FAQ PERSONAL INJURY
What is Personal Injury?
Personal Injury is any physical or mental injury to a person that is the result of another person’s negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of California.
What financial compensation can I recover in a personal injury claim?
Accident victims may be entitled to recover money damages for all losses and expenses that they suffered as a result of the accident. Depending upon the particular circumstances of your case, damages may include recovery recovery for any of the following:
Lost Wages, including overtime
Pain & Suffering
Loss of Enjoyment
Loss of Love & Affection
Property Damage, and
All out of pocket expenses (transportation charges, doctor/hospital bills, medical equipment, etc).
How do I know if I have a case?
In order to prevail in a personal injury lawsuit in California, you must be able to show that you have been injured and that your injury resulted from the intentional or negligent conduct of another. The injury may be a physical injury or it may be an emotional injury.
How do I know if I need an attorney?
If you have been seriously injured in California and are unsure as to the outcome of your injury, consult an experienced California personal injury lawyer as soon as possible; before you give any statements or sign papers of any kind. There is a statute of limitations that requires you to file a lawsuit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from filing a lawsuit and obtaining any compensation for your injuries.
What is a Contingency Fee?
A contingency fee is a fee that is used by lawyers in most personal injury cases and is dependent upon the lawyer's successful resolution of your case. A contingency fee is paid as a percentage of your monetary recovery; typically it is one third of the awarded settlement. A contingency fee is what is meant when you hear “there is no fee unless we win your case."
If I have an injury case do I have to go to court?
Most cases in California are settled out of court between opposing lawyers, or by the lawyer for the plaintiff and the insurance company. If a case does go to trial, you most likely will have to appear so that your testimony can be heard.