Personal Injury FAQs
If you’ve been involved in an accident and are preparing to seek a settlement you’re going to have questions, and you deserve to have an experienced, professional personal injury attorney on your side who can answer those questions for you. Below you’ll find some of the most common questions we hear from our clients when they first walk in the door. If you don’t see your question here or you would like a little more information, feel free to set up an appointment for one of our qualified personal injury attorneys to speak with you directly, answer your questions, and help you get started on the path to taking your life back.
- What is personal injury?
- What if I think I’m at fault?
- How do I know if I’m entitled to a settlement?
- What kind of compensation will I receive?
- How long do I have to file a personal injury claim?
- What do I have to do?
- How much is it going to cost?
- Do you handle cases for children?
- What if I was hurt at work?
- What if I have a claim against a city, county, state or other government agency?
- I was injured in a traffic accident by an uninsured motorist; what are my options?
- Are You Entitled to File A California Personal Injury Claim?
- How We Can Help You Win Your Claim
What is personal injury?
Every year hundreds of injuries around the United States for which victims are eligible for compensation go unreported because they don’t realize they’ve suffered a personal injury-and that someone can help. There are a large variety of events covered under personal injury, including auto, motorcycle, bus, train or other vehicular accidents, as well as airplane crashes and any other injury that you or a loved one received as a result of someone else’s negligence, like trips and falls, dog bites and sports-related accidents, just to name a few more. At Jensen & Associates we have experience winning recovery for victims in all of these situations.
What if I think I’m at fault?
Well, you may be right—but let us advise you on that. The laws of negligence are complicated and you may well be wrong. On close analysis, you may in fact not bear any legal fault. There are many misconceptions which have arisen over time about who is right and who is wrong. More to the point, California is a comparative fault jurisdiction. That means that even if you are at fault, the other party may be as well, and the Court will apportion the fault between the various parties, and this may well leave you with a substantial recovery even after deducting out the portion attributable to what you may have done wrong.
One quick example to make our point. Supposing you fail to observe the light at an intersection and drive through not thinking and your car collides with another car who independent witnesses say was proceeding on a green light. Sounds pretty clear cut, right? Not necessarily. If it proves that the light you didn’t see wasn’t operating properly –a fact perhaps unknown to you at the time— you might have no fault at all. Or even if your light was properly functioning, suppose the other driver was driving at 3 times the posted speed limit. In that event both drivers are at fault, and a jury may well conclude that you remain entitled to recover notwithstanding the fact that you bore some fault.
How do I know if I’m entitled to a settlement?
If you’ve been injured as a result of carelessness or negligence, chances are good that you are entitled to some form of restitution, and usually in a much higher amount than you might think. When you contact our office we will be happy to speak with you and make a personalized recommendation regarding your case.
What kind of compensation will I receive?
The compensation received by our clients in a personal injury varies on an individual basis. There is no formula or standardized method for evaluating the likely settlement value or jury verdict potential in any given case. Case value is case-specific. It depends upon factors including liability, nature and extent of injuries, nature and extent of permanent disability, economic losses (including lost wages and medical bills), disfigurement, embarrassment, and a host of other considerations. While our professionals are eager to tell you or opinion of what your case is worth, of course this cannot be guaranteed, because no precise method exists for predicting with certainty how much an injured individual will recover. However, based on our experience, we will immediately share our opinion with you of the value of your case.
How long do I have to file a personal injury claim?
The statute of limitations on filing a personal injury lawsuit is two years from the date of the injury. However, every delay in making a claim is to your disadvantage. The best thing is to consult with an attorney as soon as possible after the injury occurs, while the events of the incident are still fresh in your mind. Nevertheless we urge you to contact us TODAY, when you first are reading this, so we can advise you specifically about your individual claim.
What do I have to do?
Well, as your lawyers, we will take complete responsibility for proving that you have been injured through the negligence –the legal fault— of someone else. Your main job is to get treatment so you will get better. Once we take your case we will of course need information from you about the incident when you were injured and about your life and earnings and other aspects of damages you have –and are—sustaining. We will then use this information to help you build your case.
The good news is that personal injury cases, even those involving large corporations, rarely go to trial. Contrary to what Hollywood leads you to believe, most cases settle out of court, allowing the victims to take their settlement and move on with their lives without the hassle of a court battle. Obtaining such a settlement is always our first goal. But we love trying cases, and in fact, that’s what we do best. If an insurance company would rather fight than settle, we will be pleased to accommodate them.
How much is it going to cost?
Nothing unless we win a recovery for you. We work exclusively on a contingency basis rather than a flat or hourly fee. We don’t get paid unless and until you do. A contingency fee is a legal fee which is dependent upon the successful outcome of a claim. We get paid an agreed percentage of whatever we recover on your behalf.
Do you handle cases for children?
Much of our work involves claims on behalf of clients under the age of 18. Special rules govern the prosecution of children's cases. Any settlements or judgment are subject to court supervision, and all costs and expenditures must also be approved by a Superior Court judge. Special statutes of limitation govern the prosecution of children's cases. Because the statutes of limitation are different whether the case is one for medical negligence, product liability, vehicular negligence, injuries occurring in the birth process, etc., it is important to contact us as soon as possible to determine when a child's statute of limitations expires.
What if I was hurt at work?
Whenever a person is hurt at work they are automatically entitled to the benefits of worker's compensation insurance. We do not handle workmen's compensation claims, but can usually provide the names of certified specialists in your community. In addition to workmen's compensation, many times the right to bring an action against someone other than your employer also exists. These are called "third party cases." Prompt investigation of third party cases is critical. If you were hurt at work and you believe it was the fault of someone other than your employer, it is critical that prompt investigation be undertaken to secure evidence, identify witnesses, and determine whether sufficient facts exist to justify a claim against another person or entity.
What if I have a claim against a city, county, state or other government agency?
Call us immediately. Claims against public entities are subject to the California Government Code. This code imposes special administrative claim filing requirements, and provides statutory immunities and other protections to government entities. The Government Code is hundreds of pages long, and for that reason, it is impossible to describe in detail all of the idiosyncrasies peculiar to claims against public entities. We have handled cases against cities, counties, school districts, water districts, states, the federal government, federal government agencies, and other government bodies too numerous to mention. Because the claims filing period against state and municipal agencies is the shortest of all statutes of limitation (180 days) it is very important that a person who believes he or she has been injured through government action contact us at once.
I was injured in a traffic accident by an uninsured motorist; what are my options?
Although California motorists are required to have insurance, the fact of the matter is that there are still drivers on the road who do not have insurance. By law, all California insurers must sell uninsured motorist coverage, and underinsured motorist coverage, to their customers. According to a statutory scheme set forth in Insurance Code §11580.2, insured motorists arbitrate with their own carrier when they are injured by an uninsured motorist. The carrier then has the right to seek reimbursement (subrogation) from the uninsured motorist. We have settled and arbitrated mnay many uninsured motorist cases and are well versed with the special requirements of the uninsured motorist law.
Are You Entitled to File A California Personal Injury Claim?
All too often personal injury attorneys find themselves speaking to victims who have been injured in an accident and had no idea that they might have been entitled to file a California personal injury claim to seek compensation for their medical expenses, their lost wages and their pain and suffering, along with the other hundreds of little expenses that go hand in hand with being seriously injured, until it is too late. Because of that, our expert attorneys strive to ensure that our clients, both past and future, understand when they might be entitled to file a personal injury claim.
How We Can Help You Win Your Claim
The minute you file a claim for compensation with one of our experienced attorneys, we’ll get to work helping you to protect your rights.
The moment you contact us regarding your personal injury claim one of our qualified attorneys will meet with you to discuss your case. In the event you cannot come to us, we will come to you-wherever you happen to be.
Once we’ve spoken to you we’ll begin helping you take steps to prove that the other party was responsible. Our attorneys will walk you through the process and help you prove beyond a shadow of a doubt, that you were the victim, and that you are entitled to compensation.
If you have been injured and you are ready to start the process of winning the compensation you are entitled to, call our offices today to set up your free consultation.