Facts and Questions

Personal Injury FAQs

The answers and information presented on this website are for reference purposes only and should not be interpreted as legal advice. We strongly advise that you speak directly to a qualified lawyer about the conditions of your specific case, which may differ significantly from those presented below.

If I have been in an accident why do I need a personal injury lawyer?
An experienced personal injury lawyer will protect your rights and make sure that you receive a fair and sufficient settlement. Insurance companies understand that they can often settle a case for much less when there is no attorney to speak for the victim.

What will a personal injury lawyer do?
A personal injury attorney will make sure that you follow the proper procedures and rules of law to file, present and collect your claim. The attorney will help determine the facts of the case and help set realistic expectations of the chances of winning. The personal injury specialists at John Anderson Law will fight for your rights and build a strong case based on information and expert testimony to ensure a successful outcome for you.

How much will it cost to hire a personal injury lawyer?
In many cases, a personal injury attorney will represent you for a contingency fee, which means a percentage of the gross total damages awarded. Your fee agreement will be discussed at the beginning of the client-attorney relationship and will be set forth in a written document. At John Anderson Law, we do our best to ease our clients of the financial burden involved in litigating a claim.

Will I have to file a lawsuit or go to court to recover damages for a personal injury claim?
It is often not necessary to file a lawsuit to recover damages for a personal injury. A qualified personal injury lawyer will work with you to explain your options and help determine the optimal amount you can expect to recover. Often your personal injury case can be settled successfully with the other party or insurance representative outside of the courtroom. Contact the experienced personal injury attorneys at John Anderson Law to discuss your options.

Am I required to speak to the other party’s insurance company?
Absolutely not. You should always consult an experienced personal injury attorney before you speak with an insurance company about your case. It is important to understand the arguments that an insurance adjuster will use to convince you to settle quickly and for a lower amount than you may deserve.

How is the amount of a personal injury claim determined?
There are two aspects to a personal injury case that determine the amount of a settlement: 1) liability and 2) damages. If a judge or a jury determines that a person is liable for an accident, that person or representative will be required to reimburse the victim for both economic and non-economic damages.

What is pain and suffering?
In a personal injury case, pain is defined by the California legal system as a non-economic damage. Medical expenses and lost wages are considered economic damages. Pain and suffering refer to the physical and / or emotional injuries suffered by the accident victim. Pain and other non-economic damages are determined by the judge and jury and are subjective in nature. The amount of damages that may be awarded for pain, suffering and emotional distress due to a personal injury accident are generally not limited by law in California

How long do I have to file a personal injury claim?
In the state of California a personal injury victim generally has two years from the date of the accident to file a claim. In some cases, however, the statue of limitations may be as short as six months. When the injury is due to the fault of a governmental entity, there may also be specific procedures that must be followed in presenting a claim prior to the filing of a lawsuit.  Therefore, it is important to contact an experienced personal injury attorney at John Anderson Law as soon as possible after a serious accident to protect your rights.

What happens if I lose a personal injury claim that I have filed?
If you file a personal injury claim in the State of California and do not win, you may be responsible to pay the court fees of the other party as well as other costs incurred as a result of your claim.

How long will my personal injury case take to complete?
In some cases, a settlement with the individual or insurance company responsible may be reached in a few weeks without the necessity of filing a lawsuit. In other situations, a lawsuit must be filed, a substantial case built to support the claim and a trial concluded. This entire procedure could take months or even years to complete. That is why it is extremely important to have the advice and support of the experienced personal injury lawyers at John Anderson Law to guide you through the process.

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