Millions of people sustain personal injuries across the United States annually. While some ignore the legal aspect, many pursue justice to ensure the guilty party pays for their wrongdoing.
It is essential to state that personal injury laws differ across jurisdictions. Hence, there are often several questions on personal injuries in California. This piece answers the four most frequently asked questions in the state:
How Do I Know I Need a Personal Injury Lawyer in California?
The gravity of your injury and the complexity of your claim will determine the necessity of engaging a personal injury lawyer. According to California law, a small claims court cannot entertain a claim that is worth $7,500.
However, you can bring as many claims as desired if their value is within $2,500. However, you cannot institute more than two claims in a calendar year when demanding more than $2,500.
Thus, you do not necessarily need the services of a legal professional if you sustain a minor injury without any threat of incapacitation or significant medical care. You can solve the case independently in a small claims court if it is within the financial limitations.
However, it is advisable to speak with a lawyer if you sustain a grievous injury or cannot reliably predict the case’s outcome. Such cases can quickly become complicated. Engaging an attorney in this context will help you leverage their resources and professionalism to deal with the case satisfactorily.
A well-trained California personal injury attorney understands all the rules, deadlines, and requirements they must meet for the claim to be valid. They will also expertly analyze the value of your claim to ensure the other side does not shortchange you.
You will need to deal with an insurance adjuster in a complex case. An adjuster will devise all tricks to reduce your claims to maximize profit for their organization. Thus, you need an attorney who understands complex insurance laws and policy standards to protect your rights and insist on a fair settlement.
Statistically, insurers pay more than twice as much as settlements when victims involve an attorney. Fortunately, most personal injury attorneys in California do not charge up to 50 percent.
What Is the Timeframe I Have to Engage a Personal Injury Lawyer in California?
Depending on the entity responsible for your injury and claim type, you have a specified period to file your lawsuit. This timeframe is known as the statute of limitations.
California’s personal injury law stipulates two years for injury victims to file their claims before it becomes time-barred. The cases under this two-year limit include product liability claims against a firm, manufacturer, trader, or any responsible entity in the distribution chain. Your time starts counting the moment you sustain the injury.
The claim you intend to file affects your statute of limitations as it can either lengthen or limit it. For instance, you must file a wrongful or negligent act that causes injury or death within one year of the harm date or when you discover the wrongdoing. According to the discovery rule, a suspicion of the ill act, knowledge of the injury, and its probable cause will signal the beginning of the statute of limitation.
The authorities may delay the limitation period in some exceptional circumstances. For instance, the limitation will not count for a claimant serving prison until they finish their prison time. However, if you are dealing with a government entity, you must file your claim within six months.
What Will It Cost Me to Engage a Personal Injury Lawyer in California?
Most California personal injury attorneys charge contingently, especially when they believe in the merits of your case. That is, you will agree on a specific percentage from your settlement.
On average, California personal injury attorneys charge between 25 and 40 percent of their client’s compensation. However, most charge a lesser percentage if they resolve the issue before trial. Ensure the attorney formalizes your contingency fee agreement and gives you a signed copy before starting the legal process.
“Some attorneys also include out-of-pocket expenses in their contingency or flat fee. Such expenses include deposition fees, filing fees, and expert witness fees. Most times, the lawyer’s out-of-pocket expenses are separate from the main attorney’s fees,” says personal injury attorney Jimin Oh of Solution Now Law Firm.
Attention to how your attorney will bill you for these costs is essential because they can quickly add up.
How Do I Determine the Worth of My Personal Injury Claim in California?
California personal injury victims often receive monetary compensation for their losses. A jury will consider several factors to determine the actual worth of a claim. The factors they often consider include the gravity of the harm, the negligence of the at-fault party, and the impact of the harm on your life.
The authorities calculate the loss using several grounds to adequately compensate you for the “loss of life” the injury has caused you. Specifically, they will calculate the medical expenses (current and anticipated), your earnings, the degree of fault, and the accident’s effect on your ability to work.
You can get substantial compensation if you sustain severe injuries and need extensive medical care, an extended period away from work, and permanent disability. This assertion is even more accurate for an agile, young, productive worker before the mishap. A crucial consideration in the value of one’s claim is the variation in the quality of one’s life before the mishap and what is obtainable after it.
Hence, a lawyer will explore these components to determine the worth of your claim, even though it is challenging to state the exact amount each personal injury matter is worth.
However, some factors may trigger the reduction of your settlement. An attorney’s incompetence, past medical history, prior claims history, and pre-existing conditions can reduce damages.
Similarly, the jury will reduce the damages proportionally if you partially contributed to the accident. California operates a pure comparative fault system. The system regulates the amount a plaintiff can receive in a case based on their degree of involvement in the matter.
You cannot recover compensation if you are 100 percent guilty of the incident. If you and the defendant contributed to the mishap, the authorities will reduce your compensation based on your level of fault. For instance, if you were 45 percent guilty, you would only receive 55 percent of the compensation amount.
