After years of taking new client calls, the questions are familiar. Here are honest answers to the ones we hear most often in California personal injury practice.
How much does it cost to hire a lawyer?
Nothing up front. California personal injury work is done on contingency, which means the lawyer fronts case costs and earns a percentage of any recovery, usually 33 to 40 percent depending on whether the case settles or is tried. If you lose, you owe nothing. The arrangement aligns the lawyer's interests with yours: there is no incentive to take cases that lack merit, and there is every incentive to maximize the recovery.
How do I know if I have a case?
Three questions: Did someone else's negligence cause your injury? Did you suffer real damages (medical bills, lost wages, pain, lasting effects)? Is there insurance coverage or another source of recovery? If the answer to all three is yes, you probably have a case worth at least a free consultation. The signs are detailed in signs you need a personal injury lawyer.
How long do I have to file?
The general rule in California is two years from the date of injury. Government entity claims (anything involving a city, county, state, or public agency) require a written notice within six months. Medical malpractice has its own timing rules. Minor plaintiffs have tolling provisions. The full framework is in California's statute of limitations for injury claims.
How long will my case take?
Straightforward cases with completed treatment can resolve in four to nine months. Litigated cases run 18 to 24 months in most counties. Catastrophic injury cases that involve trial can take three years or more. The biggest variable is how long it takes the medical picture to stabilize.
What is my case worth?
Honest answer: no one can tell you with confidence in the first conversation. Case value depends on the strength of liability, the severity and documentation of injuries, available insurance coverage, and the reputation of your lawyer with the defense. Lawyers who promise specific numbers in the intake meeting are either being dishonest or are not paying attention to the variables. After a free consultation and a review of medical records, an experienced lawyer can usually give you a realistic range.
Do I have to go to court?
Most California injury cases settle without trial. The cases that settle do so because both sides have developed the facts enough to value the case realistically. The cases that go to trial usually do so because the defense undervalues the case or refuses to acknowledge liability. About 5 to 10 percent of filed cases reach a verdict. The rest resolve in mediation, settlement conferences, or direct negotiation.
What if I was partly at fault?
California is a pure comparative fault state. You can still recover even if you were partly at fault, with your damages reduced by your percentage of responsibility. We address this in detail in understanding comparative negligence in California.
What kinds of damages can I recover?
Economic damages (medical bills, lost wages, future earning losses, property damage), non economic damages (pain and suffering, emotional distress, loss of enjoyment of life), and in rare cases, punitive damages. The full breakdown is in what compensation injury victims can recover.
Should I talk to the other driver's insurance company?
Generally, no. Their job is to close your claim cheaply. Polite refusal of recorded statements is the right approach. Get the company name, claim number, and adjuster contact information for your own records, then refer them to your lawyer once you retain one.
Should I post on social media?
No, or at least not about the incident or your injuries. Insurers and defense lawyers monitor social media in every meaningful case. Photographs that look innocent become "evidence" your injuries are exaggerated. The safest approach is to lock your accounts and stop posting altogether during the pendency of the case.
What if the other driver was uninsured?
Your own uninsured motorist coverage may apply, and California requires insurers to offer UM coverage with every auto policy. UM coverage protects you when the at fault driver has no insurance, and UIM coverage protects you when the at fault driver has insufficient insurance.
Can I afford treatment without insurance?
Lien based medical providers exist throughout Los Angeles and California. They treat injured patients without payment upfront and recover their fees from the eventual settlement. Talk to your lawyer if affordability is preventing you from getting treatment. The treatment matters for your case as well as your recovery, which is why we cover the topic in the importance of medical documentation.
What if my case is denied by the insurance company?
Insurance denials are common and often not the end of the case. A formal claim through litigation often produces a different result than the initial pre suit negotiation. Bad faith claims are also available in some circumstances against insurers who unreasonably deny or delay coverage.
What if I was injured at work?
Workers' compensation covers most workplace injuries. But many workplace injuries also support third party claims against parties other than your employer, which recover damages workers' comp does not cover. The construction context is detailed in construction site injury claims.
Will my case go on my record?
Civil lawsuits are public record, but they are not criminal records. They do not appear on background checks the way criminal cases do. Settlement amounts are sometimes confidential, depending on the terms.
How does the firm communicate with me?
At Frances Dunham Law, you will speak with your attorney. Not just at the intake meeting. Throughout the case. The case manager handles administrative work. The attorney handles strategy decisions and your questions. The procedural lifecycle is laid out in how personal injury claims work.
For a free review of your California injury case, reach Jennie Levin through our contact page, or learn more about our practice areas.