Personal Injury FAQ's

Our law firm is dedicated to getting compensation for victims of all types of accidents from auto accidents or auto crashes, motorcycle accidents, truck accidents, car accident victims of drunk drivers, auto collisions with bicyclists or pedestrians.

This office has been helping people recover full and fair compensation for over 30 years. This office is available to handle all types of personal injury and fatal accident cases including:

Premises Liability
Slip and Fall
Trip and Fall
Lack of Security
Dog Bites
Medical Malpractice or Negligence
Government Liability including the State of California, counties & cities

Because this firm also includes workers compensation lawyer(s), many cases may include a claim for both worker compensation and personal injury. For example, if you are a delivery driver, and you are involved in an accident while making a delivery or doing some other duty for your employer, you may have a workers compensation case. Let us help you get all of the benefits to which you are entitled.

No Fee Unless We Win

All personal injury cases are handled on a contingency basis; we only charge if we obtain money for you.

If I am involved in an accident what information should I gather at the scene?

Be sure to get as much correct and complete information as you can at the scene of the accident. You and the other driver are required to show each other drivers' licenses and vehicle registrations. If you can, obtain:

Photographs of the autos, license numbers, skid marks, etc with your cell phone or camera if you have one at the time of the accident.

The other drivers' name, address, date of birth, telephone number, drivers' license number and expiration date and insurance company.

The other car's make, year, model, license plate number and expiration date and any other vehicle identification number.

The names, addresses, telephone numbers and insurance companies of the other car's legal and registered owners - if the driver does not own the car.

The names, addresses and telephone numbers of any witnesses. Ask them to stay and talk to the police. If they insist on leaving, ask them to tell you what they saw and write everything down.

Try to identify people at the accident scene, even if they will not give their names. For example, if a man who saw the accident drives off, take down his license plate number. Law enforcement officials can trace the owners name and address.

The name and badge number of the officer who comes to the accident. Ask the officer where and when you can get a copy of the Accident Report.

Should I say anything to the other driver, if I think the accident is my fault?

No. You may think you are the cause of the accident, but there may be issues of which you are not aware or issues of comparative negligence. Talk to your attorney before admitting liability. Anything you say to the police or other driver may be used against you later.

Should I see a doctor after the accident?

A check up may be a good idea for both of you and your passengers. You could be injured and not know it right away. If you don't have health insurance, your auto insurance may pay your health care bills, under the medical coverage portion of your policy.

Who pays for my injuries or damages to my automobile?

There are two major types of insurance: "liability" and "collision".

Liability: If you are not at fault, the other driver's liability insurance pays for your car damage and/or personal injuries.

If you are to blame for an accident, your liability insurance will pay the other driver for property damage and personal injuries up to your policy limits.

Collision: No matter who is at fault, your collision insurance pays for damages to your car, minus the policy deductible.

Other Source: Your health insurance may pay your medical bills. Also, your automobile insurance may have medical payments coverage. If so, it will pay the cost for your medical treatment. This coverage can be used in place of your other health insurance or in addition to it.

What if the other driver does not have insurance?

If the other driver is at fault, your own policy will pay for your personal injuries - if you have "uninsured motorist" or "medical payments" coverage.

If the other driver's insurance is not enough to pay for all of your damages, your own insurance may pay the difference, if you have "under insured motorist" coverage.

If you do not have these kinds of insurance or if your damages are more than the policy's limit, you may sue the other driver, and hope that he has the assets to pay.

What types of damages am I entitled to recover?

If the other driver was at fault, you may be entitled to compensation for all out of pocket expenses that were caused by the accident such as car damage, medicines, doctor visits, hospital expenses, car rental, lost wages, nursing care and other expenses, in addition to pain and suffering and loss of consortium.

How much time do I have to file a lawsuit?

There are time limits to filing various types of claims - usually two years after the accident, but you may wish to retain the services of an attorney to gather evidence and negotiate with the insurance company before the time limit runs out. Sometimes, you have less time if a governmental agency is involved. If minors are involved, there are different time limits.

If your damages are small, $7,500 or less, you may sue the other person in small claims court. Neither side is entitled to a lawyer. If your damages are higher, you will need your own lawyer. An insurance company lawyer cannot represent you if you are the person who is filing a lawsuit for your injuries.

How much will an attorney charge me?

Most, if not all, firms charge on a "contingent fee" basis. This means you do not pay unless you win some compensation, the attorney will charge you a percentage of the money you get. If you lose, you will not owe any money for their services, unless you agree to do so in writing. This fee is normally 33.3% or more if the matter proceeds to trial. This fee is fairly standard amongst personal injury law firms.

What if I am bitten by a dog?

The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge as such viciousness. Sometimes this is called strict liability, you do not need to prove negligence on the part of the owner of the dog.

Should I sign blank authorizations from the other party's insurance carrier?

Normally, an insurance company will not pay any money unless you allow them to obtain information from your employer, if you are claiming loss of wages, doctors, hospitals, etc. However, if you do so, you will be allowing them to get all records from those entities, whether they are related to your accident or not. You may be waiving your right to privacy. You should consult an attorney before signing any such documents.

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