Questions to Ask Personal Injury Lawyer

If you’ve suffered a personal injury due to someone else’s negligence or intentional actions, you may be entitled to compensation for damages. However, navigating the legal system can be overwhelming, especially if you’ve never been involved in a personal injury case before. That’s why it’s essential to consult with a personal injury lawyer who can help you understand your legal rights and options. Here are some questions to ask a personal injury lawyer to help you make an informed decision:

What does it cost to hire a lawyer?

Most personal injury lawyers work on a contingency fee basis, which means they only get paid if you win your case. Typically, the lawyer’s fee is a percentage of the settlement or award you receive, usually between 33% and 40%. Before hiring a lawyer, make sure you understand their fee structure and any additional costs you may be responsible for, such as court fees or expert witness fees.

How do lawyers get paid from a settlement?

If you win your case, your lawyer’s fee will be deducted from the settlement or award you receive. Your lawyer will typically receive their fee as a percentage of the total amount, as agreed upon in your fee agreement.

What kinds of damages can I pursue?

In a personal injury case, you may be able to pursue various types of damages, including medical expenses, lost wages, pain and suffering, and emotional distress. Your lawyer can help you determine which damages are applicable to your case and how much compensation you may be entitled to.

Can I collect money even if I’m partly responsible?

California follows a comparative negligence rule, which means you can still collect damages even if you were partly responsible for the accident. However, your compensation will be reduced by your percentage of fault.

What’s the difference between intentional injury and negligence?

Intentional injury occurs when someone intentionally harms you, while negligence refers to someone’s failure to exercise reasonable care, which leads to your injury. Depending on the circumstances of your case, your lawyer may be able to pursue different types of damages, depending on whether your injury was intentional or due to negligence.

What is the statute of limitations and how does it apply to my claim?

The statute of limitations is a deadline for filing a personal injury claim. In California, you generally have two years from the date of the injury to file a lawsuit. If you miss this deadline, you may lose your right to compensation.

What should I expect from my personal injury lawyer?

Your personal injury lawyer should provide you with personalized legal advice and guidance throughout the process, including investigating your case, negotiating with insurance companies, and representing you in court if necessary.

How are personal injury settlements paid out in California?

Personal injury settlements are usually paid out in a lump sum. However, in some cases, the settlement may be structured as periodic payments over time.

How is pain and suffering calculated in California?

Calculating pain and suffering damages is a complex process that involves several factors, such as the severity of the injury, the duration of the recovery period, and the impact the injury has on your daily life. Your lawyer can help you understand how pain and suffering damages are calculated in California and how much you may be entitled to.

Who pays court costs in a personal injury case?

In a personal injury case, the plaintiff (the injured party) is responsible for paying the court costs upfront. However, these costs can be included in the damages sought in the lawsuit, and if the plaintiff wins the case, the defendant may be responsible for reimbursing the plaintiff for these costs.

How long does it take to get a settlement check in California?

The time it takes to receive a settlement check can vary widely depending on the circumstances of your case. It may take several months or even years to reach a settlement or win a judgment. Once the settlement is reached or judgment is entered, it may take several weeks for the check to be processed and distributed.

Do I have to pay Medi-Cal bills from my settlement California?

If you received Medi-Cal benefits related to your injury, you may be required to reimburse the state of California for these expenses out of your settlement or award. Your lawyer can help you understand your obligations and negotiate with Medi-Cal to reduce the amount owed.

Do you have to report lawsuit settlement to Social Security?

If you are receiving Social Security benefits, you may be required to report any lawsuit settlement you receive to the Social Security Administration. Failure to report the settlement could result in a reduction or suspension of your benefits.

What happens if medical bills exceed policy limits in California?

If your medical bills exceed the policy limits of the defendant’s insurance policy, you may be able to file a claim against your own insurance policy if you have underinsured motorist coverage. Alternatively, you may need to pursue other sources of compensation, such as the defendant’s personal assets.

Girgis Law Firm, APC

If you have been injured in an accident or due to someone else’s negligence, it’s essential to consult with a personal injury lawyer to understand your rights and options. By asking the right questions, you can ensure that you find the right lawyer and get the compensation you deserve for your injuries. Whether you’re pursuing damages for medical expenses, lost wages, pain and suffering, or other damages, a personal injury lawyer can help you navigate the complex legal process and maximize your chances of success.