PERSONAL INJURY – FREQUENTLY ASKED QUESTIONS

Q. What is a “Personal Injury Case”?

A. Personal injury claims stem from physical or mental injury to a person due to the negligence or harmful act of another party.  There are a variety of different types of injuries that may be addressed in personal injury cases. Below, I have listed a few of the more common examples:

a. Broken bones

b. Disc injuries in neck and spine

c. Amputations and lost fingers/toes

d. Total or partial blindness

e. Head or brain injuries

f. Loss of hearing/taste/smell

g. Burns and scaring

h. Chronic pain

Q. How long do I have, from the time of the accident, to file a lawsuit?

A. In California, the statute of limitations for an adult personal injury case is two years from the date of the injury. Injured minors (younger than 18 years old) have until their 20^th birthday to file a lawsuit or settle the case. If the defendant is a California government entity, you have six months to file a claim for damages.

Q. After I suffer a personal injury, what type of financial compensation is available?

A. Victims of personal injury are able to recover monetary damages for all losses and expenses that result from the accident. Examples of these damages are listed below:

                a. Lost wages

                b. Medical bills

                c. Property damage

                d. Pain & Suffering/Emotional distress

                e. All out-of-pocket expenses

                f. Mental anguish

                g. Embarrassment

                h. Loss of love & affection

Q.  If I am partly responsible for the accident, can I still collect for my injuries?

A. Yes! California has comparative negligence. This means that the fault of all parties involved is compared. The amount of damages given to the plaintiff will be reduced by the percentage of fault that the court assigns to the plaintiff. For example, if you were 40% responsible for an accident, you may still collect 60% of the value of the case.

Q. How do attorney fees work in personal injury cases?

A. Generally, personal injury attorneys accept cases on a contingency fee basis. This means that instead of paying an hourly fee, your attorney will be entitled to a percentage of the entire monetary recovery for the personal injury portion of the case. Standard fees usually hover around 33-40% of the gross recovery (this can vary greatly). However, it is typically the client’s responsibility to pay the upfront costs of pursuing their case.

If you feel that you have a personal injury claim and would like to speak with an experienced personal injury lawyer, call the SBCBA Lawyer Referral Service today! (805) 569-9400