Personal Injury FAQ

Home Personal Injury FAQ

This page will have answers to questions which are frequently asked by our clients.

How Long Will My Personal Injury Case Take?

You may wonder about the settlement time for a personal injury case if you or your loved one has recently suffered a personal injury. After all, it is only natural for a victim of an accident to want to know how soon he or she can expect payment to cover the costly expenses of recovery.

Most personal injury claims are settled between 6 and 18 months, according to one source. This is because receiving fair compensation can be either simple or complicated.

The nature of some types of personal injury cases typically requires extensive work to establish liability and thus would not be settled quickly. A medical malpractice case is an example of this. At the initial consultation, your lawyer would give you a general idea of how long it may take for you to receive a settlement.

Once you hire a personal injury attorney, he or she will begin the process for obtaining your settlement, which includes the following necessary steps:

Gathering evidence to establish liability from the at-fault party
Calculating a fair settlement amount based on your present and future losses
Negotiating a fair settlement with the insurance company

If you have suffered significant loss, the process for receiving a fair settlement is much more complicated and would require more time.

Some factors that may prolong the time for receiving a fair settlement are:

Major injuries: When a victim suffers severe injuries, it takes time for him or her to reach the maximum level of improvement from medical care. Settling the claim before this time could run the risk of the victim receiving a much lesser amount than he or she is legally entitled to receive.
Establishing liability: In some cases, the at-fault party may not be very obvious. Was it solely the other driver’s negligence that caused the crash, or was a faulty car part the cause? In cases of product liability, was it the designer or the manufacturer who was negligent? An extensive investigation would need to be performed to isolate the facts and prove liability.
Filing a lawsuit: In cases where a fair compensation amount would exceed insurance limits, or negotiations are unsuccessful, a lawsuit would need to be filed. The events leading up to a hearing in court can be very time-consuming. These steps would include interviewing eyewitnesses of the event, taking depositions, and scheduling a trial date with the court.

This list is not comprehensive. However, it does show that, in some cases, the delay in the process could be due to factors beyond the control of your personal injury lawyer or the opposing party.

Before you sign a settlement agreement, your lawyer should make sure that you understand its terms. Once that step is taken, the process of receiving your money after the law firm takes its fee is considered to be rather straightforward. You may receive your settlement within a few weeks or 2 to 3 months.

What Should I Bring to My First Consultation?

Now that you have likely scheduled your first consultation with a personal injury lawyer, you may be wondering how to prepare for that initial meeting. Although you may choose to go and just speak with the attorney, it would be best for you not to arrive empty-handed. The more information you bring to the initial consultation, the more your attorney can evaluate your case.

So, now you may be thinking, “What exactly should I bring to the initial consultation?” The following list presents some crucial information and documents that you should present to your lawyer:

Medical bills and records: Any bills you received from a doctor or medical facility for treating your injuries resulting from the accident would need to be given to your lawyer. If you are able to obtain copies of your medical records, which would highlight the extent of your physical injuries, provide these as well.
Proof of lost income: If you had to miss days or weeks from work due to the injury from the accident, then lost income would be included in the compensation amount. You should bring with you to the initial consultation anything that would establish income, such as pay stubs, 1099s, and tax returns. That would show lost days, such as letters from your employer.
Repair bills: If you have suffered property damage, such as in a car accident case, you should obtain an estimated total cost for repairs. Your attorney should also count property loss in the amount requested for settling your case.
Photos, videos, and witness information: Bring any photos and videos that you or others took at the scene of the accident, especially those of damages and potential hazardous conditions. Also, any photos showing the extent of your injuries should be included.
Insurance information: At the initial consultation, you should also have copies of your insurance policy and the other party’s insurance information on hand. Write down any information that was discussed with any insurance adjuster, if you’ve had such a conversation.
Police report: If you were able to obtain a copy of the police report before the consultation, you should bring it with you. Not only does an official document build credibility, but a police report will contain important details such as the date, time, location, and the officer’s opinion on how the accident occurred.

As is evident from this list, you should bring everything related to the accident that you have already obtained. This will help give your lawyer a more complete picture of what occurred, so that he or she can outline the steps that need to be taken to get you a fair settlement.

Lastly, do not forget to compile a list of questions that you may want to ask your lawyer. You can establish a good working relationship with your attorneys by asking:

About their strategy moving forward
For a general timeline for settlement
About their experience and background

Do I Need to Go to Court, or Will My Case Settle?

Perhaps you have already had your initial consultation with a personal injury lawyer and decided to retain the firm. Now, you may wonder how long the entire process of receiving compensation for your injuries may take.

The process of settling a case is often quicker and less complicated than going to court. According to one source, by far, the majority of personal injury cases are settled out of court. How will you know if your case can be settled or if it will need to go to court?

Your lawyer will attempt to negotiate a fair settlement if damages, negligence, and liability can be clearly established. However, in some cases, your lawyer may recommend arguing your case in court. He or she would suggest this path if it could improve your chances of receiving the full amount of compensation that you are legally entitled to receive.

Some of these factors include the following:

Denying liability: Sometimes the at-fault party, or his or her insurance company, will deny liability. When this occurs, the case would have to be argued in court to present the facts and hold the defendant accountable for damages.
Unsuccessful negotiations: Your lawyer will attempt to negotiate a fair settlement with the insurance company. Insurance adjusters are skilled at using tactics to attempt to lower the value of the claim. If an adjuster is not cooperative or fails to respond in a timely manner, then your lawyer will take the case to trial. This is because court may be the only recourse for receiving a fair settlement.
Larger settlement amount: If you have suffered damages that exceed insurance company limits, then your case would need to be settled in court in order to receive a larger settlement amount. For example, in cases of car accidents, drivers typically carry lower insurance policies, unlike vehicle accidents that involve commercial trucks.
Establishing a precedent: In some cases, a legal precedent may need to be established for use in future cases and to prevent potential future accidents. An example of this would be product liability cases, where a warning may need to be issued regarding the potential risks of using a product.
Punitive damages: In some cases, your lawyer may feel that an example must be set. So, he or she will seek punitive damages from the at-fault party. Punitive damages typically greatly exceed compensatory damages and are awarded for the purpose of punishing the negligent party. These types of damages are usually sought in cases of gross negligence or willful aggressive behavior.

This list is not comprehensive. It does, however, highlight some factors that might delay your receiving a settlement rather quickly.

Remember, though, that your personal injury lawyer is experienced in handling all types of personal injury cases. This includes successfully negotiating a fair settlement. So if he or she recommends a path that may cause a delay with your settlement, it would be with your best interests in mind.

Do I Need to Pay My Accident Lawyer Anything Up Front?

Short answer: No. In almost all personal injury cases, you don’t pay your lawyer anything up front.

That’s because accident attorneys almost always work on what’s called a contingency fee arrangement—meaning their fee is contingent (depends) on winning or settling your case. If there’s no recovery, you owe no attorney’s fee.

What Is a Contingency Fee?

A contingency fee is a percentage of the amount your attorney recovers for you—whether through settlement or trial. This arrangement allows injured people to have top-quality legal representation without worrying about hourly bills or paying legal fees in advance.

Here’s how it works:

If your attorney recovers nothing, you pay nothing for their time.
If your attorney obtains a settlement or verdict, their fee is taken as a percentage of that recovery.

Tiered Contingency Fees

Most contingency fee agreements are tiered—meaning the percentage changes depending on how far the case goes. In our firm, the standard structure looks like this:

Pre-litigation settlement:29% of the recovery.

(This applies if the case resolves before a lawsuit is filed.)

After filing but before trial setting conference: 33.33% of the recovery.

(Once we file your case in court, the amount of work and resources required increases significantly.)

After trial setting conference:40% of the recovery.

(At this stage, trial preparation is intensive—expert witnesses, depositions, and court appearances all require substantial investment.)

This tiered approach reflects the increasing time, expense, and risk involved as a case progresses.

What About Court Costs?

It’s important to understand that court costs are different from attorney’s fees. Court costs include:

Filing fees to start a lawsuit
Fees to obtain medical records
Expert witness charges
Deposition transcripts
Investigative expenses

In most personal injury cases, your attorney will advance these costs for you—meaning they pay them as the case progresses. These costs are then reimbursed from your settlement or verdict at the end of the case. If there’s no recovery, you usually don’t have to repay these costs, depending on your agreement.

No Upfront Money Needed

With a contingency fee arrangement:

You pay no money up front—not for attorney’s fees and usually not for costs.
Your attorney is investing their time and resources in your case.
They only get paid when you get paid.

This system levels the playing field. Accident victims can hire a skilled, experienced lawyer without worrying about how to afford it.

Final Word of Reassurance:

Hiring an accident lawyer should take stress off your shoulders—not add to it. With no upfront costs, no hourly fees, and payment only if we win, you can focus on healing while we handle the fight. We invest in your case from day one, because your recovery—both physical and financial—is our top priority.

I Was in a California Accident and Don’t Know Who Can Pay My Upfront Bills — Who Can Pay?

If you’ve been hurt in a California accident, one of the first worries you may have is how to cover medical bills right now—before your case settles or you receive any compensation from the at-fault party. Fortunately, there are several possible sources for immediate help.

Your Own Auto Insurance – MedPay Coverage

If you have Medical Payments Coverage (MedPay) on your auto insurance policy, it can pay your medical bills up to the policy limit, regardless of who was at fault for the accident.

No deductible and no copay.
Often covers you even if you were a passenger, pedestrian, or bicyclist.
If you are a passenger in someone else’s car, their MedPay coverage can also cover you—even if you don’t have your own auto policy.
Can pay for things like ambulance transport, ER visits, and follow-up care.

Tip: MedPay is often overlooked, so it’s worth having your lawyer check both your policy and the driver’s policy right away.

Your Health Insurance

Your regular health insurance—through your employer, the Affordable Care Act, or a private policy—can often cover your accident-related medical care.

You may still be responsible for deductibles, copays, and coinsurance.
Your health insurer may later request reimbursement from your settlement (called a medical lien or subrogation claim).
The advantage: you get the treatment you need without waiting for your case to resolve.

Medicare or Medi-Cal

If you’re eligible, Medicare (federal program) or Medi-Cal (California’s Medicaid program) can cover accident-related treatment.

Both programs have a legal right to be repaid from your settlement if they cover your bills.
They allow you to get timely medical care without paying upfront.
Your attorney can help ensure these liens are handled correctly and may negotiate them down.

Medical Treatment on a Lien Basis

If you don’t have insurance—or if you prefer not to use it—some doctors and medical providers will treat you on a lien basis.

A lien means the provider agrees to wait for payment until your case settles.
Common with orthopedic surgeons, physical therapists, chiropractors, and diagnostic imaging centers.
The provider is paid directly from your settlement.

Your lawyer can connect you with reputable lien-based providers who give high-quality care and fair billing.

Skilled Lawyers Can Guide You

Knowing which option to use—and in what order—can make a big difference in your recovery and in your final settlement amount. An experienced California personal injury attorney can:

Review your auto and health insurance policies for hidden benefits like MedPay.
Check whether the driver’s MedPay coverage can pay your bills if you were a passenger.
Help you access doctors who will treat you without upfront payment.
Make sure liens are valid and negotiate them down so you keep more of your settlement.
Coordinate all billing sources so you get timely care without unnecessary financial stress.

I Was in an Accident but Didn’t See a Doctor or Go to the Hospital Right Away — Can I Still Recover?

Yes — in many cases you can still recover compensation, even if you didn’t get medical treatment immediately after your accident.

While insurance companies often try to use a delay in treatment against you, there are many legitimate reasons people don’t seek care right away. A skilled personal injury lawyer can help explain those reasons, connect your injuries to the accident, and fight to protect your right to compensation.

Why People Delay Seeing a Doctor After an Accident

It’s more common than you might think for accident victims to wait before getting medical care. Some of the most common reasons include:

Thinking You’ll Quickly Recover

Many injuries — especially whiplash, concussions, or soft tissue damage — don’t seem severe at first. You may have expected to heal with rest, only to find your symptoms got worse over time.

Cost Concerns

Even with insurance, medical care can be expensive. Some people avoid treatment because they’re worried about bills, deductibles, or time off work.

Feeling Guilty or Responsible

Accident victims sometimes blame themselves — even partially — and feel hesitant to seek care. You might not want to “make a big deal” or cause trouble for the other driver, especially if they’re a friend or family member.

Not Realizing You’re Injured

Adrenaline and shock can mask pain right after an accident. Some injuries, like internal bleeding or certain brain injuries, have delayed symptoms.

Other Priorities or Responsibilities

Caring for children, work obligations, or other life events may cause you to put off your own care.

How Delay Affects Your Case

Insurance companies love to argue that if you were truly hurt, you would have sought treatment right away. A delay gives them an opening to claim:

Your injuries weren’t caused by the accident
Your injuries are exaggerated
Something else happened later to cause your condition

However, these arguments can often be overcome with the right legal and medical evidence.

How a Lawyer Can Help You Recover

An experienced California personal injury lawyer can:

Gather medical opinions linking your injuries to the accident, even if you sought care later.
Document your reasons for the delay — financial hardship, lack of symptoms at first, or other valid explanations.
Refer you to trusted doctors who can evaluate you now and explain how your condition likely developed from the crash.
Negotiate with insurance companies to counter their “delay in treatment” argument.

Why It’s Important to See a Doctor Now

Even if it’s been days, weeks, or longer since your accident:

Your health comes first — untreated injuries can worsen.
Medical records starting now are still valuable in proving your claim.
A prompt evaluation going forward can stop the insurance company from arguing that you ignored your injuries.

Bottom Line:

While immediate treatment is ideal, delaying medical care doesn’t automatically destroy your personal injury case. If you have a legitimate reason for the delay — and most people do — a skilled lawyer can help you tell your story, connect your injuries to the accident, and fight for the compensation you deserve.

How Long Do Accident Victims Have to File a Claim or Lawsuit in California?

The time limit for filing a claim or lawsuit after an accident in California is called the statute of limitations. While there are general rules, the reality is that it can be complex, and the deadline in your case may be different from someone else’s. That’s why it’s best to speak with an experienced personal injury lawyer as soon as possible after an accident.

The General Rule

In most California personal injury cases, you have two years from the date of the accident to file a lawsuit in court. If you miss this deadline, your claim can be permanently barred, no matter how strong your case is.

Important Exceptions and Special Situations

Claims Against Government Entities

If your accident involves a government vehicle, public bus, city truck, or other government employee, you must first file a government claim—often within just 6 months of the accident.

This is a strict, separate process that must be completed before you can file a lawsuit.
Failing to file on time can end your case before it starts.

Uninsured or Underinsured Motorist (UM/UIM) Claims

If you’re making a claim under your own auto policy for uninsured or underinsured motorist benefits, your policy may have shorter deadlines than California law—sometimes requiring notice within weeks or months.

Insurance contracts can be tricky, and missing a notice requirement can kill your UM/UIM claim even if you’re within the general statute of limitations.

Minors

If the injured person is a minor, the time to file is often extended until they turn 18, with the two-year period starting from that date.

However, this is not always the case—especially if a government entity is involved or if the claim is for certain types of damages.

Other Possible Time Limits

Medical malpractice cases generally have shorter filing deadlines.
Wrongful death claims have their own timing rules.
Claims involving defective products may also have unique limitation periods.

Why You Shouldn’t Wait

Even if you believe you have plenty of time:

Evidence can disappear — witnesses move, memories fade, and physical evidence gets lost or destroyed.
Insurance companies act fast to protect their interests.
Your lawyer needs time to investigate, gather records, and build your case before the deadline.

Bottom Line:

While most California accident victims have two years to file suit, many situations have shorter and more complicated deadlines. If a government entity or special insurance provision is involved—or if the injured person is a minor—the rules change. The safest move is to consult a skilled personal injury attorney immediately after your accident to protect your rights and avoid costly mistakes.

What Is Comparative Negligence and How Does It Affect My Case?

Sometimes, more than one person is responsible for causing an accident. In this case, the legal principle of comparative negligence applies. Using this rule, a judge, jury, lawyer, or insurance adjuster will assign each party a percentage of fault. The total compensation you receive depends on your share of the responsibility.

Consider this scenario: You get into an accident with a driver who ignored a traffic sign, but you were speeding at the same time. If you are found 20 percent liable and the other driver 80 percent, your recovery will be reduced by 20 percent. So if full compensation would have been $60,000, you can only recover $48,000.

There are four types of comparative negligence rules followed across the United States:

Pure comparative negligence: This rule allows you to recover damages for an accident even if you were up to 99 percent at fault. Currently, 12 states follow this rule for personal injury claims, including California, New York, and Washington. Additionally, Florida uses pure comparative negligence in medical malpractice claims.
Modified comparative negligence: This system allows at-fault plaintiffs to recover damages, but only if their level of fault is below a set threshold. In 10 states, including Colorado and Utah, the bar is 50 percent. This means that if you were 50 percent or more to blame, you cannot claim compensation. In 23 states, including Connecticut and Illinois, the bar is 51 percent.
Slight/gross negligence: In just one state – South Dakota – the slight/gross negligence rule applies. If your level of fault is deemed to be slight, you will receive a higher payout. If you were reckless, your fault may be considered gross, meaning you will recover a lower settlement.
Pure contributory negligence: There are 4 states, along with Washington, DC, that follow the pure contributory negligence rule. If you get injured in one of these jurisdictions and you were even slightly at fault, you will not receive any compensation.

If you were partly at fault for your accident, talk to a personal injury lawyer today to understand your rights to pursue compensation.

What Is a Lien, and How Does It Impact My Compensation?

In a personal injury case, a lien is a legal claim another party holds over the settlement or damages you may win. Due to the expenses arising from your injuries, you may owe money to a healthcare provider, an insurance company, or even a government agency, such as Medicare or Medicaid.

A lien gives these parties the right to be paid back directly from the compensation you receive when you receive a favorable judgment or a negotiated settlement. For example, after a car accident, you may require immediate medical attention.

Initially, your health insurance company may cover the cost of:

Surgeries
Consultations
Therapies
Medications

The insurance company has the legal right to place a lien on your compensation to recover the payments it made on medical expenses directly related to your accident. However, if your case is unsuccessful, you will not be required to pay the lien amount.

The following example shows how a medical lien could impact your compensation:

Settlement amount: Imagine your case settled for $200,000
Lien: Your health insurer places a valid lien on the settlement of $30,000
Net recovery: The lien must be paid first, leaving you with a net settlement of $170,000, before lawyer fees and other expenses

Once a case has settled, your personal injury lawyer has a legal duty to pay the liens first. However, in some cases, a personal injury lawyer may be able to negotiate a reduction of a lien.

Some insurance companies and government agencies may refuse to negotiate until the case has been settled. Since these parties typically do not prioritize lien negotiations, it can take many months for negotiations to begin.

Although there are no guarantees that a lien can be reduced, experienced attorneys understand the best way to approach negotiations to give you the best chance of reducing any liens placed on your personal injury settlement.

How Do Contingency Fees Work?

You may have seen personal injury lawyers advertise “No fees until you collect.” This is an example of a contingency fee; the lawyer’s payment is dependent on the outcome of your case.

Instead of charging you an hourly rate or a flat fee, your personal injury lawyer will receive a percentage of the compensation you recover through a settlement or trial judgment. If you do not win your case, there is generally nothing to pay.

Key elements of contingency fees include:

No upfront fees: You do not need to pay a lawyer at the beginning of your case. This allows you to hire an attorney and fight for your rights, even if you cannot afford to hire a lawyer out of pocket.
Percentage of recovery: Generally, you will have to pay a fee of between 30 and 40 percent of the amount recovered. It is important to read the fee agreement carefully before you sign it. The percentage may vary depending on various factors, including the complexity of your case and whether it goes to trial.
Case expenses: Attorney fees are just one of the expenses involved in pursuing compensation. There may also be filing fees, medical record requests, and expert witness fees. Your attorney may cover these fees upfront on the understanding that he or she will be repaid from your settlement.
Transparent fee agreement: According to the Model Rules of Professional Conduct, lawyers must state all expenses for which the client will be liable in the contingency fee agreement, so there are no surprises when you receive your settlement.

One of the advantages of the contingency fee arrangement is that personal injury lawyers are incentivized to recover maximum compensation for their clients, as their own payment depends on their clients’ success. Reputable personal injury lawyers are upfront about their contingency fee structure and how they handle expenses. This ensures that you know exactly how much of your settlement you will take home.

Will I Need to Pay Anything Out of Pocket?

In most personal injury cases, you will not have to pay out-of-pocket legal expenses to pursue your claim. Most personal injury lawyers work on a contingency fee basis, meaning their legal fees are paid out of your settlement or trial verdict, not out of pocket as the case progresses.

If your case is not successful, you generally will not owe any attorney fees. However, depending on the wording of the contingency fee agreement you sign, you may have to pay other expenses. Also, there may be costs associated with your medical treatment that you need to pay upfront.

Some important details to consider include:

Case costs: Your lawyer’s fees are just one of the costs associated with pursuing a legal claim. There may be other expenses, such as court costs, expert witness fees, or deposition expenses. Most firms advance these expenses during the case so you won’t have any out-of-pocket costs to pay. Depending on your fee agreement, you may have to pay these expenses out of your settlement or award.
Medical costs and liens: Medical expenses can quickly add up in personal injury cases, and insurance companies recognize that you may not be able to pay them out of pocket. It is common for the insurance company to file a lien on your settlement. If you are successful in your case, any liens must first be honored from the settlement or award before you receive the balance.
Deductibles and copays: While your health insurance may place a lien on your settlement for the cost of your medical treatment, you may still be responsible for paying any copays or deductibles out of pocket. However, your personal injury lawyer may be able to fight for you to recover these expenses as part of your settlement or award.

If your case is unsuccessful, you usually do not have to pay any attorney fees. You may be liable for certain costs, depending on the terms of your contingency fee agreement. Therefore, it is important to review your agreement very carefully before you sign, so there are no surprises at the conclusion of your case.

What Kinds of Damages Can I Recover?

If you have been injured because of someone else’s negligence or recklessness, personal injury law allows you to pursue damages — financial compensation — for your losses.There are three types of damages: economic, non-economic, and punitive.

Economic damages include all the tangible financial losses you incurred as a result of your accident.

These may include:

Medical expenses directly related to your injuries
Future medical costs, if your injuries have caused long-term medical conditions
Lost income, if you took time off work during your recovery
Loss of future earnings, if you can no longer work due to your injuries
Property damage, such as vehicle repair in a car accident
Out-of-pocket expenses, such as copays, medical equipment, or transportation costs

Non-economic damages account for the intangible cost of your accident. These losses are harder to put a dollar figure on, but are just as important.

Non-economic damages vary from case to case, but can include:

Pain and suffering
Emotional distress
Loss of enjoyment in life, if you can no longer engage in activities you used to love
Loss of consortium — a normal marital relationship
Loss of companionship or support, in the case of wrongful death

Punitive damages are the third type of compensation you may be able to recover in a personal injury case. Unlike economic and non-economic damages that aim to restore what you lost through your accident, punitive damages are designed to punish the at-fault party when his or her behavior has been particularly reckless or harmful.

Punitive damages are only awarded by courts and are never part of negotiated settlements. As such, they are rarely awarded.

Every case is unique, and the type of damages you can pursue depends on the laws in your state and the specifics of your accident. During a free consultation, a personal injury lawyer can explain the damages you may be able to recover in your case.