Table of Contents
If you have been injured through someone else’s negligence, you may have a personal injury claim. Many personal injury victims do not know what to expect. You might feel overwhelmed by the system if you have not been through the claims or court process before. Personal injury claims can be especially difficult if the insurance company is pressuring you to settle your claim quickly. It is advisable to consult your car accident lawyer, so you can get legal advice from someone who may advocate for you. Learn more about the personal injury case process so you can understand your legal options regarding potential compensation:
How Do I Know If I Have A Claim?
To support a personal injury claim, a plaintiff must be able to prove four separate elements of the case:
Duty
To bring a suit for negligence, the defendant must owe the plaintiff a duty of care. The law recognizes a duty of care in many different situations. Drivers owe a duty of care to other road users, doctors owe a duty of care to their patients, and retail property owners owe a duty of care to customers who enter their stores. The general level of care that is due is that of the “reasonably prudent person” in similar circumstances. So a doctor, for example, must treat a patient with the same level of care that another reasonably prudent doctor would use when presented with the same case. Drivers must also act as a “reasonably prudent” driver would in the same traffic scenario. Sometimes, there is an applicable traffic law that makes it easy to determine whether a driver was reasonably careful.
In many cases, there is more than one defendant who owed a duty of care to the plaintiff. A car accident, for example, could be caused by multiple drivers. For example, a manufacturer that produced a defective vehicle could be held liable for a car crash. It may be wise to consult with a personal injury lawyer about your particular case to help identify all potential defendants who may be involved in your case.
Breach
A breach of the duty of care is known as negligence. An individual or company that is negligent can be held liable to compensate victims for all injuries and losses caused by this negligence. This fact is why states require drivers to carry liability insurance. Many road accidents occur every day, and the damage caused by these accidents can get costly very quickly. Negligence does not only occur on the roads. It can appear on construction sites or in the workplace. It can occur when a store leaves a puddle for a customer to slip on. It can occur when a nursing home allows staff members to abuse or neglect its residents. Many everyday situations can constitute a breach of the duty of care.
Causation
Causation refers to proving that a defendant’s action (or inaction) directly resulted in the plaintiff’s injury or loss. Courts use two main tests: factual causation (whether the harm would have occurred ‘but for’ the defendant’s act) and legal (proximate) causation (whether the harm was a foreseeable result). Complex situations, such as pre-existing conditions or multiple accidents, can make causation harder to establish. This is why hiring an experienced lawyer for personal injury cases can be beneficial, because they know how to handle challenging issues of causation.
Damages
To pursue a claim, an injury victim must prove that he or she suffered damages as a result of the defendant’s negligence. That can include tangible losses (such as medical bills or lost wages) and intangible losses (such as pain and suffering). There are many types of losses you might suffer as a result of your personal injury. A personal injury lawyer may be able to help you identify and document these losses to support your compensation claim.
Comparative Negligence In California
California follows the rules of comparative negligence. Comparative negligence allows an insurance company or jury to apportion fault between two or more parties. In a car accident, for example, two drivers could be found fifty percent at fault for causing an accident. Or a construction accident could be 20 percent the fault of a foreman, and 80 percent the fault of the manufacturer that made a defective crane. When courts assess liability among various defendants, each defendant is only liable for compensating that portion of damages that he or she caused. In the fifty-fifty example, each driver could recover half of his or her damages from the other.
Comparative negligence also means that an injury victim can be partly at fault for causing his or her injuries. California law still allows injury victims to seek compensation from a negligent defendant, even if they were partly responsible for the accident. But your compensation will be reduced by your portion of fault. Because of this, insurance companies like to claim that victims are partly at fault for their injuries. When they do, it reduces the amount of compensation that they must pay on the claim. If there are disputes about who was at fault, your attorney can help gather and present evidence to support your position.
Suing A Government Entity
In some cases, a government entity may be held responsible for causing your injuries. For example, a government agency could be liable for an accident caused by a negligent bus driver employed by the city. Or perhaps the county left a gaping hole in the road that drivers could not avoid. Maybe a public college campus negligently maintained its grounds, causing a visitor to slip and fall. In all these cases, the injury victim might have a claim against the government.
There are special legal rules that apply to these cases. In some cases, the government will be immune from personal injury claims and ask for a court to dismiss your case entirely. Even if you can bring a claim against the government, there are special notice requirements. It is advisable to inform the government agency of your claim well before the statute of limitations expires. If you fail to do so, a court can dismiss your claim against the government altogether, and you may not receive any compensation from that agency.
Our team of personal injury lawyers at Arash Law has experience in handling personal injury claims against government entities. An experienced lawyer can explain your legal options and guide you through the necessary procedural requirements.
How Much Does A Personal Injury Lawyer Charge?
Unlike contract lawyers or criminal defense attorneys, most personal injury lawyers do not require payment up front. Instead, they work on a contingency basis, which means that you agree to pay the lawyer a set percentage of your settlement or jury award. If you don’t get compensation, the lawyer does not get paid. This arrangement means your lawyer works to pursue compensation on your behalf, with payment tied to case results.
If it is necessary to file a lawsuit in your case, the work performed by your lawyer is more complex and time-consuming. This fact is why most contingent fee arrangements require the lawyer to be paid a higher percentage if he or she must file a lawsuit. Clients may also be responsible for some costs associated with filing a case.
Do I Need A Lawyer?
To seek compensation for a personal injury, you typically need to file a claim with the defendant’s insurance company. Insurers possess significant experience and financial resources for claim management. Their legal teams work to mitigate liability, while claims adjusters follow specific protocols designed to control costs and protect their economic interests. Given insurance companies’ resources and trained adjusters, many injury victims find legal representation helpful in pursuing settlements.
It is also important to understand that a personal injury claim is not as simple as making a claim and getting payment. Insurance companies use specific strategies as part of their standard legal procedures. These include disputing liability, assigning comparative fault to the injured party, and challenging the causation of injuries. Furthermore, insurers may contest the amount of damages claimed, arguing for a lower settlement amount based on their own internal valuation guidelines. Without legal experience, addressing these common challenges can be difficult. You can hire an attorney to navigate these issues and advocate for your legal rights. Your attorney can manage the legal process and required paperwork so that you can focus on recovering from your injuries.
Is There A Time Limit To File A Claim?
California, like other states, has statutes of limitation. These laws set deadlines for filing a personal injury claim. While it might seem unfair to limit an injury victim from filing a claim, these rules are designed to encourage plaintiffs to bring their claims as soon as possible. Doing so helps to preserve evidence. The longer it is before a claim goes to trial, the more likely it is that evidence will be lost or destroyed, or that a witness can no longer be found, or that other critical evidence will not be presented at trial. These rules also prevent the courts from being backlogged with old cases.
For most accident cases, the statute of limitations is two years from the date of injury. (Medical malpractice cases must be brought within one year of discovering your injury or within three years of the date of injury, whichever occurs first.) This means that a lawsuit must be filed with the court within that timeframe. It is important to understand that you will want time to open a claim with the insurance company and negotiate a settlement prior to this deadline. Your lawyer will also need time to review evidence, find witnesses, and perform other critical investigations before advising you on whether or not to file a lawsuit. This is why it is advisable to consult with a lawyer as soon as possible after your accident. Missing the deadline may result in losing your chance to seek compensation.
How Much Is My Case Worth?
Insurance claims adjusters like to make settlement offers based on a simple calculation. They may use a ‘multiplier method,’ where medical bills are multiplied by a number (typically 1.5 to 5, depending on severity) to estimate pain and suffering. They add this to your tangible losses (such as documented medical expenses and lost wages) to make an offer. This process may be an easy way to determine the value of your claim, but it may not be a fair one in certain situations.
The true value of your case is affected by many factors. Pain and suffering can be a significant component of a personal injury claim, and their value varies significantly from person to person. Factors such as pre-existing medical conditions may affect the amount and type of compensation for pain and suffering that may be available in a personal injury claim. If a pregnant woman were injured and had to endure painful prenatal tests while worrying about the life of her unborn child, this would be more suffering. It is essential to take all the unique factors of your specific situation into account. A personal injury lawyer can review your case and provide guidance on how settlement offers are typically evaluated.
How Long Will My Case Take?
This question, too, depends on many unique factors. Some simple cases can be settled within a few weeks of the accident. More complicated cases might take a year or more. How long your case will take to settle depends on many factors, such as:
- Whether the insurance company disputes liability for the claim.
- The complexity of your injuries
- Whether you are claiming future expenses (such as medical expenses or decreased earning potential) that must be estimated.
- Other medical issues that contribute to your injuries, but which the defendant is not liable for.
Your personal injury attorney may give an estimate on how long your case will take after reviewing your medical records and beginning negotiations with the insurance company. If you are in a hurry to settle your case, you might feel pressured to accept an initial offer that fails to account for your losses. Rather than rushing, it’s important to wait until you have a complete understanding of your losses, including any potential long-term care needs and expenses. This fact is why it is crucial to take the time that is necessary to handle your case properly.
What If I Cannot Afford To Pay Medical Providers Up Front?
Of course, settling quickly is a genuine concern for many accident victims. If you are accruing medical bills during a time when you cannot work, you might be feeling severe financial pressure. There are things you can do to help ease your financial burdens while you are waiting for your case to be resolved.
If you have health insurance, the carrier is still obligated to pay for your medical expenses. They cannot deny a claim simply because it was related to an accident. This can help facilitate more timely access to healthcare. If your personal injury settlement pays for medical bills that were covered by your health insurance, the health insurance company may be entitled to reimbursement. However, this only occurs if you receive compensation for the medical bills from the defendant’s insurance company.
If you do not have health insurance, it may be possible to find medical providers who are willing to provide services without payment up front. Instead, they get paid by putting a lien on your potential personal injury settlement. Not all medical providers will agree to accept payment in this form. However, there are many chiropractors and other professionals who are willing to do this. If you are having trouble paying your medical bills, talk to your accident lawyer about options for getting treatment. It is essential not to delay getting the medical care you need.
What If My Child Is Hurt?
Parents and legal guardians have the right to bring a personal injury lawsuit on behalf of a child who is under the age of eighteen. In most cases, the statute of limitations will not begin to run until the child turns eighteen. This means that a personal injury case can often be brought up until the child’s twentieth birthday. But it is not a good idea to wait that long. Critical evidence can be lost if your attorney does not work to preserve it. Witnesses may be challenging to find, and even if you can find them, their memory of the accident will not be good years after the event. It is advisable to consult a personal injury lawyer to protect your child’s legal rights after the injury occurs.
What If The Victim Dies From His Or Her Injuries?
In the past, a personal injury case could not be brought at all if the victim died from his or her injuries. This gave defendants a “free pass” if their negligence was so significant that it killed the victim. This was a highly unfair rule, and legislatures around the country passed laws to allow for wrongful death lawsuits if a victim died as a result of the defendant’s negligence. Now, close family members (usually parents, children, and surviving spouses) can sue for wrongful death.
In a wrongful death lawsuit, the family cannot sue for the victim’s pain and suffering. Instead, the family sues for their suffering due to the loss of their loved one. This claim is known as “loss of consortium.” There are many other critical differences between a personal injury claim and a wrongful death claim. If you have lost a loved one as a result of negligence, consider working with a lawyer who has experience in handling wrongful death cases.
Will I Have To Go To Court?
Not every case must go to trial. In fact, the majority of civil cases across the United States are settled before trial. And many personal injury cases are settled with the insurance company before a lawsuit is even filed. This means that many personal injury victims have recovered compensation without ever having to go to court.
But if the insurance company refuses to make a fair settlement offer, your attorney might have to file a lawsuit to move the case forward. Some insurance companies make a fair settlement offer as soon as a lawsuit has been filed. Others will continue to deny the claim, and your lawyer must work the case up, potentially taking it to a trial before a jury. Your attorney can help you prepare for what to expect and answer any questions you may have about the process.
What Will Happen At My Deposition?
A deposition is an attorney’s opportunity to ask a witness questions “on the record.” The witness is placed under oath, which means that a witness can be prosecuted for perjury if he or she lies at a deposition. This makes a deposition a powerful tool for a lawyer gathering evidence about a case.
A lawyer does not have the authority to call a deposition until a lawsuit is filed in court. This means that you cannot be deposed if your accident lawyer negotiates a settlement with the defendant’s insurance company. Furthermore, if you have to file a lawsuit, the defendant’s attorney has the right to depose you. At the deposition, the attorney will ask you questions about the case while you are under oath. The attorney will likely ask you about how the accident happened, what type of injuries you sustained, what medical treatment you are receiving, and how your pain has affected your life. Give clear, simple answers, and do not offer more information than you have to. Your attorney can help you understand what to expect at a deposition and answer your questions about the process. While a deposition might be intimidating, it can be less daunting when you know what to expect.
What Can I Be Compensated For?
When negligence is proven, defendants may be required to provide compensation for losses directly caused by their actions. Property damage, medical bills, and lost wages are common sources of compensation. Pain and suffering damages may be available and are assessed based on the specific circumstances of each case.
In some cases, the victim suffers permanent injuries that will cause permanent financial losses. These victims may be able to pursue compensation for:
- All lost future earning capacity (including employment benefits).
- All future medical expenses that are reasonably likely to be incurred.
- Future care expenses (such as full-time nursing care in the home).
- Any modifications to the home necessary by the injuries (such as wheelchair ramps, accessible showers, etc.).
Lifetime costs must be projected by expert witnesses. Plaintiffs may call economists, vocational experts, and other specialists to testify about their projections of the victim’s expenses. In many cases, the plaintiff and defendant each have their expert witnesses who contradict each other’s opinions. In this “battle of the experts,” it is left to the jury to determine what amount will fairly compensate the victim for these future expenses. These are complicated legal issues where an experienced lawyer can provide guidance.
Call Us For Legal Assistance With Your Injury Claim
Our injury attorneys in California are ready to help you. Our lawyers have years of combined experience handling injury cases across the state. We serve clients in San Francisco, Riverside, San Jose, San Diego, Orange County, Sacramento, Sherman Oaks, and throughout California. Call (888) 488-1391 or complete our “Do I Have A Case?” form for a free initial consultation with one of our California personal injury attorneys at Arash Law.
