Personal Injury Frequently Asked Questions

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.

What Is a Personal Injury Claim in California?

A personal injury claim is your legal right to seek money when someone else’s carelessness causes you harm. This means you can ask for payment to cover your medical bills, lost wages, and the pain you’ve experienced.

In California, personal injury claims cover many situations where negligence leads to injury. Car accidents are the most common, but you can also file claims for slip and falls, dog bites, defective products, or workplace accidents. The key is proving that someone else’s actions or failure to act safely caused your injuries.

What Should I Do After an Accident?

The steps you take right after an accident can make or break your ability to get fair compensation. Every action matters, from the moment the accident happens until you settle your case.

Seek Medical Care First

Your health comes before everything else. Even if you feel fine, you should see a doctor as soon as possible after any accident.

Adrenaline can mask serious injuries like internal bleeding or brain trauma. Some injuries, like whiplash or herniated discs, may not show symptoms for hours or even days. Getting medical care immediately creates a paper trail that links your injuries directly to the accident.

Document and Report the Incident

If you’re physically able, start gathering evidence at the scene. This information becomes the foundation of your personal injury claim.

• Take photos: Capture the accident scene, all vehicles involved, your visible injuries, road conditions, and any relevant traffic signs or signals
• Get witness information: Ask anyone who saw what happened for their name and phone number
• Call the police: An official police report provides an unbiased account of what happened
• Keep all receipts: Save every bill related to the accident, from towing costs to prescription medications

Avoid Recorded Statements and Quick Settlements

Never admit fault or apologize at the scene, even if you’re just being polite. Insurance companies can use these statements against you later.

Insurance adjusters will contact you quickly, often within hours of the accident. They may seem friendly and helpful, but their job is to pay you as little as possible. You don’t have to give them a recorded statement, and you shouldn’t sign anything without talking to a lawyer first.

Do I Have a Personal Injury Case?

You have a valid personal injury case if you can prove four basic elements. These elements form the legal foundation that every successful claim must have.

First, the other person had a duty to act safely around you. For example, all drivers have a duty to follow traffic laws and drive carefully. Second, they broke that duty through careless or reckless behavior. Third, their actions directly caused your injuries. Finally, you suffered real damages like medical bills, lost income, or physical pain.

At Crane Flores Injury & Car Accident Lawyers, we offer free consultations to review your situation and help you understand whether you have a strong case. We’ve helped countless clients across Ventura and Santa Barbara counties determine if they have valid claims.

How Long Do I Have to File in California?

California gives you two years from the date of your injury to file a personal injury lawsuit. This deadline is called the statute of limitations, and missing it almost always means losing your right to compensation forever.

However, some situations have different deadlines that are much shorter:

• Government claims: You have only six months to file a claim against a city, county, or state agency.
• Medical malpractice: One year from when you discovered the injury, or a maximum of three years from when it occurred
• Minors: The two-year clock doesn’t start until the injured person turns 18

Don’t wait to get legal help. Evidence disappears, witnesses move away, and memories fade with time.

What Damages Can I Recover?

California law allows you to seek compensation for both your financial losses and your personal suffering. We work to identify every type of damage you’ve experienced to maximize your recovery.

Economic damages are easier to calculate because they have clear dollar amounts. Non-economic damages require more skill to prove and value properly.

How Much Is My Personal Injury Case Worth?

Every case is different, and the value depends on many factors specific to your situation. The severity of your injuries, your medical costs, lost income, and how the accident affects your daily life all play important roles.

Online calculators can’t give you an accurate estimate because they don’t know the details of your case. Factors like permanent disability, scarring, or the need for future surgeries can significantly increase your case’s value. Insurance companies often make quick, low offers hoping you’ll accept before you understand the full extent of your injuries.

We evaluate each case individually, considering both your current losses and future needs. Our experience helps us recognize when insurance companies are trying to shortchange our clients.

What if I Am Partly at Fault?

California follows a pure comparative negligence rule, which means you can still recover money even if you were partially responsible for the accident. Your compensation is simply reduced by your percentage of fault.

For example, if your total damages are $100,000 but you’re found 30% at fault, you would receive $70,000. Even if you’re 90% at fault, you can still recover 10% of your damages.

Insurance companies often try to blame victims more than they deserve to reduce their payouts. Having an experienced attorney protects you from unfair fault assignments.

Will My Case Settle or Go to Trial?

More than 95% of personal injury cases settle without going to trial. Settlements offer guaranteed money and faster resolution, while trials can take years and have uncertain outcomes.

However, we prepare every case as if it will go to trial. This preparation shows insurance companies we’re serious about fighting for fair compensation, which often motivates them to make reasonable settlement offers.

If the insurance company won’t offer fair compensation, we’re ready to take your case to court. Our trial experience gives us leverage in negotiations that insurance companies respect.

How Long Does a Personal Injury Case Take?

Simple cases with clear fault and minor injuries often settle relatively quickly. Complex cases involving serious injuries, disputed fault, or multiple parties may take one to two years or longer.

The timeline depends on several factors:

• Your medical treatment: We can’t settle until you’ve finished treating or reached maximum medical improvement
• Investigation complexity: Gathering evidence and expert opinions takes time
• Insurance company cooperation: Some insurers negotiate in good faith, others drag out the process
• Court schedules: If we file a lawsuit, court calendars can add months to the timeline

We keep you informed throughout the process and work efficiently to resolve your case as quickly as possible while maximizing your recovery.

What Should I Expect During My Case?

Your main job during your personal injury case is focusing on your recovery. Follow your doctor’s treatment plan, attend all appointments, and document how your injuries affect your daily life.

We handle all the legal work while you heal. Our team gathers evidence, communicates with insurance companies, and builds the strongest possible case on your behalf. We provide regular updates so you’re never left wondering about your case’s status.

Our bilingual staff ensures clear communication whether you’re more comfortable speaking English or Spanish. We believe every client deserves to understand exactly what’s happening with their case.

How Do I Deal with the Insurance Company?

Remember that insurance adjusters work for their company, not for you. Their job is minimizing payouts to protect their employer’s profits.

When they contact you, protect yourself by following these guidelines:

• Don’t give recorded statements: You’re not required to provide one, and they can twist your words against you
• Don’t sign medical authorizations: These give them access to your entire medical history, including unrelated conditions
• Don’t accept quick settlement offers: Early offers rarely reflect the true value of your claim
• Refer them to your lawyer: Once you hire us, tell adjusters to contact our office directly

Keep detailed records of every conversation with insurance representatives, including dates, times, and what was discussed.

Do I Need a Personal Injury Lawyer?

Although you can legally represent yourself, studies show that people with lawyers receive settlements averaging three times higher than those who represent themselves. Insurance companies know that unrepresented victims often don’t understand their rights or the true value of their claims.

Personal injury law involves complex rules, tight deadlines, and aggressive insurance tactics. Our experienced attorneys know how to value claims properly, negotiate effectively, and meet all legal requirements.

At Crane Flores Injury & Car Accident Lawyers, we offer free consultations with no obligation. There’s no risk in getting professional advice about your options, and you might be surprised by how much your case is worth.

How Do Contingency Fees Work?

We handle personal injury cases on a contingency fee basis, which means you pay no upfront costs. Our fee comes from your settlement or court award, so we only get paid when you win.

This arrangement typically ranges from 33% to 40% of your recovery, depending on the complexity of your case. We also advance all case expenses like expert witness fees, court costs, and investigation expenses.

Contingency fees ensure that everyone has access to quality legal representation regardless of their financial situation. You’re never out of pocket for legal costs, and we’re invested in getting you the best possible outcome.

What if I Have a Pre-existing Condition?

Having a pre-existing condition doesn’t disqualify you from recovering compensation. California follows the “eggshell plaintiff” rule, which means defendants must take victims as they find them.

If the accident worsened your existing condition or caused new problems, you can recover for the additional harm. For example, if you had mild back pain before a car accident that caused severe disc herniation, you can seek compensation for the worsening condition.

Be honest about your medical history because insurance companies will discover pre-existing conditions anyway. We work with medical experts to distinguish between old injuries and new accident-related harm.

What if the at-Fault Driver Is Uninsured or Underinsured?

California requires all drivers to carry uninsured/underinsured motorist coverage, which protects you when at-fault drivers lack adequate insurance. This coverage steps in when the other driver has no insurance or not enough to cover your damages.

Check your own auto insurance policy for UM/UIM coverage limits. Hit-and-run accidents are treated as uninsured motorist claims since you can’t identify the at-fault driver.

We help clients navigate these complex coverage issues to find all available compensation sources. Sometimes multiple insurance policies can provide coverage for a single accident.

How Do I Handle Medical Bills and Lost Wages Before Settlement?

The financial pressure from mounting medical bills and lost income can be overwhelming while your case is pending. You have several options to manage these costs.

For medical expenses, you might use your health insurance, medical payments coverage from your auto policy, or arrange treatment on a lien basis where doctors wait for payment from your settlement. Some medical providers in our network will treat accident victims without upfront payment.

For lost wages, check if you have short-term disability coverage, sick leave, or vacation time available. Avoid predatory lawsuit loans that charge extremely high interest rates.

What if the Accident Involved a Government Agency?

Claims against government entities have special rules and much shorter deadlines. You must file an administrative claim within six months of the accident, not the usual two years.

Government liability cases are more complex due to immunity laws and damage caps. Missing the six-month deadline almost always bars you from recovering any compensation.

Whether your accident involved a city bus, dangerous road conditions, or faulty traffic signals, these cases require immediate attention and specialized knowledge.

What Should I Bring to My Free Consultation?

Gather whatever documents you have, but don’t let missing paperwork prevent you from seeking help. We can still evaluate your case and help you obtain necessary records.

Helpful documents include:

• Police reports or incident reports
• Photos of the accident scene and your injuries
• Medical records and bills
• Insurance policies (auto, health, disability)
• Correspondence with insurance companies
• Witness contact information
• Pay stubs showing lost wages

The most important thing is to get legal advice quickly to protect your rights and preserve evidence.

Personal Injury FAQ

Do I Need to Give a Recorded Statement?

You are not required to give a recorded statement to any insurance company without your attorney present. Politely decline and contact a lawyer first, as adjusters are trained to ask questions that can weaken your claim.

Will My Immigration Status Affect My Case?

Your immigration status does not prevent you from seeking compensation for injuries in California. You have the same legal rights to pursue personal injury claims regardless of your documentation status.

What if There Is No Police Report?

While police reports are helpful evidence, they’re not required to file a personal injury claim. We can use witness statements, photos, medical records, and other evidence to prove what happened and who was at fault.

How Do Liens and Reimbursements Work?

Health insurance companies and medical providers may place liens on your settlement requiring reimbursement for treatment they provided. We negotiate these liens down to maximize the money you keep from your settlement.

Can I Switch Lawyers During My Case?

You have the absolute right to change attorneys if you’re unsatisfied with your representation. Your new lawyer will handle the transition and work out fee arrangements with your previous attorney.

Do I Pay Taxes on a Settlement?

Personal injury settlements for physical injuries are generally not taxable income under federal law. However, portions for lost wages or punitive damages might be taxable, so consult a tax professional about your specific situation.

What if I Was Not Wearing a Seatbelt?

California’s seatbelt defense may reduce your compensation if not wearing a seatbelt contributed to your injuries. However, it doesn’t completely bar you from recovering compensation for the accident.

How Does Uninsured/Underinsured Motorist Coverage Work?

UM/UIM coverage from your own insurance policy protects you when at-fault drivers lack adequate insurance. It essentially provides insurance coverage for other people’s negligence and irresponsibility.

When Will I Get My Settlement Check?

After settlement documents are signed, the insurer will process the payment and your attorney will distribute funds after resolving liens and fees. Your attorney then distributes funds after paying medical liens and legal fees, usually within a few days of receiving the check.

Contact Crane Flores Injury & Car Accident Lawyers

If you or a loved one has been injured due to someone else’s negligence, you don’t have to face this challenge alone. At Crane Flores Injury & Car Accident Lawyers, we’ve proudly served the Oxnard, Ventura, and Santa Barbara communities with more than 50 years of combined legal experience.

We believe that injured people deserve justice, accountability, and experienced advocates who fight for what’s right. Our personalized approach means we listen to your story and tailor our strategy to your unique needs.

Call us today for a free, confidential consultation to discuss your rights and options. Our team is available to speak with you in English or Spanish, and you’ll never pay attorney fees unless we win your case.