How long do I have to file a personal injury claim in California?
For most injury claims the deadline is two years from the date of the injury. That window is much shorter when a government entity is involved, because a claim against a public entity generally must be presented within six months of when the claim accrues. Deadlines can shift in specific situations, so the safest assumption is that the clock started the day of the incident.
What should I do right after a car accident?
Get medical attention first, even if you feel fine, because some injuries appear days later and gaps in treatment get used against injured people afterward. Exchange information, photograph the scene and the vehicles, and collect contact details for any witnesses. Report the accident as required. Be careful about giving a recorded statement to the other driver insurance company before you have advice.
The insurance company already offered me money. Should I accept it?
Be cautious. Early offers are usually made before the full extent of an injury is known, and accepting one normally ends the claim permanently, including for treatment you have not received yet. Once you sign a release you generally cannot go back for more, even if your condition turns out to be worse than anyone realized at the time.
What if the accident was partly my fault?
You may still be able to recover. California follows pure comparative fault, which means your compensation is reduced by your percentage of responsibility rather than eliminated. Someone found thirty percent at fault can still recover seventy percent of their damages. Insurance companies frequently argue for a larger share of fault than the facts actually support.
What if the other driver had no insurance?
You may still have a claim through your own policy. Uninsured and underinsured motorist coverage exists for exactly this situation and is included on many California policies unless it was expressly declined in writing. There may also be other responsible parties beyond the driver. It is worth having the policy reviewed rather than assuming there is no coverage available.
What does it cost to hire a personal injury lawyer?
Personal injury cases are typically handled on a contingency fee, which means the attorney is paid a percentage of any recovery and there is no fee if there is no recovery. California law requires that the percentage and the handling of case costs be set out in a written fee agreement, a signed copy of which is provided to the client.