Frequently Asked Questions
Get clear answers about California injury cases.
If you’re unsure about the legal process, you’re in the right place. Find answers to our most common questions below.
Getting Started
What should I do after I've been in an accident?
Check for injuries first, get to a safe place, call the police, exchange information, and document the scene. See a doctor promptly even if you feel fine, notify your insurer, and consider talking to a lawyer before accepting any offer.
Full answer →How to hire a California personal injury lawyer
Evaluate whether your case is serious enough to need a lawyer, research California attorneys with experience in cases like yours, and use free consultations to compare experience, results, and fees. Choose a firm you are comfortable with that works on contingency.
Full answer →Do I need a lawyer for my accident?
If the accident was minor and the insurer is cooperative, you may be able to settle it yourself. For serious injuries, disputed fault, or low offers, a personal injury lawyer can protect your claim and often increases its value.
Full answer →Personal Injury Lawyer Fees: Do I need money to hire a lawyer?
No. GJEL works on a contingency fee, so you pay nothing up front and no fee at all unless the case is won. Most California firms charge between 33 and 40 percent of the recovery, spelled out in the fee agreement before you sign.
Full answer →What questions should I ask when interviewing a lawyer?
Ask whether the lawyer specializes in personal injury, what share of their caseload it makes up, their record in similar cases, their honors and awards, and how fees and timeline work. A true specialist handles injury cases 80 to 100 percent of the time.
Full answer →How long will it take me to get paid after my case is settled?
Most clients receive their settlement money within about six weeks of accepting the offer. That time covers paying medical providers and legal fees and processing the final check.
Full answer →How do I file a personal injury claim in California?
Decide first whether to handle the claim yourself or hire an attorney, then gather as much evidence as you can from the scene. For serious injuries, be careful with recorded statements and insurer forms, which can give away rights.
Full answer →What is the role of the private investigator?
Call us for the answer, free: it depends on the details of your case.
If I'm in an accident, does it affect my health insurance coverage?
Using your health insurance after an accident does not raise your rates, and your coverage keeps paying for accident-related care. Your health plan later seeks reimbursement from the at-fault party, and GJEL negotiates to reduce those claims so more of the settlement stays with you.
Full answer →What if I didn't realize I was injured until weeks after my accident?
Symptoms like neck pain, headaches, or neurological issues often appear hours or days after a crash, and delayed symptoms do not weaken your claim. Get medical care and document everything early, because evidence can disappear quickly.
Full answer →How Soon After I am Injured do I Have to File a Lawsuit?
California sets strict time limits, and the two-year deadline people often cite has many exceptions that depend on your circumstances. Waiting also harms the case itself, so act promptly and have an attorney confirm the deadline that applies to you.
Full answer →Can I sue a county or city government in California?
Yes. Caltrans and local agencies are responsible for their roads, and a dangerous design or poor maintenance can make them liable. Claims against a California public entity must be presented well before the ordinary two-year deadline, so move quickly.
Full answer →I can't afford my medical bills. Should I not pay them?
Do not ignore them: unpaid bills can damage your credit and end up with debt collectors. Look into payment plans and financial assistance, and a personal injury claim can pursue compensation to cover the bills.
Full answer →Can I get instant answers to my questions online?
Procedural Questions
What is my role in the litigation process as a plaintiff?
Stay in close touch with your attorneys, follow your doctors' treatment plans, and provide documents and answers as the case needs them. You may also prepare for a deposition or mediation, and in rare cases a trial.
Full answer →What is the difference between mediation and arbitration?
Mediation is a voluntary, confidential settlement discussion guided by a neutral who cannot force a result. Arbitration is binding: the arbitrator acts as judge and jury and the parties give up appeal and a jury trial.
Full answer →Is there normally an opportunity to settle my case prior to trial?
Yes, there are usually several chances to settle before trial. Settlement talks start once your treatment and medical future are understood, so the demand reflects the full extent of your injuries.
Full answer →Is there a minimum personal injury settlement?
No. There is no minimum settlement amount in California; the value depends on your injuries, medical expenses, lost income, and the other facts of your case.
Full answer →What if the police report is against me?
Call us for the answer, free: it depends on the details of your case.
What if there's no police report for my accident?
You can still bring a claim; GJEL handles many cases with no police report, roughly 10 to 15 percent of its cases. Proving the crash and fault with other evidence, like witness statements and scene investigation, just becomes more important.
Full answer →Can a lawyer settle my case without my consent?
No. Settling without your consent is an ethical violation; the decision to settle or go to trial belongs to you, not your lawyer. If it happens, act fast: review the documents, consult another attorney, and you can file a complaint with the California State Bar.
Full answer →What happens if I lose my job as a result of my accident injuries?
The first step is pursuing the benefits available to you, such as long-term disability, workers' compensation if you were hurt on the job, Social Security disability, or state disability income. Your injury case can also claim the future wages you would have earned.
Full answer →What if the person at fault has inadequate insurance?
You may still recover. Under California law your own uninsured motorist coverage automatically includes underinsured coverage, and other avenues, such as employer or city liability, are sometimes available.
Full answer →If my child is injured, how do funds get handled?
Call us for the answer, free: it depends on the details of your case.
Will missing a deadline affect my case?
Yes. Missing the statute of limitations, generally two years in California, will likely get the case dismissed, and claims against a government entity require a claim within six months. Errors on court filings can also jeopardize compensation.
Full answer →Can I still seek damages if the defendant has died?
Yes. When the at-fault party dies, either in the accident or afterward, the claim proceeds against the deceased defendant's estate rather than the person. Filing deadlines still apply, so naming the correct party in time is critical.
Full answer →Auto Accident Lawyer FAQ
How much auto insurance do I need in California?
Call us for the answer, free: it depends on the details of your case.
What is uninsured motorist coverage?
It is coverage you buy from your own insurer that pays when an uninsured driver injures you, available from $15,000 up to as much as $7 million per person. It comes in three forms: bodily injury (UMBI), underinsured motorist (UIM), and property damage (UMPD).
Full answer →How does auto-medical payments insurance work?
Med-pay is coverage on your own auto policy that pays your medical bills right away, regardless of fault, and it also covers passengers in your car. Typical policies are around $5,000, with limits from $500 up to $100,000.
Full answer →If I'm rear-ended, is it always the other person's fault?
Usually, but not always. California presumes the rear driver is at fault because every driver must leave a safe distance, but that presumption can be rebutted, for example if the lead driver slammed on the brakes for no reason.
Full answer →What if I don't feel the insurance company is making a fair offer on my car?
A fair settlement should fully cover economic damages such as repairs, medical bills, and lost wages, plus non-economic harm like pain and suffering, including future losses. An attorney can tell you whether an offer reflects your case's real value.
Full answer →What if I was in an accident and don't have insurance?
Driving uninsured is illegal in California, and the state's No Pay, No Play rule limits what an uninsured driver can recover, generally barring non-economic damages. You can still seek economic damages if the other driver caused the crash.
Full answer →If I make an uninsured motorist claim, will my insurance rates go up?
No. Under California's Proposition 103, insurers may not raise your rates or drop you for making an uninsured motorist claim when the crash was not your fault.
Full answer →Bike Accident FAQ
Is it legal to ride my bike in a crosswalk?
The California Vehicle Code does not require you to walk your bike in a crosswalk, but some local ordinances and private-property rules do. Even if you were riding in a crosswalk, a negligent driver who hits you can still be held responsible.
Full answer →Is it legal to ride my bike on the wrong side of the road?
Cyclists generally must ride in the same direction as traffic, and riding against traffic is usually a violation that can bring a citation. Even so, a violation does not automatically make the crash your fault, and you can still pursue compensation.
Full answer →What if I'm hit while riding my bike on the sidewalk?
A ticket for riding on the sidewalk does not decide fault. Drivers still must yield before crossing a sidewalk, and a driver who fails to use reasonable care can be liable for your injuries even if you were cited.
Full answer →Are bike accidents treated differently than auto accidents?
Under California law bike and car accidents are treated identically, with the same fault rules. In practice they can play out differently depending on how friendly the city or county handling the case is toward cyclists.
Full answer →What if I was in a bike accident at night and didn't have a light or reflective gear?
These are difficult cases, but not hopeless, and GJEL has handled them successfully. One exception is a crash on a well-lighted street where a light or reflector would not have made you more visible.
Full answer →What if I was in a bike accident and wasn't wearing a helmet?
If your injury is to something other than your head, not wearing a helmet usually makes little difference to the outcome. For head injuries it matters much more, and each case needs individual evaluation.
Full answer →What if I get 'doored' while riding my bike?
The person who opened the door is generally at fault: California law says no one may open a vehicle door into traffic unless it is reasonably safe. Liability follows the state's comparative fault rules, so a cyclist can share responsibility in some situations.
Full answer →Pedestrian Accident FAQ
What if I'm hit while crossing an intersection at an unmarked crosswalk?
Pedestrian right-of-way may still apply at an unmarked intersection, and being blamed does not end your claim. Under California's comparative fault rules you can recover even if you were partly responsible, with your recovery reduced by your share.
Full answer →We are here 24/7.
Start with a free, confidential case review.
Motorcycle Accident Lawyer FAQ
Are motorcycle accidents treated differently than auto accidents?
The same basic California laws apply, but motorcycle cases often play out differently: riders can face bias, liability disputes are more complex, and injuries tend to be more severe. Those differences can significantly affect the claim.
Full answer →Is lane splitting legal in California?
Yes, lane splitting is legal in California, subject to safety restrictions. State guidelines say it is prohibited when conditions are dangerous or traffic is moving faster than 35 mph, and riders should not go more than 10 mph faster than surrounding traffic.
Full answer →What should I do after a California motorcycle accident?
Check for injuries and call 911, then contact the police and file a report, gather photos and witness information, and seek medical care even if you feel fine. These steps protect both your health and your claim.
Full answer →Workplace Accident Lawyer FAQ
FAQ: Personal Injuries That Occur While on the Job
You generally cannot sue your employer directly, because California's workers' compensation system covers on-the-job injuries regardless of fault. If someone other than your employer caused the injury, you may also have a separate personal injury case against them.
Full answer →Wrongful Death Case FAQ
What does a wrongful death lawyer do?
A wrongful death lawyer handles the investigation, the claims and filings, and communication with insurers while pursuing accountability and compensation for the family. GJEL takes wrongful death cases on a no win, no fee basis.
Full answer →How do I sue for wrongful death damages in California?
California wrongful death claims can recover economic damages such as funeral costs, medical bills before death, and lost future support, plus non-economic damages like loss of love and companionship. There is no average settlement; the value turns on liability, insurance, and the family's losses.
Full answer →What is the wrongful death statute of limitations in California?
Some California wrongful death cases must be filed within two years of the date of death, but the deadline varies with the circumstances, and the discovery rule can extend it when the cause of death was found later. An attorney should confirm the deadline that applies to your case.
Full answer →How to divide a wrongful death settlement
It is usually a multi-step process, not an automatic equal split. The division depends on who is legally eligible under California's wrongful death statute, what losses each person suffered, and whether the family can agree without the court deciding.
Full answer →Wrongful Death Settlement Calculator
Online wrongful death calculators only give rough estimates from inputs like the person's age and income; they cannot account for the facts of your case, policy limits, or state law. An attorney's evaluation gives a more realistic picture.
Full answer →What is the average payout for a car accident death?
There is no single average: the payout depends on the facts of the case. Compensation for surviving family members can cover medical bills, funeral expenses, and loss of income, and an attorney can help value the claim.
Full answer →Questions About Your Potential Recovery
Will I have to pay taxes on my recovery?
Most California personal injury settlements are not taxed: the IRS excludes compensation for physical injuries, and California follows. Exceptions include punitive damages and interest earned on the settlement.
Full answer →If I'm on Medicare, can they take my entire recovery?
Call us for the answer, free: it depends on the details of your case.
How does the Affordable Care Act affect a potential settlement?
The ACA guarantees you can buy health coverage regardless of pre-existing conditions, which removed a major settlement worry: how an injured client without employer coverage would stay insured. That affects how future medical expenses are handled in your settlement.
Full answer →After I settle, can the case remain open for future medical bills?
Usually not: a settlement or verdict includes the future medical bills that are anticipated, so the case closes. Exceptions can sometimes be negotiated, and your own health insurance still covers future accident-related care.
Full answer →How is loss of earnings calculated if I'm self-employed?
Lost wages are proven from your income history; for self-employed people, income can be established from the business's profit and loss statements. Claims can also cover reduced future earning capacity, with vocational and economic experts supporting the numbers.
Full answer →If I miss work due to my accident injuries, can I recover lost wages in my case?
Yes. Lost wages are economic damages in a California injury claim, proven through your medical records and providers to show why your injuries kept you from working. Future lost earning capacity can be claimed too.
Full answer →How do I calculate lost wages after an accident?
In California, lost wages cover more than base pay: overtime, bonuses, used vacation or sick days, and benefits count too. Gather pay stubs and tax returns, work out your daily rate, and multiply by the days you missed. GJEL's lost wage calculator gives a quick estimate.
Full answer →Other Types of Accidents
What if I'm injured while on a bus?
Bus companies owe passengers a higher duty of care under the Common Carrier Rule, and claims against a public bus agency must be filed within as little as six months. Private bus cases allow the standard two years.
Full answer →What if the insurance company gives me a lowball offer?
Insurers often start low hoping you settle quickly; an acceptable offer should typically be at least about 80 percent of your case's full value. It should cover medical expenses, lost wages, pain and suffering, and future medical needs before you accept.
Full answer →Tell us what happened. We handle the rest.
You focus on healing. Our lawyers handle the insurance company, evidence, deadlines, and every detail of your case.
- Free case review, no obligation
- No win, no fee
- We come to you, at home or in the hospital
- Hablamos español
A lawyer will personally review your case and call you shortly.
We’ll call from a local number and tell you when to expect us.