FAQ
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Personal Injury
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How long does a personal injury lawsuit take to settle?
If you recently got in an accident, there could be several questions that you are trying to get answers to. One of these questions typically involves the time it will take for a personal injury lawsuit to settle. The answer to this question is difficult to determine because each case is different. Every accident and every circumstance will vary. The time it may take to settle a personal injury lawsuit may range from a couple of months to a couple of years. A big factor to consider is the severity of your injuries and the treatment needed following the accident. If your injuries are minor, it may take less time to settle your case. If your injuries are severe, then it may take a longer time. Contacting a trusted personal injury attorney as soon as possible can help to ensure that your case gets settled as quickly as possible.
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What things should I say/not say to my insurance company when reporting an accident?
When reporting your accident to your insurance company, it's important that you do not provide more information than necessary or information that you are uncertain about. We recommend you avoid providing the following information until you have discussed your case with a personal injury attorney:
- Do not admit fault: It is up to the insurance companies to determine fault.
- Do not provide opinions, only facts: Speculating can sometimes lead to confusion and damage your case.
- Do not say that you were not injured: Until you have been thoroughly examined by a medical professional, you have no way of knowing whether or not you were actually injured in the accident.
While you should always be truthful with your insurance company, you do not want to provide too much information until you have discussed your case with a professional.
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Do I have to accept the personal injury settlement the insurance company offers me?No! In fact, we recommend that before accepting any settlements being offered (whether by the responsible party's insurance company or your own) that you consult with a personal injury lawyer. Until your case has been analyzed by a professional, you can't be sure that the settlement you're being offered is fair or will actually cover all of the expenses incurred by your accident.
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Does California enforce damage caps for certain injuries?A damage cap is put in place to limit the amount of compensation someone may receive for certain types of injury lawsuits. In California, there are several specific damage caps in place, one of which limits the amount of non-economic damages (pain and suffering) that may be recovered in a medical malpractice case to $250,000 (California Civil Code section 3333.2). To learn more about California personal injury damage caps, contact our Thousand Oaks personal injury attorney today!
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What kind of damages can I receive compensation for?In a personal injury case, you may be eligible to receive compensation for the following types of damages: medical expenses, lost wages, pain and suffering, and punitive damages.
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How long do I have to file my personal injury lawsuit?According to California state law, you are able to file a personal injury lawsuit up to 2 years following the date of your injury (California Code of Civil Procedure section 335.1). However, depending on your case, there may be exceptions to this law that shorten the amount of time you have. This law is known as the statute of limitations. As time goes by, it becomes more and more difficult to prove a personal injury case. Witnesses may begin to forget important details of an event and evidence may be harder to procure, so it's important to begin pursuing your case as soon as possible!
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