Personal Injury California: 25 Critical Questions (FAQ Answered)

If you’ve been injured in California, you probably have a lot of questions about your legal rights and options. This guide answers the 25 most critical questions about personal injury cases in California. We’ll keep things simple and direct to help you understand your next steps.

A personal injury case arises when someone is injured due to another person’s negligence or wrongful actions. Common examples include car accidents, slip and falls, and medical malpractice.

You have two years from the date of the injury to file a lawsuit, according to California’s statute of limitations. If the claim is against a government entity, you must file a notice within six months.

It depends on several factors, such as the severity of your injuries, medical expenses, lost wages, and pain and suffering. A lawyer can help you calculate a fair estimate.

While it’s not legally required, hiring an attorney greatly improves your chances of getting a fair settlement, especially if the case is complicated or involves serious injuries.

Most cases settle within six months to a year, but if it goes to trial, it could take much longer.

Yes, California follows a pure comparative negligence rule. Your compensation will be reduced by your percentage of fault.

1. Seek medical attention.

2. Document the scene and your injuries.

3. Get contact information from witnesses.

4. Contact a personal injury attorney.

Insurance companies look at medical expenses, lost wages, and other damages. They often start with a low offer to minimize their payout.

Pain and suffering refer to non-economic damages like physical pain, emotional distress, and loss of enjoyment of life.

Most personal injury cases settle out of court, but if a fair settlement isn’t reached, it may go to trial.

Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win. The fee is usually 30-40% of the settlement.

You’ll need medical records, police reports, witness statements, photos, and anything else that shows how the injury happened and its impact on your life.

Yes, emotional distress is part of non-economic damages in California personal injury cases.

You can file a claim under your own uninsured/underinsured motorist coverage if you have it.

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Your bills may be paid by your health insurance or through a medical lien, which means your doctors get paid from your settlement.

Work-related injuries are typically covered by workers’ compensation, but you may have a personal injury claim if a third party caused your injury.

You must show that the other party owed you a duty of care, breached that duty, and caused your injury as a result.

Yes, you can seek compensation for lost wages and future lost earning capacity.

Once you accept a settlement, you generally can’t go back for more compensation, even if your condition worsens.

1. Gather evidence and documentation.

2. File a claim with the at-fault party’s insurance.

3. Negotiate or file a lawsuit if necessary.

There’s no fixed average. Settlements can range from a few thousand dollars to millions, depending on the case.

Yes, certain family members, such as spouses, children, and dependents, can file a wrongful death lawsuit in California.

Yes, but they are only awarded in cases of extreme negligence or intentional misconduct.

California has a strict liability law for dog bites. The owner is responsible, even if the dog has no history of aggression.

Yes, but it’s risky. Insurance companies often offer much less to unrepresented claimants.

If you’re searching for “personal injury California,” you probably have a lot of questions. We hope this guide gave you simple, clear answers to help you understand your rights and what options you have.

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