal injury attorney may utilize accident reconstruction to determine what caused your accident and to prove fault. This may involve recreating the accident using a computer program, diagrams, or physical objects to show how it occurred and who was responsible for causing it. B&D Law Group works with accident reconstruction specialists when needed to build strong cases for our clients.
EVEN IF I HAVE A SMALL CASE, SHOULD I INVOLVE A LAWYER?
Even a “small” case can benefit from the attention of a lawyer. No matter the extent of the harm you have experienced, we welcome you to call our firm to see how we can assist you. Your consultation is free, so there is no risk and no obligation.
HOW LONG DO I HAVE TO FILE A PERSONAL INJURY CLAIM IN CALIFORNIA?
In most personal injury cases the deadline is two years from the date of the injury (California Code of Civil Procedure section 335.1). Claims against a city, county, the state or another public entity work differently: a written claim generally has to be presented within six months (Government Code section 911.2). Some situations change the deadline, including injuries to a minor and injuries that are not discovered right away. Missing the deadline can end an otherwise valid case, so it is worth confirming your date early.
WHAT DOES IT COST TO HIRE B&D LAW GROUP?
We handle personal injury cases on a contingency fee, which means there is no attorney’s fee unless we recover money for you. The fee is a percentage of the recovery and is set out in a written agreement, along with how case costs are handled. California law requires that agreement to be in writing and to state that the fee is negotiable (Business and Professions Code section 6147). The initial consultation is free.
WHAT IF I WAS PARTLY AT FAULT FOR THE ACCIDENT?
California follows pure comparative fault, so being partly responsible does not bar you from recovering. Your compensation is reduced by your share of the fault. If you are found 20 percent at fault on a $100,000 verdict, you recover $80,000. Insurers often assign a larger share of blame to injured people than the evidence supports, which is one reason to have the facts reviewed before you accept anyone’s assessment of fault.
SHOULD I TALK TO THE OTHER DRIVER'S INSURANCE COMPANY?
You are not required to give a recorded statement to the other side’s insurer. Adjusters are trained to ask questions that can limit what a claim is worth, and a statement given before you know the full extent of your injuries can be used against you later. You do need to cooperate with your own insurer under your policy. It is reasonable to give your name and basic contact information, then speak with an attorney before going further.
HOW LONG DOES A PERSONAL INJURY CASE TAKE?
It depends on the injuries, the course of treatment, and whether the insurer negotiates in good faith. Many claims resolve within several months once medical treatment is complete and the full picture of the injury is clear. Cases that require a lawsuit, discovery and depositions take longer, often a year or more. Settling before treatment is finished is usually what costs people money, not waiting.
DO I HAVE TO GO TO COURT?
Most personal injury claims resolve by settlement rather than trial. Filing a lawsuit does not mean you will end up in front of a jury; many cases settle after filing, during discovery, or at mediation. We prepare every case as though it may be tried, because a case that is ready for trial tends to be taken more seriously by the other side.
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