COVID-19 NOTICE: For your safety and convenience we offer a variety of contactless options. Read more here.

10 frequently asked questions about personal injury cases

If you or a loved one experiences a car accident, medical malpractice, or a workplace accident, you could be eligible for a personal injury settlement. If you’re confused about how personal injury cases work or want to know how much you could get from your settlement, we have answers. Read through our personal injury settlements FAQs to find out what to expect from your case.

How Do I Know if I Have a Personal Injury Case?

Image via Unsplash by bill_oxford

You may have a case if you experience a personal injury due to the negligence of another person or organization. For example, car accidents and motorcycle accidents, dog bites, slip and fall, and police abuse can all fall under the umbrella of personal injury cases. In addition, product defects and workplace accidents can lead to personal injury cases.

However, it’s never your responsibility to determine if you have a viable case. An experienced personal injury attorney can review your situation and advise you on how to proceed.

What Do I Do After a Personal Injury Accident?

Experiencing a personal injury can be shocking and upsetting. You should always do your best to remain calm and get the medical care you need.

Do your best to remember or document as many details as you can. Refrain from apologizing or admitting fault, and remain silent if possible. Take photos or make notes about what happened immediately after the incident. If any witnesses saw what happened, get their contact information to follow up later.

What Should I Do if an Insurance Adjuster Contacts Me?

After experiencing an injury due to an accident or a defective product, the other party’s insurance company may contact you to get more information about the incident. Your responses could reduce the other party’s liability or compromise your case. That’s why it’s important not to answer their questions. Instead, direct the adjuster to contact your attorney or insurance company.

How Long Do I Have to File a Personal Injury Claim in California?

Every state has a statute of limitations for personal injury claims, and California is no different. In most cases, you have up to two years to file a personal injury lawsuit in California. However, some circumstances may change the amount of time you have to take action. Always talk with a lawyer as soon as possible after a personal injury to ensure you don’t miss an important deadline.

How Long Does It Take to Settle a Personal Injury Claim?

Every personal injury claim is different, and the time it takes to settle can vary significantly. Although most claims don’t go to trial, negotiating settlements with insurance companies can take several months. In general, the more significant your case is and the larger your settlement is, the longer it takes to resolve. In addition, complex cases tend to take longer to resolve, since both parties may need additional time to determine fault.

How Much Money Can I Get From a Personal Injury Settlement?

The settlement amount you receive depends on the total of the compensatory and punitive damages you’re awarded. Most settlements include compensatory damages, which cover:

  • Economic Damages: Direct costs, such as hospital and doctor bills, lost wages, and damage to your property.
  • Non-Economic Damages: Indirect costs, such as decreased quality of life or pain and suffering.

Although punitive damages are less common in personal injury cases, they can increase your settlement significantly. Punitive damages are considered punishments and are usually awarded when the defendant is found to be exceedingly negligent or even intentional.

Can I Appeal My Settlement Offer?

Until you’ve signed on the dotted line, you can almost always reject a settlement or negotiate for a better offer. In fact, additional negotiation may be in your best interest if the settlement offer doesn’t cover your costs or acknowledge the reality of the incident.

However, it’s important to remain reasonable when you receive an offer. If you do want to appeal an offer, your personal injury attorney can work with you to write a demand letter that outlines what happened to you and how much you would accept to settle the claim.

Do I Have to Pay Taxes on My Personal Injury Settlement?

The taxable nature of your settlement depends on what the money covers. In most cases, if the settlement covers your direct costs, such as medical bills, you don’t have to pay taxes. If you received punitive damages, however, the Internal Revenue Service considers it to be income. In most cases, you do have to pay taxes on any income you receive from a personal injury settlement.

How Do I Pay Medical Bills Before I Receive My Settlement?

Until you can prove that the other party is liable for your injuries, you have to cover the medical bills yourself. Rather than paying out of pocket, you may be able to rely on workers’ compensation, personal injury protection, or a delayed payment agreement with your health care provider.

Do I Need a Lawyer to Pursue a Personal Injury Case?

In some cases, you can resolve a personal injury claim independently. If the other party was clearly at fault in an accident, you may be able to negotiate with their insurance company.

No matter how clear-cut you think your personal injury case is, you should always talk with an attorney before filing a claim. Experienced personal injury attorneys know how to prove negligence, provide evidence, and respond to objections. If you need an expert witness to prove the other party was at fault, lawyers can access the right person. They also understand how to ensure that your settlement is as large as possible, giving you the justice you deserve.

How Does My Lawyer Get Paid?

At Lem Garcia Law, we have a no-win, no-fee guarantee. That means we don’t get paid until you do. In addition, the fee to Lem Garcia Law is never more than how much you receive at the end of your case.

Have more questions or want to file a personal injury claim? Contact Lem Garcia Law today and get a free consultation with our experienced legal team.

en_USEnglish