Frequently Asked Questions
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Frequently Asked Questions About Personal Injury Cases
If you or a loved one has suffered injuries due to someone else’s actions, you may be entitled to file a personal injury claim. At Justin For Justice, our dedicated California personal injury attorneys can help you evaluate whether you have a case and pursue the compensation you deserve.
Below, we answer some common questions about personal injury cases in California. This information is general and should not be considered legal advice. Please contact us for guidance tailored to your specific circumstances.
How much does it cost to hire a personal injury lawyer?
We operate on a contingency fee basis, meaning you pay nothing upfront. Our lawyers receive a portion of any compensation recovered on your behalf. If we don’t secure compensation, you owe us nothing. Schedule a consultation with our injury attorneys to learn more about our fees and how we work.
What types of damages can I seek?
California allows personal injury victims to pursue two main types of damages: economic and non-economic damages.
- Economic damages cover direct costs related to the injury, including:
- Medical bills and treatment expenses
- Medications
- Physical therapy and rehabilitation
- Necessary medical equipment
- Home and vehicle modifications due to disability
- Lost income and reduced earning capacity
- Property damage, such as vehicle repairs
- Non-economic damages compensate for intangible losses like pain, suffering, disfigurement, and emotional distress. In some cases, you may also be eligible for punitive damages, which is intended to punish the responsible party for egregious behavior.
For wrongful death cases, family members may seek compensation for both economic losses (like funeral expenses) and non-economic damages, such as loss of companionship and support.
Can I still recover compensation if I was partly at fault?
Yes. California follows a comparative negligence rule, which allows you to seek compensation even if you share some responsibility for the accident. Your compensation, however, will be reduced by the percentage of your fault. For instance, if you are found to be 30% at fault, you may still recover 70% of the total damages.
What’s the difference between negligence and intentional injury?
Intentional injury occurs when someone deliberately causes harm, such as in cases of assault or bullying. Negligence, however, refers to situations where a party fails to meet a standard duty of care, leading to injury.
For example, a truck driver has a duty to operate their vehicle attentively. If they cause an accident due to distraction, this would likely be considered negligence.
Certain cases, like dog bites, fall under strict liability, meaning the responsible party can be held liable regardless of intent or negligence.
What is the statute of limitations for personal injury claims in California?
The statute of limitations in California generally allows two years from the date of injury to file a personal injury claim. Missing this deadline can result in losing your right to seek compensation, so it’s crucial to contact an attorney as soon as possible after an injury.
How long does it take to resolve a personal injury case?
The timeline for a personal injury case varies significantly based on factors such as:
- The complexity of the case
- The severity of injuries
- The number of parties involved
- The willingness of the at-fault party to negotiate a fair settlement
If your case goes to trial, it may take longer. Our attorneys will guide you through each step, provide an estimated timeline based on your unique case, and help you understand the best course of action.
What should I do immediately after a personal injury accident?
After an accident, your priority should be your health and safety. Seek medical attention as soon as possible, even if you don’t feel injured right away—some injuries can manifest later.
Then, if you’re able, document the accident scene by taking photos, collecting witness information, and filing a police report if applicable. Contacting a personal injury attorney early can help you understand your rights and protect your claim.
How is pain and suffering calculated in a personal injury case?
In California, “pain and suffering” is a type of non-economic damage that compensates for the physical pain, emotional distress, and overall impact on your quality of life caused by the injury. Courts and insurance companies often use multipliers based on the severity of your injury to calculate these damages. An experienced attorney can help determine the appropriate amount to seek, considering factors such as the extent of the injury, impact on daily life, and necessary medical treatment.
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