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what are the most frequently asked questions regarding personal injury matters?

 

every case is as unique as a thumbprint.

for each and all faq, it is best to consult an attorney.

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What should I do immediately after a vehicle collision?
Seek medical attention, document the collision scene if possible, and gather contact information from witnesses. Avoid admitting fault, discussing the case on social media, or settling too quickly without understanding the full extent of your injuries. Contact a personal injury attorney to understand your legal options.

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How long do I have to file a personal injury claim in California?
Generally, you have two years from the injury date to file a personal injury claim in California. There are exceptions, so consult an attorney.​

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How does a personal injury claim differ from a lawsuit?

A claim is filed with the insurance company to seek compensation, while a lawsuit is a formal court process in the event a settlement cannot be reached.

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Who pays for my medical bills after an injury in California?
The at-fault party's insurance may ultimately pay, but your own health insurance or MedPay may cover initial costs. A settlement or verdict can provide reimbursement.

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What if I’m partially at fault for my injury? Can I still recover damages?
Yes, under California's comparative negligence rule, you can still recover damages, but they will be reduced by your percentage of fault. For example, if you’re 20% at fault, your damages are reduced by 20%.

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What types of compensation can I seek in a personal injury case?
You can seek compensation for medical expenses, lost wages, noneconomic harms (pain and suffering), and sometimes punitive damages.

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What’s the difference between economic and noneconomic damages?
Economic damages are quantifiable expenses like medical bills, while noneconomic damages include physical pain, mental suffering, physical impairment, emotional distress, inconvenience, etc. 

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How long does it take to settle a personal injury case?
Cases may settle in a few months to over a year, depending on complexity, insurance company cooperation, and medical recovery time.

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Can I negotiate with the insurance company myself?
Yes, but insurance companies may offer lower settlements. A personal injury attorney can help ensure you receive a fair amount.

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What factors can affect the settlement amount in my case?
Factors include the severity of injuries, degree of fault, available insurance, and potential long-term effects of the injury.

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Do I need a personal injury lawyer, or can I handle my case alone?
While you can represent yourself, a lawyer can better navigate legal complexities and help maximize compensation.

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What is the role of a personal injury lawyer in my case?
A lawyer advocates for your rights, handles negotiations, gathers evidence, and can file a lawsuit and litigate your case if needed.

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How much will hiring a personal injury attorney cost me?
Most personal injury attorneys work on contingency, meaning they only get paid if you receive a settlement or verdict.

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What if the person who caused my injury doesn’t have insurance?
You may seek compensation through your uninsured motorist coverage, or pursue a personal lawsuit if assets are available.

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What are uninsured/underinsured motorist claims in California?
These claims cover your damages if the at-fault driver lacks sufficient insurance to compensate for your losses.

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How does my own insurance coverage impact my case?
Your health insurance or MedPay may cover initial costs and affect the amount ultimately recoverable.

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Can I reopen a personal injury case after it’s settled?
Usually, no; once a case is settled, it’s closed. Only in rare cases of fraud or newly discovered injuries might reopening be possible.

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How much can I expect to receive in a settlement?
Settlement amounts vary widely based on injury severity, liability, and available insurance. each case is unique.

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Are there caps on damages in California personal injury cases?
California generally does not cap damages in personal injury cases, except in medical malpractice cases.

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What is the process for investigating a personal injury claim?
It involves gathering evidence like medical records, collision reports, witness statements, and sometimes expert testimony.

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What is a deposition, and will I need to give one?
A deposition is a formal interview taken under oath, often required in personal injury lawsuits to record your story. â€‹â€‹

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What is “strict liability,” and how does it apply in product liability cases?
Strict liability means a manufacturer can be liable for a defective product that caused harm, regardless of intent or negligence.​

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What if my injury prevents me from returning to work?
You may seek compensation for lost future earnings and vocational retraining if necessary.

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Can I file a personal injury claim on behalf of a family member?
Yes, typically if the family member is a minor or incapacitated and unable to file for themselves.

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What is wrongful death, and how is it different from a personal injury case?
Wrongful death cases seek damages for the loss of life caused by someone’s negligence, not just injury.

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What are punitive damages, and can I receive them in California?
Punitive damages are awarded to punish severe misconduct but are rare in most personal injury cases.

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How long will it take to get compensation?
Compensation timelines vary; simpler cases can settle in months, while complex cases might take over a year.

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What if I’ve been injured in a vehicle collision with an out-of-state driver?
You can still file a claim, and California law will apply if the collision occurred here, though insurance complexities might arise.

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What is a “statute of limitations,” and how does it affect my claim?
It’s the deadline for filing a claim; missing it can bar you from recovery, so it’s essential to act within California’s limits.

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Can I still file a claim if the injury happened on government property?
Yes, but claims against government entities have shorter deadlines and stricter filing requirements.

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What’s the process if I was injured by a public transit vehicle in San Diego?
Public transit injury claims often involve additional steps, including filing against government entities within a specific timeframe.

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How can social media impact my personal injury case?
Social media posts can be used against you, so avoid sharing details or anything that might downplay your injury.

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What if I was a passenger injured in a car accident?
You may file a claim against the driver at fault, even if that driver was the one you were riding with.

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Can I get compensation for emotional distress after an injury?
Yes, California allows emotional distress claims, typically under non-economic damages.​

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What if my injury requires long-term medical care?
You may seek damages for future medical expenses to cover ongoing care needs related to your injury.

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