FAQs

What constitutes a personal injury case?
A personal injury case arises when someone is injured due to another’s negligence or wrongful act, such as in car accidents, slip and falls, medical malpractice, or product defects.
How do I know if I have a valid personal injury claim?
If someone else’s negligence caused your injury and you suffered damages (e.g., medical expenses, lost wages), you likely have a valid claim.
What should I do immediately after sustaining a personal injury?
Seek medical attention, document the scene, gather witness information, and contact an attorney before speaking to insurance companies.
How long do I have to file a personal injury lawsuit?
The statute of limitations varies by state. In most states, you have 1–3 years from the date of injury to file.
What types of compensation can I receive in a personal injury case?
You can recover damages for medical bills, lost income, pain and suffering, emotional distress, and property damage.
How is pain and suffering calculated in personal injury claims?
It’s typically calculated using the multiplier method (medical costs × a factor) or a per diem method (daily rate for suffering).
Do I need a personal injury lawyer, or can I handle the case myself?
A lawyer improves your chances of maximizing compensation, especially in complex or high-value cases.
How much does it cost to hire a personal injury attorney?
Most work on a contingency basis, meaning they only get paid if you win, typically 25%–40% of the settlement.
What is a contingency fee agreement?
It’s an arrangement where the attorney receives a percentage of the compensation only if you win the case.
How long does it typically take to resolve a personal injury case?
Cases can take months to several years, depending on complexity, negotiation, and court schedules.
What is the difference between a settlement and a trial verdict?
A settlement is a negotiated agreement; a verdict is a decision made by a judge or jury in court.
Will my personal injury case go to trial?
Most personal injury cases settle out of court. Only a small percentage go to trial.
What factors affect the value of my personal injury claim?
Factors include severity of injuries, medical expenses, lost income, pain and suffering, and insurance policy limits.
How does insurance impact my personal injury case?
Insurance often covers medical costs and damages, but adjusters aim to minimize payouts. Legal help is crucial.
What is the role of negligence in personal injury cases?
Negligence proves fault. To win, you must show the other party failed to act reasonably, causing your injury.
Can I still recover damages if I was partially at fault for my injury?
Yes, in comparative negligence states, compensation is reduced by your percentage of fault.
What is the statute of limitations for personal injury cases in California?
In California, you have two years from the injury date to file a personal injury lawsuit.
How do pre-existing conditions affect my personal injury claim?
Pre-existing conditions may reduce your claim’s value, but you can still recover damages if the injury worsened them.
What should I expect during the personal injury lawsuit process?
The process involves investigation, filing, discovery, negotiations, and possibly trial if no settlement is reached.
How can I maximize the compensation in my personal injury case?
Document everything, follow medical advice, avoid admitting fault, and hire an experienced personal injury attorney.