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Frequently Asked Questions

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  1. What should I do immediately after an accident?
     After an accident, your priority should be safety and health. Seek immediate medical attention, document the scene by taking photos and gathering witness information, notify the police to file an official report, and contact an experienced personal injury attorney to discuss your rights and next steps.
  2. How do I know if I have a personal injury case?
     You likely have a personal injury case if you were injured due to another person’s negligence or intentional actions. Common examples include car accidents, slip and falls, dog bites, defective products, and medical malpractice.
  3. How long do I have to file a personal injury claim in California?
     In California, the statute of limitations for personal injury claims is generally two years from the date of injury. Missing this deadline can result in losing your right to pursue compensation.
  4. Do I need an attorney for a personal injury claim?
     While it’s possible to file a claim yourself, hiring an experienced attorney significantly improves your chances of obtaining fair compensation. Insurance companies often offer low settlements to unrepresented individuals.
  5. How much is my personal injury case worth?
     The value of your personal injury case depends on factors like injury severity, medical bills, lost wages, pain and suffering, and the overall impact on your life. A personal injury attorney can help accurately assess your case.
  6. How long does it take to resolve a personal injury case?
     The timeframe varies significantly based on the complexity of your case, the severity of injuries, and whether the case settles or goes to trial. Most cases resolve within several months to a year, though some complex cases can take longer.
  7. What types of compensation can I receive in a personal injury case?
     You may be entitled to compensation for medical expenses, lost wages, pain and suffering, emotional distress, property damage, and, in some cases, punitive damages.
  8. Will my personal injury case go to trial?
     Most personal injury cases settle out of court. However, if the insurance company refuses to offer a fair settlement, your attorney may advise proceeding to trial to pursue maximum compensation.
  9. Can I still file a claim if I was partially at fault for the accident?
     Yes, California follows a comparative negligence system, which means you can still recover compensation even if you were partially at fault. Your compensation will be reduced by your percentage of fault.
  10. How much does it cost to hire a personal injury lawyer at The Law Offices of Edgar Lombera?
     We work on a contingency fee basis, meaning you pay no upfront costs. We only get paid if we win your case, typically as a percentage of the settlement or judgment.
  11. What if the person who injured me doesn’t have insurance?
     You may still recover compensation through your own uninsured/underinsured motorist coverage, if applicable, or by pursuing a direct claim against the responsible party’s personal assets. An attorney can help evaluate your options.
  12. Should I speak with the insurance adjuster directly?
     It’s best not to speak with an insurance adjuster without first consulting your attorney. Insurance adjusters aim to minimize the compensation payout, and anything you say can potentially harm your case.
  13. What documentation should I provide my personal injury attorney?
     You should provide medical records, photographs from the accident scene, police reports, witness statements, insurance information, receipts for medical expenses, and any correspondence with insurance companies.
  14. Can I file a personal injury claim on behalf of my child?
     Yes. Parents or guardians can file a personal injury claim on behalf of their minor children who have been injured due to someone else’s negligence.
  15. What happens if the insurance company denies my claim?
     If your claim is denied, an attorney can review the denial reasons, help you appeal, negotiate further with the insurance company, or file a lawsuit on your behalf to pursue compensation.
  16. What is the difference between economic and non-economic damages?
     Economic damages cover measurable financial losses such as medical bills, lost wages, and property damage. Non-economic damages compensate for intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.
  17. What if my injuries prevent me from returning to work?
     If your injuries affect your ability to work, you can seek compensation for future lost wages and diminished earning capacity as part of your personal injury claim.
  18. How soon after my accident should I contact an attorney?
     Contacting an attorney immediately or soon after your accident is strongly recommended. Early legal representation can ensure valuable evidence is preserved and your rights protected from the outset.
  19. Do I still have a case if I didn’t seek immediate medical attention?
     Yes, though delayed medical treatment can complicate your case. It’s still advisable to consult an attorney who can review your circumstances and help establish the connection between your injuries and the accident.
  20. Can I change my personal injury lawyer if I’m unhappy?
     Yes, you have the right to change your attorney at any stage. Discuss your concerns directly with your current lawyer first, then consult a new attorney who can guide you through the process.
  21. Can my social media posts affect my personal injury case?
     Yes, insurance companies often monitor claimants’ social media accounts. Posts that contradict your claims of injury or damages can significantly impact your case negatively. It’s best to limit or avoid posting about your accident or injuries.
  22. What is a wrongful death claim?
     A wrongful death claim arises when someone’s negligence or wrongful act results in another person’s death. Family members or dependents may file these claims to recover damages such as funeral costs, lost financial support, and emotional distress.
  23. Can pre-existing injuries affect my personal injury claim?
     Yes, pre-existing injuries may influence your claim, but they do not disqualify you. Compensation may still be awarded if the accident aggravated your previous injuries or medical conditions.
  24. What should I expect during my free consultation at The Law Offices of Edgar Lombera?
     During your free consultation, we will review your accident details, discuss your injuries, evaluate potential claims, explain your rights, and outline how we can assist you moving forward.
  25. How is pain and suffering calculated in a personal injury claim?
     Pain and suffering is calculated based on several factors, including injury severity, length of recovery, permanent impairment, emotional trauma, and overall impact on your life. Methods vary, often involving multipliers of economic damages or per-diem calculations.
  26. What if I’m injured in a rideshare (Uber/Lyft) accident?
     If injured in a rideshare accident, you may be covered by the rideshare company’s insurance policy, the driver’s policy, or another party’s insurance. An experienced attorney can determine liability and assist in securing maximum compensation.
  27. What should I do if an insurance company offers me a settlement?
     Consult with an attorney before accepting any settlement offer. Initial offers from insurance companies often undervalue your claim significantly, and accepting prematurely may limit your ability to pursue further compensation.
  28. How do I pay my medical bills while my personal injury case is pending?
     Initially, you may utilize your health insurance, medical payment (MedPay) coverage, or arrangements like medical liens. Ultimately, these costs can often be recovered through your personal injury settlement or judgment.
  29. What is a medical lien in a personal injury case?
     A medical lien allows healthcare providers to defer payment for services rendered until your personal injury case is resolved, ensuring you receive necessary care while your case is pending.
  30. Will filing a personal injury lawsuit impact the person who injured me directly?
     Usually, personal injury claims are paid by the responsible party’s insurance company. The defendant is rarely required to pay damages personally unless the judgment exceeds their insurance policy limits or if they lack adequate insurance coverage.
  31. Can a family member testify as a witness in my personal injury case?
     Yes, family members can provide testimony regarding your injuries and how they have impacted your life. Their testimony can support claims of emotional distress, pain and suffering, and changes to your lifestyle.
  32. How do personal injury lawyers negotiate settlements?
     Attorneys collect evidence, calculate accurate compensation amounts, and present strong legal arguments to negotiate effectively with insurance companies, advocating vigorously for fair settlements.
  33. Do I have to pay taxes on my personal injury settlement?
     Generally, compensation for personal physical injuries is not taxable. However, certain elements such as punitive damages or compensation for lost wages may be subject to taxation. Consult with your attorney or tax advisor for clarification.

 

Injured? We’re Here to Help.

If you or a loved one has suffered an injury, you don’t have to navigate the legal process alone. At The Law Offices of Edgar Lombera, we specialize in fighting for fair compensation and justice for injury victims across California.

📞 Call us today at 909-915-0181 (Redlands) or 760-835-9353 (Palm Springs) for a free consultation.

💻 Learn more at lomberalaw.com and take the first step toward protecting your rights.

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