The statute of limitations in California for most personal injury claims is two years.
Medical malpractice claims in California must be filed no more than one year from the date that the patient was injured, or from the date the patient first discovered his/her injuries which were caused by medical malpractice.
Under California’s comparative negligence law, someone who is partially at fault for an injury or an accident may still be entitled to be compensated. An injured person is entitled to recover a determined percentage of damages where the defendant was at least partially at fault. This applies even if the injured person was more than 50% at fault. Juries are responsible for determining the percentage of fault in the case, or this could be negotiated via an out-of-court settlement.
In the event a catastrophic injury leads to death, the deceased’s surviving family or estate representative can pursue a wrongful death claim in lieu of a personal injury claim.
Changing attorneys will not change the amount of the attorney’s fees. You will receive the same portion of any settlement obtained no matter how many attorneys have worked on your case. The one attorney fee is divided up between your first and your second law firm, based on the amount of work done by each firm.
Changing attorneys is a simple procedure in which you sign a document informing your current lawyer that he is discharged. It’s that easy. So if you are in a quandary about your present legal representation and would like a second opinion as to whether your current attorney is doing a good job, please contact our office 24/7.
Most legal questions require complex answers. The answers provided here may not be complete or fully accurate but attempt to provide consumers with abbreviated answers. For more detailed answers to these questions, please contact our office for a free and thorough review of your case.
Yes. Have you lost faith in your present personal injury lawyer? Perhaps you feel that he or she has neglected you, is more interested in other, bigger cases, or lacks the dedication to customer service that you feel you deserve. Your phone calls may go unanswered, you may go for weeks wondering what is going on with your case, and you may wish you’d found another attorney who had the time or desire to keep you in the loop.
If any of this sounds familiar, you do have options. We offer a free second opinion about your personal injury case for clients throughout California. That means that we will review your case file and interview you about the facts and circumstances of your car accident and injuries to determine whether your case is being handled in a competent manner by your present attorney. If we think it is, we will say so. If we think it isn’t, we’ll advise you of that, too. We won’t, however, advise you to change attorneys for our benefit. Only if it is advantageous to you if your claim can be presented in a more thorough or professional way, in a more timely fashion, with the endgame of getting you more money, more quickly, will we suggest it.
We only work on a contingency fee basis, meaning that if you do not win, we do not get paid. Our contingency fee is in line with other top-quality lawyers who handle serious personal injury matters. There are no up-front costs or fees with us.
Although individuals may represent themselves in personal injury cases, an experienced attorney can offer the support and professional resources that make the difference in achieving a positive outcome. A recent study by the Insurance Research Council showed that the average person received a settlement that was 3.5 times larger with legal assistance than without legal assistance.
Many of those who consider filing injury cases dread a long, drawn-out trial that costs significant time and money. However, approximately 95-percent of cases never reach trial, and instead arrive at a settlement coordinated with the help of an attorney.
For most personal injury matters, including car accidents, a person or relative has two years from the date of injury (or date of wrongful death) in which to initiate a case. Exceptions include medical malpractice cases, which generally must be filed one year from the date of injury. Also, claims against a governmental entity, even those affecting minors, must be filed within six months.
It is crucial that you not discuss your accident or case details with anyone except your attorney and your doctors. If your insurance company wants to discuss your case before they pay your medical bills, please do refer them to your attorney. Remember that any necessary information from employers, schools or other persons or entities will be obtained by your attorney. Never discuss your case with anyone until you check with your attorney first.
Each case is unique in terms of facts and circumstances. It is impossible to gauge the value of a claim at a glance. In serious injury cases, the recovery depends on the amount of insurance coverage available, the nature, extent and duration of your injuries, and the assessment of liability. In most cases, injured victims can seek compensation for damages including:
Medical expenses including past bills and future expenses relating to the accident.
Loss of income due to workdays missed.
Permanent injuries that may lead to loss of employment, livelihood or life’s enjoyment.
Cost of long-term treatment and care, which is necessary in catastrophic injury cases.
Past and future pain, suffering and emotional distress.