At the Offices of John J. Perlstein, one of the top personal injury law firms in California, we offer our clients expert guidance to tackle the convoluted injury claim process with ease. John J. Perlstein is the best California personal injury attorney with over 25 years of experience securing fair and just outcomes. When you need a skilled advocate to fight for you after an accident, turn to our personal injury lawyer (Los Angeles, California).
Below, we will answer some frequently asked questions (FAQ) regarding California personal injury law and the personal injury claim process.
What Qualifies as Personal Injury in California?
In California, personal injury refers to any physical, emotional, or psychological harm that one party causes to another — whether intentionally or due to negligence. Some of the most common cases that California personal injury lawyers handle include vehicle accidents involving cars, trucks, motorcycles, and trains, as well as others involving dog bites, fire incidents, and premises liability (e.g., slip and falls).
What Is the Time Limit for Filing Personal Injury Claims in California?
The statute of limitations is the time limit under which you must file a personal injury lawsuit before you lose your right to pursue a claim. Typically, you have two years from the date of the injury to file a personal injury claim in California — unless the delayed discovery rule applies.
How Long Do Most Personal Injury Claims Take?
It can take as little as a couple of weeks to as long as a year or more to settle a California personal injury case. The time frame depends on a variety of factors, including the type of accident, the severity of the injuries and harm sustained, whether or not the case moves to trial, and more.
How is Fault Determined in California Personal Injury Cases?
California follows a pure comparative negligence system. This means that damages are distributed based on the percentage of fault of each party. If the plaintiff is partially at fault or their negligence exceeds that of the defendant, they still have the opportunity to receive just compensation for the harm and injury caused. In comparison to contributory negligence, comparative negligence is a fairer way to award damages to the victim.
What Damages Can I Recover in a California Personal Injury Case?
Depending on the type of personal injury case and the severity of the accident, you can recover damages for medical expenses, lost wages, property damage, pain and suffering, emotional distress, and more. A personal injury lawyer (California) can help you seek the damages you deserve.
How Are Personal Injury Settlements Paid Out in California?
Generally, once a personal injury case is settled in California, you can either choose to get paid in full upfront (“lump sum payment”) or in smaller increments over time (“structured payments”). We advise speaking with one of our injury attorneys to determine the best plan of action for your specific situation.
After settlement, the insurance company usually issues a check in your name within 30 days of the settlement date. However, specific timelines and processes can vary depending on the case and agreements made during settlement negotiations.
How Do I File a Personal Injury Claim in California?
We highly suggest contacting a California personal injury lawyer to ensure you receive fair compensation. John J. Perlstein will do everything in his power to fight for you on your behalf to get the justice you deserve following an accident. You can reach us at (213) 583-5786 or fill out the form on our website to schedule a free consultation with a Los Angeles injury attorney.