Personal Injury Questions

In California the statute of limitations for most personal injury cases is two years from the date of the accident — miss it and you are generally barred from recovering. Claims against a government entity have a much shorter six-month claim-presentation deadline. You don't have to wait to begin, though: a claim can be made with the at-fault party's insurer right away. Because deadlines vary by case type, consult a qualified attorney promptly.

• Get to safety and check for injuries. Call 911 if anyone is hurt.
• Exchange driver, insurance, and vehicle information with the other party.
• Take photos of the scene, vehicle damage, license plates, and any visible injuries.
• Get contact information from any witnesses.
• Seek medical attention right away — even if you feel fine, some injuries don't show symptoms for hours or days.
• Report the accident to your own insurance company.
• Contact a personal injury attorney before giving a statement to the other party's insurer.

You may still be able to recover. California follows a "pure comparative fault" rule, which means you can recover damages even if you were partly to blame — your award is simply reduced by your percentage of fault. (See Cal. Civ. Code § 1431.2 and Li v. Yellow Cab Co. (1975) 13 Cal.3d 804.) Even a plaintiff who was largely responsible can still recover for the portion attributable to the other party.

It depends on several factors: the severity and permanence of your injuries, past and future medical bills, lost wages and lost earning capacity, pain and suffering, and the strength of the liability evidence. Every case is different — the only honest way to estimate value is a careful review of your specific situation. A free consultation is the best place to start.

Pain and suffering damages compensate you for non-economic harms — the physical pain, emotional distress, anxiety, sleep disturbance, loss of enjoyment of life, and other personal effects of your injury. California does not use a fixed formula. Instead, juries (and adjusters projecting jury outcomes) weigh the severity and duration of your injuries, how they affect your daily life and relationships, and the supporting medical evidence.

You may be able to make a claim under your own policy's Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. California law requires insurers to offer UM/UIM coverage with every auto policy unless the policyholder rejects it in writing. We can help review your policy and pursue every avenue of recovery available to you.

Yes. An injured occupant in another person's vehicle can make a claim for their injuries against the driver that caused the accident. If a third party caused the accident, a claim would be made with that individual's insurance company. If the driver of the vehicle you were riding in caused it, a claim could be made against that driver's policy. And in certain circumstances a claim can also be made under the injured occupant's own auto policy.

It depends. In slip and fall cases the plaintiff must prove that he or she was injured as a result of a fall caused, in whole or in part, by the property owner or tenant's negligence. A plaintiff who meets that burden may recover past and future medical bills, lost wages, pain and suffering, and loss of consortium.

Yes. In California, dog-bite liability is based on strict liability — almost any injury a dog causes will be deemed the fault of the owner, with a few exceptions such as trespassing. The two key elements of a California dog bite claim are that the defendant owned the dog and that a bite occurred which resulted in injury.

We handle the full range of California personal-injury cases — car, truck, motorcycle, pedestrian and bicycle accidents; slip-and-fall and premises liability; dog bites; wrongful death; and more. See our personal injury practice areas for the full list.