Personal Injury
Accident claims, medical malpractice, and compensation rights
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FAQ AvailableHow do I obtain and use witness statements to support my California personal injury case?
To obtain and use witness statements, you must identify witnesses promptly, get their written accounts, and later use formal legal procedures like depositions if a lawsuit is filed. These statements a...
What are the procedures for resolving a dispute over medical treatment costs with an insurer in a personal injury claim?
To resolve a dispute over medical costs with an insurer, you must provide detailed evidence justifying the treatment, negotiate directly with the adjuster, and be prepared to file a lawsuit if a fair ...
How do I add a "loss of consortium" claim for my spouse in a serious personal injury lawsuit in California?
To add a loss of consortium claim for your spouse, you must join them as a plaintiff in your personal injury lawsuit by filing an Amended Complaint with the court. This new claim alleges that the defe...
What evidence do I need to prove a traumatic brain injury (TBI) in a California personal injury claim?
To prove a traumatic brain injury (TBI) in a California personal injury claim, you must present comprehensive medical evidence and expert testimony that directly links the accident to your injury and ...
How do I establish that a dangerous road condition caused my car accident for a claim against a government entity?
To establish a dangerous road condition claim, you must prove the government entity controlled the property, a dangerous condition existed that they knew or should have known about, and this condition...
Who is legally responsible if my child is injured at a school or daycare facility in California?
In California, the school or daycare facility is generally legally responsible for your child's injury if it was caused by the facility's negligence or a failure to provide a safe environment. Here ar...
What is the step-by-step process for collecting a judgment after winning a personal injury case in California?
Collecting your personal injury judgment involves using court-issued orders to legally seize the debtor's assets, such as wages or property, until the debt is paid. This process begins after the court...
How does the Medical Injury Compensation Reform Act (MICRA) cap damages in a California medical malpractice case?
The Medical Injury Compensation Reform Act (MICRA) limits the amount of money you can recover for non-economic damages, such as pain and suffering, in a California medical malpractice lawsuit. The law...
Where can I find and verify the license and disciplinary history of a potential personal injury attorney in California?
You can find and verify a California attorney's license status and public disciplinary history on the State Bar of California's official website. This public record system is the most reliable source ...
What steps do I need to take if I was injured as a pedestrian or cyclist hit by a car in California?
If you were injured as a pedestrian or cyclist hit by a car, you must prioritize your health and safety while preserving key evidence for a potential claim. The following steps outline the critical ac...
How do I document ongoing medical treatment and therapy to strengthen my personal injury claim?
To strengthen your personal injury claim, you must diligently attend all medical appointments and systematically collect every document related to your treatment and expenses. This documentation is th...
What are the special rules and shorter deadlines for filing an injury claim against a California government entity?
To file an injury claim against a California government entity, you must first file a formal Government Claim within six months of the injury. This is a strict and mandatory prerequisite before you ca...
How do I file a formal complaint against an insurance company with the California Department of Insurance?
To file a complaint against an insurance company, you submit a Request for Assistance (RFA) form with the California Department of Insurance (CDI), which prompts an official investigation. Here is a ...
What is the process for resolving a personal injury claim through mediation in California?
Mediation is a confidential negotiation process where a neutral third party helps you and the opposing party try to reach a voluntary settlement for your personal injury claim. If an agreement is reac...
How do I make a claim against a homeowner's insurance policy for an injury that occurred at their residence?
To make a claim, you must notify the homeowner of your injury and then formally report the incident to their insurance company to begin the claims process. Here are the steps to take to make a claim ...
What actions should I take if my own insurance company is unfairly delaying or denying my claim in bad faith?
If your insurance company is unfairly delaying or denying your claim, you can take specific actions to enforce your rights under California law. Here are the steps you should take to address potential...
How are non-economic damages, like pain and suffering, calculated for a settlement in California?
There is no rigid formula for calculating non-economic damages; they are determined through negotiation based on the severity and impact of the injury, supported by strong evidence. Here are the commo...
What is the procedure for formally rejecting a settlement offer and proceeding toward trial in California?
To formally reject a settlement offer and proceed toward trial, you must clearly communicate the rejection to the opposing party and continue to meet all court-ordered litigation deadlines. Here is t...
How do I find out the at-fault party's insurance policy limits in a California personal injury case?
You can obtain the at-fault party's insurance policy limits by making a formal pre-litigation demand or by filing a lawsuit and using the discovery process. Insurers are generally not required to disc...
What steps should I take if I was injured by a drunk driver in California, beyond the standard accident procedures?
If you were injured by a drunk driver in California, you can pursue both criminal restitution and a civil claim for punitive damages, which go beyond standard accident compensation. Taking specific ac...
How do I preserve evidence, like a defective product or damaged vehicle, for my California injury claim?
To preserve crucial evidence for a California injury claim, you must immediately secure and document the item and formally notify all parties that the evidence must be saved. Failing to do so can seve...
What is the procedure for scheduling and preparing for a deposition in a California personal injury case?
The procedure for a deposition involves formally notifying all parties of the scheduled date, time, and location, and then thoroughly preparing the witness to provide testimony. Here's how to schedule...
How do I respond to written discovery, such as interrogatories, in a California personal injury lawsuit?
To respond to interrogatories, you must provide written, truthful answers under oath and any legal objections to the questions within 30 days of when they were served. Here is how to respond to writt...
What are my rights and obligations if I am injured in an accident while driving for work in California?
If you are injured in a car accident while driving for work, you generally have two potential claims: a workers' compensation claim and a personal injury claim against the at-fault third party. Here i...
How do I file a claim if I was injured by a driver operating a ride-share vehicle like Uber or Lyft in California?
To file a claim for an injury caused by a rideshare driver, you must report the accident to both the police and the rideshare company, and then pursue a claim against the applicable insurance policy. ...
What steps can I take if I was a passenger injured in an accident caused by the driver of the car I was in?
As an injured passenger, you can file a personal injury claim against the at-fault driver's car insurance policy to cover your medical bills, lost wages, and other damages, even if that driver is a fr...
How do I prove damages for emotional distress in a California personal injury case?
To prove emotional distress damages in California, you must provide credible evidence demonstrating the nature, severity, and duration of your mental suffering caused by the defendant's actions. The g...
What is the process for "serving" a defendant with a lawsuit after it has been filed in a California court?
Serving a lawsuit involves formally delivering a copy of the court-filed Summons and Complaint to the defendant according to strict legal rules. This process, called "service of process," gives the de...
How do I handle a medical lien from a hospital or Medi-Cal on my personal injury settlement in California?
To handle a medical lien, you must formally notify the lienholder of your settlement, verify the charges, and negotiate a legally permissible final payment amount before receiving your funds. Here ar...
What is the statute of limitations for filing a personal injury lawsuit in California, and how is the deadline calculated?
In California, you generally have two years from the date of your injury to file a personal injury lawsuit. Here is how to determine and meet your specific deadline. Step 1: Identify the Date of Inju...
How do I prove a property owner was negligent after a slip and fall injury in California?
To prove a property owner was negligent, you must show they failed to use reasonable care to keep their property safe and that this failure directly caused your injury. Here are the steps to build you...
What steps should I follow if I discover a defect in a product that caused my injury in California?
If a defective product injures you in California, you should seek immediate medical care, preserve the product as evidence, and document the incident thoroughly. Here are the key steps to take to prot...
How do I obtain my medical records and billing statements needed for a personal injury claim in California?
To obtain your medical records and billing statements for a personal injury claim, you must submit a formal written request to each of your healthcare providers. California law grants you the right to...
What specific questions should I ask a personal injury lawyer in California before signing a contingency fee agreement?
Before signing a contingency fee agreement, you must ask specific questions to fully understand the lawyer's fee percentage, how case costs are handled, and who will manage your case. Here are the key...
How do I properly handle medical bills and health insurance subrogation claims during a California personal injury case?
To properly handle medical bills and subrogation, you must track all costs, notify your insurer of the claim, and negotiate a reduced reimbursement amount from your settlement based on specific Califo...
What are the steps to file a personal injury lawsuit in California's small claims court, and what are the monetary limits?
To file a personal injury lawsuit in California small claims court, you must file a claim form, pay a fee, and formally notify the person you are suing. The monetary limit for an individual is $12,500...
How do I respond to a low settlement offer from an insurance company in California?
To respond to a low settlement offer, you should formally reject it in writing and provide a counter-demand supported by evidence of your damages. Do not cash any check or sign any release form, as th...
What is the court approval process for a personal injury settlement involving a minor child in California?
In California, a court must approve any personal injury settlement for a minor to ensure the agreement is fair and the money is protected for the child's benefit. This process is known as a "Minor's C...
How does California's comparative negligence rule affect the settlement I can receive if I was partially at fault?
Under California's "pure comparative negligence" rule, your settlement amount is reduced by your percentage of fault, but you can still recover damages even if you were mostly responsible. Here is how...
What specific information should I include in a personal injury demand letter to an insurance company in California?
A personal injury demand letter in California should clearly state the facts of the incident, detail your injuries and all related financial losses, and make a specific monetary demand to settle your ...
How do I formally notify a property owner of a slip and fall injury on their premises in California?
To formally notify a property owner of a slip and fall injury in California, you should send a detailed written notice of your claim via certified mail to the property owner and their insurance compan...
When am I legally required to report a car accident to the California DMV, and what is the process?
You must report a car accident to the California DMV within 10 days if anyone was injured or killed, or if property damage exceeded $1,000 for any single person. This duty applies regardless of who wa...
What is the process for obtaining a police traffic collision report for my accident in California?
You can obtain your police traffic collision report by submitting a request to the law enforcement agency that responded to your accident. The process typically involves proving you are an involved pa...
How do I handle the first phone call from the other party's insurance adjuster after an accident in California?
Handle the first call from the other party's insurance adjuster by providing only basic identifying information, politely declining to discuss fault or injuries, and refusing to give a recorded statem...
What steps must I take immediately after being bitten by a dog in California to preserve my legal rights?
To preserve your legal rights after a dog bite in California, you must immediately seek medical care, report the incident to local authorities, and collect key evidence about the dog and its owner. H...
How do I calculate my lost wages and future loss of earning capacity for a California personal injury claim?
To calculate past lost wages, you must document the exact income you missed. To calculate future loss of earning capacity, you must project how your injuries will reduce your ability to earn money ove...
What is the step-by-step process for making an Uninsured/Underinsured Motorist (UIM) claim with my own insurance in California?
To make a Uninsured/Underinsured Motorist (UIM) claim, you must promptly notify your own insurance company, provide them with evidence of your damages, and formally prove the other driver was at fault...
How do I file a personal injury claim against a California city or county for an injury on public property?
To file a personal injury claim against a California city or county, you must first present a formal written claim directly to the responsible public entity within six months of your injury. This is a...
What are the exact steps to take if the at-fault driver in my California car accident is uninsured?
If the at-fault driver in your California car accident is uninsured, you must file a claim with your own insurance company under your Uninsured Motorist (UM) coverage. This specific coverage is design...
How do I properly document the scene of a car accident in California for a potential injury claim?
To properly document a car accident scene in California, you must safely gather immediate evidence, exchange information with all involved parties, and file official reports with law enforcement and t...
Legal Disclaimer
The information provided on this page is for general informational purposes only and does not constitute legal advice. Laws and regulations may change, and individual circumstances may vary. For specific legal issues, please consult with a qualified attorney licensed in California.