Personal Injury FAQ

  • Personal Injury

    • How long after my accident / injury does the statute of limitations begin?

      The statute of limitations goes into effect at the time of you accident; however, some injuries are not immediately apparent. If you and your doctor are unable to identify the injury shortly after the accident, the statute of limitations goes into effect from the time you discover the damages. From this point, you only have one year to file a claim.

    • How long do I have to file a lawsuit for my accident?

      After a serious injury, the California statute of limitations determines how long you have to file a claim, depending on the type claim that you want to file. According to the Judicial Branch of California, you must file a personal injury claim within two years of the initial accident; property damage claims are held to a three year statute of limitation. To file a claim against a government agency (such as the city), you only have six months to file your claim.

    • How long will my personal injury claim take?

      Like many facets of the personal injury claim process, the length of time that your case will take depends on its complexity. Some cases can take several years to settle; simple cases take significantly less time. You can discuss the potential length of your case with an attorney from our firm during your initial consultation.

    • Should I hire a personal injury attorney?

      By law, you are not required to retain an accident lawyer, but working without a legal representative can change the outcome of your case. Personal injury law is very complicated. With a lawyer, you could make a serious mistake in your claim.

      If you are seeking money from an insurance company, the claims adjuster might offer you an unfair settlement. With an aggressive lawyer by your side, the insurance company will know that you are serious about seeking full compensation for the accident.

    • Can my personal injury claim cover non-economic damages?

      Yes, your personal injury claim can include non-economic damages. This includes any distress, humiliation, pain, or suffering caused by the accident. Your claim should include all of the damages that you want to seek payment for in the claim. Otherwise, you may not be able to collect payment for each one of them.

    • What damages does a personal injury claim cover?

      A personal injury settlement can cover virtually any costs related to your injury/accident. This includes any money that you need for medical expenses, doctor's visits, hospitalization, physical therapy, etc. You can also include missed wages in your settlement.

    • Do I have access to my child's injury settlement?

      Generally speaking, parents are not allowed to access any money given to their child for a personal injury settlement. This is because some parents may take the money for their own benefit instead of the child.

      Your child's money will probably be placed in a blocked bank account that only he / she can access at the age of 18. The court may allow you to access the money sooner, but only if it is needed for the child's well-being or health.

    • What is the minimum amount for a personal injury settlement?

      There is no minimum amount of money allowed for a personal injury settlement; every case is determined by the unique facts surrounding the claim. Additionally, most jurisdictions do not have a cap on the amount of my money that you can receive through a personal injury settlement.

      In California, the amount of money that you can receive for noneconomic damages (pain, suffering, etc.) for a medical malpractice case is limited to $250,000; however, other injury settlements are not subject to this restriction.

    • How will I receive my personal injury settlement?

      If you file a claim against an individual, his / her insurance company is probably aware of the judgment. If the insurance is unaware of the settlement, you can notify the insurer. At this point, the insurance provider should issue a check for the settlement.

      If the responsible party does not have insurance, you may need to enter the settlement with the court. The court has the authority to enforce the judgment if the responsible party refuses to pay.

    • How much is my personal injury case worth?

      Every case is different. A variety of circumstances determine the value of your claim. Property damage, medical expenses, hospitalization fees, pain, and suffering, missed wages, and many other factors can affect the outcome of your case.

      You can even collect damages for future unemployment / missed wages and ongoing medical costs. Speak with a member of the legal team at Accident Attorneys to learn more about the potential value of your case.

    • Do I have a valid case?

      If someone else's negligence or carelessness caused your accident, you have the right to pursue financial compensation for your damages. Speak with a lawyer from Accident Attorneys to learn more about your legal rights and options with our firm. You can also fill out an online evaluation form for additional information about your unique case.