How long do I have to file a personal injury claim in California?

For most injury claims, two years from the date of the injury, under California Code of Civil Procedure section 335.1. A claim involving a public entity, such as a city vehicle or a city sidewalk, generally has to be presented in writing within six months, under Government Code section 911.2. Liam sees people treat for seven or eight months first and miss it. Chapter 12 covers both deadlines.

How much does it cost to hire a personal injury lawyer?

Perry Personal Injury Lawyers works on contingency: no attorney fee unless there is a recovery. Liam explains that the firm covers the cost of filing a lawsuit when one is needed to protect a claim, and that a client whose claim turns out not to be worth pursuing owes the firm nothing. As he puts it: "Up until that point, we effectively work for free." The written fee agreement sets out the percentage and how costs are handled.

What is my personal injury case worth?

On day one, nobody can say, and Liam treats an office that quotes a number that early as a warning sign. A range comes once treatment shows where the injury is heading, and Chapter 2 explains how it is built. As Liam says: "But to do that on day one would be shortsighted, and we explain to clients why we can't do that."

Should I give a recorded statement to the insurance company?

Not before talking to a lawyer. Liam's advice is to report the claim to your own insurer, say that you were hurt, and let calls from the other driver's insurer go to voicemail. An early "I'm probably fine" on a recorded call is the line that gets read back once the injury turns out to be serious. The firm's page on what a car accident attorney does covers the rest of that first contact.

What if the at-fault driver has no insurance or not enough?

Your own uninsured and underinsured motorist coverage, called UM/UIM, can make up the difference. California's minimum policy is 30/60, which caps one injured person at $30,000 from the at-fault driver, and Liam notes that a single ER visit after a major crash can use that up. With $100,000 in UM/UIM, a person who collects $30,000 from the other driver can seek up to $70,000 more from their own policy. Chapter 4 explains how the layers stack.

Can I recover if I was partly at fault?

Yes. California uses comparative negligence, so a recovery is reduced by the injured person's share of fault instead of being barred. On the podcast Liam puts it in numbers: 30 percent at fault on a $100,000 verdict still leaves $70,000. There is no cutoff, so even a person found 70 percent at fault can recover 30 percent. A fault percentage an adjuster assigns early in a claim is a negotiating position, not a finding, and it can be challenged.

Do I need to see a doctor if I feel fine after an accident?

Yes. Go to an emergency room or urgent care, then follow up with a primary care doctor. An ER rules out what could be life-threatening, not a disc injury or a mild brain injury, so a clean CT scan does not settle the question. Chapter 3 explains why the record from those first weeks proves the injury later.

How long does a personal injury case take?

It depends on the injury. A claim cannot be valued until treatment shows where the injury is going. For a brain injury, Liam tells clients to plan on at least two years, because what is permanent does not become clear until about 18 months to two years after the injury. A larger case that goes into litigation can run several years, with opportunities to settle along the way.

Can I switch lawyers if I am unhappy with mine?

Yes. Liam's view is that if your lawyer is not paying close attention to your medical care, or your questions are not getting clear answers, it is time to find a new one. A good firm stays involved during treatment, wants to hear from you after each specialist visit, and explains the law, the medicine and the process in everyday language. On a truck, rideshare or premises case, a good firm can also tell you whether a preservation letter went out.

What should I bring to a first consultation?

Whatever you have. That includes photos of the scene and the vehicles, with the license plates visible, the other driver's insurance information, the names and numbers of any witnesses, and every medical record and bill so far, starting with the ER or urgent care visit. Bring your own auto policy too, since your UM/UIM and MedPay coverage may matter. If something is missing, call anyway. A plate photo is often enough to track down a driver who left.

Contents

Back matter

Frequently Asked Questions

4 min read3 pages

How long do I have to file a personal injury claim in California?: For most injury claims, two years from the date of the injury, under California Code of Civil Procedure section 335.1. A claim involving a public entity, such as a city vehicle or a city sidewalk, generally has to be presented in writing within six months, under Government Code section 911.2. Liam sees people treat for seven or eight months first and miss it. Chapter 12 covers both deadlines.
How much does it cost to hire a personal injury lawyer?: Perry Personal Injury Lawyers works on contingency: no attorney fee unless there is a recovery. Liam explains that the firm covers the cost of filing a lawsuit when one is needed to protect a claim, and that a client whose claim turns out not to be worth pursuing owes the firm nothing. As he puts it: "Up until that point, we effectively work for free." The written fee agreement sets out the percentage and how costs are handled.
What is my personal injury case worth?: On day one, nobody can say, and Liam treats an office that quotes a number that early as a warning sign. A range comes once treatment shows where the injury is heading, and Chapter 2 explains how it is built. As Liam says: "But to do that on day one would be shortsighted, and we explain to clients why we can't do that."
Should I give a recorded statement to the insurance company?: Not before talking to a lawyer. Liam's advice is to report the claim to your own insurer, say that you were hurt, and let calls from the other driver's insurer go to voicemail. An early "I'm probably fine" on a recorded call is the line that gets read back once the injury turns out to be serious. The firm's page on what a car accident attorney does covers the rest of that first contact.
What if the at-fault driver has no insurance or not enough?: Your own uninsured and underinsured motorist coverage, called UM/UIM, can make up the difference. California's minimum policy is 30/60, which caps one injured person at $30,000 from the at-fault driver, and Liam notes that a single ER visit after a major crash can use that up. With $100,000 in UM/UIM, a person who collects $30,000 from the other driver can seek up to $70,000 more from their own policy. Chapter 4 explains how the layers stack.
Can I recover if I was partly at fault?: Yes. California uses comparative negligence, so a recovery is reduced by the injured person's share of fault instead of being barred. On the podcast Liam puts it in numbers: 30 percent at fault on a $100,000 verdict still leaves $70,000. There is no cutoff, so even a person found 70 percent at fault can recover 30 percent. A fault percentage an adjuster assigns early in a claim is a negotiating position, not a finding, and it can be challenged.
Do I need to see a doctor if I feel fine after an accident?: Yes. Go to an emergency room or urgent care, then follow up with a primary care doctor. An ER rules out what could be life-threatening, not a disc injury or a mild brain injury, so a clean CT scan does not settle the question. Chapter 3 explains why the record from those first weeks proves the injury later.
How long does a personal injury case take?: It depends on the injury. A claim cannot be valued until treatment shows where the injury is going. For a brain injury, Liam tells clients to plan on at least two years, because what is permanent does not become clear until about 18 months to two years after the injury. A larger case that goes into litigation can run several years, with opportunities to settle along the way.
Can I switch lawyers if I am unhappy with mine?: Yes. Liam's view is that if your lawyer is not paying close attention to your medical care, or your questions are not getting clear answers, it is time to find a new one. A good firm stays involved during treatment, wants to hear from you after each specialist visit, and explains the law, the medicine and the process in everyday language. On a truck, rideshare or premises case, a good firm can also tell you whether a preservation letter went out.
What should I bring to a first consultation?: Whatever you have. That includes photos of the scene and the vehicles, with the license plates visible, the other driver's insurance information, the names and numbers of any witnesses, and every medical record and bill so far, starting with the ER or urgent care visit. Bring your own auto policy too, since your UM/UIM and MedPay coverage may matter. If something is missing, call anyway. A plate photo is often enough to track down a driver who left.

Keep the whole book