California FAQs

California Understanding Your Personal Injury Case FAQs

What Is a Personal Injury Case?

A personal injury case arises when someone gets hurt because of another person’s negligence or wrongful actions. These cases can involve car accidents, motorcycle crashes, slip-and-fall accidents, and other situations where someone else’s carelessness causes harm.

Personal injury cases can arise after many different types of accidents and incidents, including:

If you’ve been injured, you may be able to recover compensation for your medical bills, lost wages, pain and suffering, and other losses. A personal injury lawyer can help you understand your rights and determine whether you have a case.

How Does Comparative Negligence Work if I Was Partly at Fault?

You may still be able to recover compensation even if you were partly responsible for your accident. California follows a pure comparative negligence rule, which means your compensation is reduced by your percentage of fault.

For example, if your damages total $100,000 but you’re found 20% responsible, you could still receive $80,000. Even if you share most of the blame, you aren’t automatically barred from recovering damages.

What Is the Statute of Limitations for a Personal Injury Claim in California?

In most cases, California gives you two years from the date of your injury to file a personal injury lawsuit. If you miss this deadline, you could lose your right to seek compensation.

Some cases have different deadlines. For example, claims against government agencies often require you to file an administrative claim within six months. Speaking with an attorney early can help you avoid missing an important deadline.

How Do I Know if I Have a Valid Personal Injury Claim?

If someone else’s carelessness caused your injury, you may have a personal injury claim. Generally, you’ll need to show that the other party had a responsibility to act with reasonable care, failed to do so, and caused an injury that resulted in damages.

You don’t have to figure this out on your own. Mission Personal Injury Lawyers can review what happened, discuss the evidence, and help you understand whether you have grounds to pursue compensation.

How Much Is My Personal Injury Claim Worth?

There’s no set dollar amount for a personal injury claim because every accident and injury is different. The value of your case depends on how badly you were hurt, the cost of your treatment, and how the injury has affected your work and everyday life.

Your claim may include compensation for medical bills, lost income, future treatment, pain and suffering, and other losses. The amount of available insurance coverage and whether you share responsibility for the accident can also affect your recovery.

A personal injury lawyer can review your circumstances and help estimate what your claim may be worth.

How Long Will My Personal Injury Case Take to Resolve?

Some personal injury claims settle in a few months. Others can take a year or longer, especially when injuries are serious or the insurance company disputes who was at fault.

One important factor is your medical recovery. Settling too early could mean accepting compensation before you know how much additional treatment you’ll need.

Your attorney can keep you informed throughout the process, explain what’s causing any delays, and help you make informed decisions about settlement offers.

What Is the Burden of Proof in Personal Injury Cases?

A personal injury case has a lower burden of proof than a criminal case. You typically must prove your case by a “preponderance of the evidence.” This means you must show it is more likely than not that the defendant caused your accident and is liable for your injuries.

If your case goes to trial, you must convince a jury that there is a greater than 50% chance that your case is true based on the testimony, evidence, and legal arguments you present.

When seeking punitive damages, you must present “clear and convincing” evidence that you are entitled to such damages. This burden of proof is higher than the burden for seeking compensatory damages.

In some cases, you may have a claim under more than one legal basis. Each legal theory in California can have a different standard of proof. The burden of proof can also shift.

What Damages Can I Recover After an Accident or Injury?

Damages for a personal injury claim may include economic damages, non-economic damages, and punitive damages.

Economic damages are the financial losses and expenses you incur because of the accident or your injuries. Examples include lost wages, medical expenses, travel expenses, personal care costs, and help with household chores.

Non-economic damages are the “pain and suffering” you experience because of another party’s negligence. It includes the emotional, physical, and mental suffering you experience. It also includes scarring, disfigurement, and permanent impairments. You may also be entitled to compensation for a decrease in your quality of life or loss of enjoyment of life.

Punitive damages are not common in personal injury cases. Punitive damages “punish” the at-fault party for conduct that amounts to fraud, oppression, or malice.

You may also receive compensation for damage to personal property, as in a motor vehicle accident. However, a property damage claim is separate from a personal injury claim.

Will I Need to Go to Trial for My Personal Injury Case?

Most personal injury cases settle without going to court. Our lawyers work diligently to obtain a settlement as quickly as possible. Still, we never hesitate to file a lawsuit if that is the best way to protect your right to fair and just compensation for damages.

What Is a Settlement Agreement?

A settlement agreement is a legal contract that explains the terms of your settlement of a claim. The agreement releases all parties from any future claims.

Therefore, before you sign a settlement agreement, talk with a personal injury lawyer. Once you sign the settlement agreement, you cannot demand more money for your claim. If you discover additional damages, you are personally responsible for them since you released all parties from further liability.

California Working with Mission Personal Injury Lawyers FAQs

How Much Does It Cost to Hire a Personal Injury Lawyer?

At Mission Personal Injury Lawyers, we handle personal injury cases on a contingency fee basis. That means you don’t have to pay attorney’s fees upfront. Instead, our fee comes from a percentage of the compensation we recover for you.

If we don’t recover compensation, you generally won’t owe attorney’s fees. We’ll explain our fee structure and how we handle case expenses before you decide to work with us.

Do I Need a Lawyer if I'm Submitting a Claim to Insurance?

You can file an insurance claim without hiring a lawyer. However, insurance companies don’t always agree with injured people about who was at fault or how much a claim is worth.

If you’re dealing with serious injuries, mounting medical bills, or an insurance company that’s questioning your claim, having a lawyer can make the process easier. An attorney can handle the paperwork, gather evidence, and negotiate with the insurer while you focus on getting better.

Should I Try to Settle Directly with the Other Party's Insurance Company?

You can negotiate directly with the other party’s insurance company, but it’s worth being cautious. An early settlement offer might seem helpful when medical bills are piling up, but it may not account for future treatment or time you’ll need away from work.

Once you accept a settlement and sign a release, you generally can’t go back and ask for more money for the same claim. Before agreeing to anything, consider having a personal injury lawyer review the offer.

What Should I Do If an Insurance Adjuster Calls Me After an Accident?

It is not in your best interest to answer questions or make a written or recorded statement without consulting with an attorney. Likewise, you should not sign any documents until an attorney reviews them.

Adjusters protect the best interests of the insurance company. They work to reduce the insurance company’s liability for your claim. In other words, adjusters try to pay as little as possible for your claim.

It is best to allow an attorney to handle all communications, claims, and negotiations with the insurance company for the at-fault party.

What Should I Look for When Choosing a Personal Injury Lawyer?

Choosing a personal injury lawyer is an important decision. Look for someone who has handled cases like yours, communicates clearly, and takes the time to understand how your injuries have affected your life.

You should also feel comfortable asking questions about fees, the legal process, and what to expect as your case moves forward.

What Has Mission Personal Injury Lawyers Recovered for Injured Clients?

Mission Personal Injury Lawyers has recovered over $150 million for injured clients throughout California. Our California personal injury lawyers have helped people pursue compensation after car accidents, motorcycle crashes, truck collisions, slip-and-fall accidents, and other serious incidents.

We know that an injury can affect much more than your physical health. It can disrupt your work, strain your finances, and make everyday life more difficult. Our goal is to take some of that burden off your shoulders while we handle the legal side of your case.

California Car & Motorcycle Accidents FAQs

What Should I Do Immediately After a Car Accident?

A car accident can leave you shaken and unsure what to do next. Your first priority should always be making sure you and everyone else involved are safe.

If you’re able to, take these steps:

  • Move to a safe location, if possible, and call 911 if anyone is injured.
  • Exchange contact and insurance information with the other driver.
  • Take photos of the vehicles, damage, and accident scene.
  • Get the names and contact information of any witnesses.
  • Seek medical attention, even if you feel fine at first.
  • Notify your insurance company about the accident.

California also has accident reporting requirements that may apply to your crash. Once you’ve addressed your immediate needs, speaking with an attorney can help you understand what to do next.

Who Pays for My Medical Bills After a Car Accident?

Medical bills can start arriving long before your car accident claim is resolved. In California, you’re generally responsible for your medical expenses as you receive treatment, even if another driver caused the crash.

Your health insurance or medical payments coverage may help cover some of those costs. If the other driver was at fault, you may be able to recover your medical expenses through a personal injury claim. A lawyer can help you explore your options and pursue reimbursement.

What if the Other Driver Doesn't Have Insurance?

Finding out that the driver who hit you doesn’t have insurance can be frustrating, especially when you’re already dealing with injuries and vehicle repairs.

You may still have options. If you carry uninsured motorist coverage, your own insurance policy may help cover your injuries. You might also be able to pursue a claim directly against the at-fault driver, although collecting compensation can be difficult if they don’t have sufficient assets.

An attorney can review your coverage and help you determine the next steps.

Do I Need a Lawyer for a Minor Car or Motorcycle Accident?

Not every accident requires a lawyer. If the damage is minor, no one was hurt, and the insurance company handles everything fairly, you may be able to resolve the claim yourself.

However, some injuries don’t become noticeable until hours or days after a crash. If you develop symptoms, need medical treatment, or run into problems with the insurance company, it’s worth speaking with an attorney.

A free consultation can help you decide whether legal representation makes sense for your situation.

What Makes Motorcycle Accident Cases Different from Car Accident Cases?

Motorcyclists have much less protection than people riding in passenger vehicles. Even a crash at a relatively low speed can cause serious injuries, including broken bones, head injuries, and road rash.

Motorcycle accident claims can also be more challenging because riders sometimes face unfair assumptions about how they were driving. An insurance company might try to blame the motorcyclist without fully considering the evidence.

A motorcycle accident lawyer can investigate what happened, address disputed fault, and help you pursue compensation for your injuries and losses.

California Truck Accidents FAQs

What Makes a Truck Accident Case Different from a Car Accident Case?

Accidents involving large commercial trucks are often more complicated than crashes between passenger vehicles. Because trucks are so much bigger and heavier, these collisions can cause severe injuries and extensive damage.

Truck accident cases may also involve trucking companies, commercial insurance policies, and federal safety regulations. Important evidence can include driver logs, maintenance records, and information stored in the truck’s electronic systems.

An attorney familiar with truck accident claims can help investigate the crash and identify who may be responsible.

Who Can Be Held Liable for a Truck Accident?

The truck driver isn’t always the only person responsible for a truck accident. Depending on what caused the crash, several parties may share liability.

These can include:

  • The truck driver: If speeding, distraction, fatigue, or another negligent action caused the accident
  • The trucking company: If its negligence contributed to the crash or it’s legally responsible for the driver’s actions
  • Maintenance providers: If poor repairs or neglected maintenance led to a mechanical problem
  • Cargo loading companies: If improperly secured or overloaded cargo contributed to the collision
  • Truck or parts manufacturers: If a defective component caused the accident

Determining who is responsible can take a thorough investigation. Identifying all liable parties can also make a difference in the compensation available for your injuries.

How Long Does It Take to Settle an 18-Wheeler Accident Case?

Some 18-wheeler accident cases settle within a few months, while others take a year or longer. It depends on how serious your injuries are, whether fault is disputed, and how willing the insurance companies are to negotiate.

If you’re still receiving treatment, it may be important to wait until your doctors have a clearer picture of your recovery before settling. Cases involving multiple defendants or that go to trial can take longer.

Your attorney can explain what to expect based on the details of your case.

California Slip and Fall & Premises Liability FAQs

Who Is Liable in a Slip and Fall Case?

Property owners and others responsible for maintaining a property have a duty to take reasonable steps to keep it safe. If someone fails to address a dangerous condition and you get hurt as a result, they may be held responsible.

For example, a grocery store could be liable if an employee knew about a spill but failed to clean it up or warn customers. However, not every fall means the property owner was negligent.

A slip-and-fall lawyer can review what happened and help determine whether you have a valid premises liability claim.

What Should I Do After a Slip-and-Fall Accident?

If you’ve been hurt in a slip-and-fall accident, getting medical attention should be your first priority. Even if you think your injuries are minor, having them checked by a doctor can help protect your health.

If possible, take pictures of the hazard that caused your fall, report the incident to the property owner or manager, and collect contact information from witnesses.

Keep copies of your medical records, bills, and any communications about the accident. These details may be important if you decide to pursue compensation.

California Workers' Compensation & Workplace Accidents FAQs

Am I Entitled to Workers' Compensation if I'm Injured at Work?

If you’re injured while doing your job in California, you may qualify for workers’ compensation benefits. Most employees are covered, and you generally don’t have to prove that your employer caused the accident.

Depending on your injury, benefits may cover medical treatment, a portion of your lost wages, and certain disability-related expenses.

It’s important to report your injury to your employer as soon as possible. If your claim is denied or you’re unsure what benefits you should receive, an attorney can help you understand your options.

Can I Sue My Employer Instead of Filing a Workers' Compensation Claim?

In most situations, California workers’ compensation laws prevent employees from suing their employers for ordinary negligence related to a covered workplace injury. Instead, injured workers typically seek benefits through the workers’ compensation system.

However, there are exceptions. You may also have a separate personal injury claim if someone other than your employer caused your injury, such as a negligent contractor, driver, or equipment manufacturer.

A lawyer can review your accident and determine whether you have grounds for a claim beyond workers’ compensation.

California Wrongful Death & Settlements FAQs

What Is a Wrongful Death Claim in California?

Losing someone you love is difficult enough. When their death could have been prevented, your family may also be left with questions about what happened and who is responsible.

A wrongful death claim allows certain surviving family members and other eligible individuals to seek compensation when a person dies because of someone else’s negligence or wrongful actions.

In California, compensation may include funeral expenses, lost financial support, and the loss of companionship, care, and guidance. While no amount of money can replace a loved one, a wrongful death claim can help ease the financial burden and hold the responsible party accountable.

Who Can File a Wrongful Death Claim in California?

California law allows certain family members and other eligible individuals to file a wrongful death claim. These may include the deceased person’s spouse, domestic partner, children, and certain other relatives.

In some cases, people who depended financially on the deceased may also qualify.

The rules can be complicated, especially when several family members are involved. A wrongful death attorney can help you understand who is eligible to file and what compensation may be available.

How Long Do I Have to File a Wrongful Death Lawsuit in California?

In most cases, California gives eligible family members two years from the date of their loved one’s death to file a wrongful death lawsuit.

However, certain situations have shorter deadlines, including some claims involving government agencies. Other exceptions may also apply.

You don’t have to rush into making legal decisions while grieving, but speaking with an attorney early can help protect your family’s rights and preserve important evidence.