FAQ's: Frequently asked questions about personal injury legal cases in California.

When must I take legal action?
Most personal injury claims are subject to a two year statute of limitations. This means that in most cases you have to file a civil action within two years of the date of the accident or you may not recover any money. In claims against a government entity usually, a claim must be filed within six months.

There are a number of exceptions to the statue of limitations and you need to consult with an attorney as to what applies to your particular case.

When should I consult with or hire an attorney?
Immediately! Normally there is no charge for an initial consultation, so you have nothing to lose by talking to an attorney. Under most cases the attorney will accept the case on a contingency basis - that is the attorney will be entitled to an agreed percentage of what the case is resolved for and if there is no favorable resolution there would be no fee. The fees are generally the same whether you hire the attorney one week or several months after the accident. You may also hire an attorney on a straight fee basis as you would in a civil action. Delays in hiring an attorney may seriously jeopardize your claim. There is often substantial preparation that needs to be done in terms of investigation, accident reconstruction, obtaining witness statements, special damages and reviewing medical treatment and reports.

What contact should I have with an insurance carrier?
You should report your accident to your own carrier immediately. You need to cooperate with your own insurance company but remember that they are not always on your side. For example if the party at fault in the accident has no insurance or not enough to cover your claim you may eventually have to try to obtain a recovery against your own carrier. No matter how polite the insurance representative is they work for a business that probably follows the policy - the less we pay you the better job we are doing.
Other than getting the initial claim information from the other party's insurance adjuster - you probably should not give any statements without having an attorney present. If you do give a statement they may later use it against you and use it to contradict other statements that they are entitled to obtain from you once litigation has commenced.

What Should I Do About Medical Treatment?
You may go to your own doctor, through your own medical insurance carrier or HMO. However remember that under California law your insurance carriers, even your HMO may claim a lien on your claim for the full value of their services. Also, your HMO may cause delays or obstructions in your medical treatment that may damage your claim. Remember the HMO may make more money by giving you less treatment. You should always consult with your attorney.

Your attorney may be able to refer you to a medical professional who will either accept your insurance or work on a lien. Professionals who work on a lien agree to allow the delay of payment of medical expenses usually until after your case is settled. Your attorney may also be able to direct you to a variety of medical professionals based on your complaints.

Beware that insurance companies often treat the most legitimate of claims as being fraudulent. They are ready to pay thousands of dollars more in fighting claims than the actual value of the claim. They can usually get away with this in California because it is very difficult for you to sue them for bad faith. They usually lose nothing by delaying a claim or refusing to pay a reasonable amount of money. They do this to discourage attorneys and claimants from pursuing actions. Insurance companies will look for any excuse to validate their failure to pay. They may claim that you waited too long after the accident to seek treatment and therefore the injury is not related to the accident. They may argue that there are substantial gaps in treatment, or that the treatment or bills are excessive or unnecessary. They may claim that your complaints are entirely subjective (in your own mind) and there is no actual evidence supporting the claimed injury.

What do I need to do right after an accident?
Besides reporting the accident you should contact an attorney. If at all possible you should obtain the names, addresses and telephone numbers of witnesses, take pictures of the accident site and damages, write down a description of the other parties involved, what they said, what they did and any damages they suffered and if injured seek immediate medical attention.