The New York Times
The Washington Post
USA Today
San Jose Mercury News
CBS This Morning
ABC
NBC

Frequently Asked Questions on Personal Injury Claims

Car Crashed by an Accident If you recently suffered an injury or property damage through no fault of your own, personal injury law, also known as tort law, is available to protect you against the negligence or intentional intent to harm or maliciously damage by others. Automobile accidents are the most common basis for the development of personal injury cases. These intense cases involve the burden of proof against the offender to determine whether or not he or she is declared at fault and if a compensatory settlement should be awarded to the victim.

If you have recently been injured in an automobile accident and believe the other driver is at fault, reviewing the following questions and answers may address your initial concerns before consulting with an experienced personal injury attorney.


Do I Really Need a Personal Injury Attorney?

Yes, you should always retain a qualified personal injury lawyer, or you may fall victim to the insurance company and the person who caused your injury. Both will opt to minimize the level of fault as well as dispute the severity of your injuries.

An experienced personal injury attorney understands how to “deal” with the insurance company within the legal limits to ensure your rights are protected and ultimately compensated.

[Back to top]

When Should I Hire a Personal Injury Attorney?

If you are faced with a possible personal injury case, hiring a qualified personal injury attorney should occur as quickly as possible. A personal injury attorney will gather pertinent information, evidence and witness statements that will increase the likelihood of a successful settlement.

[Back to top]

Should I Provide a Recorded Statement to the Other Person’s Insurance Company?

This action should be avoided at all costs and denied until authorized by your attorney. Offering a statement could adversely affect your case and decrease your settlement.

[Back to top]

Is Time of the Essence?

Each state assigns time limits, better known as “statute of limitations”, governing the period of time acceptable to file a personal injury claim. The statute of limitations in California for an auto accident injury lawsuit is two years.

[Back to top]

How Is Compensation Determined in a Personal Injury Case?

All personal injury cases vary dependent upon the circumstances and the scope and depth of the accident and injury. Most often, these factors would include: 

  • Severity of your injuries;
  • Length of disability;
  • Permanency of injuries;
  • Overall cost of medical care;
  • Physical scarring and disfigurement;
  • Future cost of medical care;
  • Loss of wages; and
  • Emotional trauma.

[Back to top]

How Long Will It Take to Reach a Settlement?

This question is best answered once all variables unique to your case have been identified. It is suggested that settlement negotiations should not begin until your attending physician has submitted his or her final report and all injuries have been medically stabilized and a future prognosis has been determined.

If you have additional questions about moving forward with a personal injury claim, the experienced Monterey personal injury attorneys of Corsiglia, McMahon & Allard, L.L.P. offer a free consultation and there is no charge unless we win your case. Contact our legal team at (408) 298-7200 today.

[Back to top]

Sources
Client Reviews
★★★★★
I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
★★★★★
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
Martindale-Hubbell
Best Law Firms
American Board of Trial Advocates
2010 Street Fighter of The Year Award Finalists
Irish Legal 100
The Best Lawyers in America
AVVO
Santa Clara County Bar
BBB
Super Lawyers
The National Trial Lawyers
California Lawyer
Top One
Santa Clara County Trial Lawyers Association
Public Justice Trial Lawyer of The Year