Personal Injury FAQs

Find Answers to Frequently Asked Personal Injury Questions

The following answers to frequently asked questions are provided by the Oxnard personal injury attorneys at Crane Flores, LLP. These lawyers deal with these matters every day as they help individuals in Oxnard, Ventura, and Santa Barbara Counties who have been injured in a vehicle accident; by a dog bite, defective product or dangerous drug; through medical malpractice; or through another form of negligence or wrongful conduct.

What do I do if I have been in an accident?

Your primary concern should, of course, be for the safety of yourself and others. Attend to any injuries that you can, and call 9-1-1. An injured person should not be moved unless absolutely necessary. Do not administer first aid for which you are not qualified. Exchange information with the other driver, including name and contact information, as well as driver license and insurance information. If there were any witnesses to the accident, try to obtain their names and contact information as well. Take photographs of the scene, including property damage and physical injuries.

The police are usually called out to an accident where there is an injury. If your injuries prevented you from making a statement to the police, it is important to obtain a copy of the police report and review it for any inaccuracies or missing information. Your attorney can help you obtain a copy of the report.

Call an experienced personal injury lawyer as soon as possible. Your lawyer will want to begin immediately investigating the accident, collecting and preserving evidence, and preparing a case for eventual trial or settlement. Your lawyer can also advise you on how to obtain help with your medical care and insurance claim and make sure that your rights are protected.

How long do I have to file a claim?

Every type of claim has a statute of limitations that sets a time limit for filing a personal injury lawsuit. If that deadline passes and you haven’t filed a lawsuit, you may be forever barred from seeking a recovery in court. In most cases, such as automobile accidents or defective products, the statute of limitations to file a personal injury claim is two years from the date of the accident. However, in cases of medical malpractice, the period may be as short as one year or as long as three years or even longer if the injury is not immediately discoverable. Cases brought under the Jones Act must generally be brought within three years.

A major exception is cases where the defendant is a government entity. Under most applicable tort claims acts, you may have as little as six months to file a claim. It is important to contact an attorney as soon as possible to identify the proper limitations period and make sure you do not lose the right to file a lawsuit.

It is in your best interest to contact an attorney as soon as possible, not just to ensure that you do not miss the statute of limitations or other important timelines but to make certain that the accident will be thoroughly investigated. Your attorney will see to it that evidence, such as photographs of the scene and the recollections of witnesses, are collected and preserved.

How much will it cost to file a claim?

We take cases on a contingency fee basis, meaning that you do not have to pay unless and until we recover for you. Our fee will be based on a percentage of the recovery. The percentage we charge is a negotiable matter that can be discussed in our initial consultation. We can also advance filing fees and other costs associated with your case. Contact our office for a free consultation regarding your claim.

When will my case settle?

Most cases do, in fact, settle without the necessity of a trial. Many cases do not settle until just before trial, and some cases settle only after a trial is underway. It is impossible to say how soon a case will settle. Although we are always ready to settle for an appropriate amount, we prepare every case for trial from the very beginning, in order to secure the best possible outcome for our client. We never try to rush a settlement that is not in our client’s best interest. We are not here to take the most cases we can, settle them quickly, and move on to the next case. We are here to do the best job we can for our clients and get them the best recovery we can.

If you are concerned about being able to pay your bills while your case is pending, we can help you understand the insurance claims process and collateral sources of payment that may be available to you. We can help you obtain letters of protection from your doctors and explain other strategies that will help you stay afloat while you are waiting for your case to settle.