Answers for injured Californians.

Your health comes first. Call 911 if anyone is hurt, and get medical care as soon as you can. Then, if you are able to:

• Call the police, and ask how to get a copy of the report.
• Exchange names, phone numbers, license and insurance details with the other people involved.
• Take photos of the scene, the vehicles, any visible injuries and road conditions.
• Get the names and numbers of witnesses.
• Stick to the facts. Do not guess about what happened or apologize in a way that sounds like an admission of fault.
• Keep your medical records, bills, receipts and notes about missed work.

In California, a crash that injures or kills anyone, or causes more than $1,000 in property damage, generally must be reported to the DMV on form SR-1 within 10 days, whether or not you were at fault. Your own insurance policy also likely requires you to report the accident promptly.

It is a good idea. Some injuries, including concussions, spinal injuries and internal injuries, may not cause obvious symptoms for hours or days. Prompt care protects your health and creates a record that connects your injuries to the accident.

Follow your doctor’s treatment plan and keep your appointments. Insurers often point to delays or gaps in treatment to argue that an injury was minor or caused by something else.

If paying for care is a concern, tell us. We can talk through options such as your health insurance, medical payments (“med-pay”) coverage on your auto policy, and providers who agree to wait for payment until the case resolves.

You generally must cooperate with your own insurance company under your policy. The other driver’s insurer is different: its adjuster works for the person who caused the accident, and you are not required to give them a recorded statement.

Before you speak with the other side’s insurer, we recommend that you talk to a lawyer. Until then, be polite, give only basic contact information, and do not sign a release, a broad medical authorization or a settlement offer. Once you sign a release, you usually cannot reopen the claim, even if your injuries turn out to be worse than you thought.

The first consultation is free. We handle injury cases on a contingency fee basis: you pay no attorney’s fee up front, and our fee is a percentage of the money we recover for you. If there is no recovery, you owe no attorney’s fee.

California law requires a contingency fee agreement to be in writing and to explain the fee rate and how case costs (such as filing fees, records and expert fees) are handled. We will go through the agreement with you and answer your questions before you sign.

For most personal injury cases, California generally gives you two years from the date of the injury to file a lawsuit (Code of Civil Procedure section 335.1). Some claims have different deadlines, including claims against a government agency, medical malpractice claims and property damage claims.

Talking with an insurance company does not stop the clock. If a deadline passes, you may lose the right to recover anything, so it is important to get advice early.

Different injury claims can have other deadlines, and it is not always obvious when a shorter one applies, so talk with an attorney as soon as possible for an evaluation of your specific situation.

A claim that a doctor, hospital or other licensed health care provider was negligent in treating you has its own deadline. Depending on your situation, you may have as little as one year from the date of the injury to file your claim. Other circumstances may apply, which is why it is important to reach out to an attorney immediately.

Different injury claims can have other deadlines, and it is not always obvious when a shorter one applies, so talk with an attorney as soon as possible for an evaluation of your specific situation.

Claims against public entities follow a much shorter timeline. Examples include a crash with a city bus or government vehicle, or an injury caused by a dangerous road or sidewalk. Before you can sue, you generally must file a written claim with the agency first, and you may have as little as six months from the injury to do it (Government Code section 911.2). There are many other rules that apply specifically to government claims, which is why it is important to consult an attorney as soon as possible who can help you navigate this specific legal framework.

Different injury claims can have other deadlines, and it is not always obvious when a shorter one applies, so talk with an attorney as soon as possible for an evaluation of your specific situation.

Often, yes. For many personal injury claims, the two-year period does not begin until the injured child turns 18 (Code of Civil Procedure section 352).

There are important exceptions. The six-month deadline for claims against a government agency is not paused because the injured person is a minor, although there is a late-claim process with its own limits. Medical malpractice claims involving children have their own special rules, and a parent’s own claim, such as for a child’s medical bills, may run on a different clock. Even when a child’s deadline is extended, evidence and witnesses are easier to find early, so do not wait.

Different injury claims can have other deadlines, and it is not always obvious when a shorter one applies, so talk with an attorney as soon as possible for an evaluation of your specific situation.

Usually, yes. California follows “pure comparative negligence”: if you were partly responsible, your recovery is reduced by your share of the fault, but it is not eliminated. For example, if you were found 20% at fault, your damages would be reduced by 20%.

Insurers know this and may try to shift more of the blame onto you to reduce what they pay. One exception to be aware of: under California Civil Code section 3333.4, a driver who was uninsured, or who is convicted of DUI for the accident, generally cannot recover non-economic damages such as pain and suffering, even if the other driver was at fault.

No one can honestly put a number on a case at the start, and we will not promise you a result. The value of a claim depends on its facts, including:

• Your medical expenses, past and future
• Lost income and any effect on your ability to work
• Pain, suffering and how the injury affects your daily life
• Who was at fault, and how clearly that can be shown
• The insurance coverage available

Once we understand your injuries and treatment, we can give you an honest assessment of your options.

It depends on your injuries, how fault is disputed and how the insurance company responds. It is often wise to wait until your treatment has progressed far enough that your doctors can estimate your future care, so a settlement does not leave costs uncovered.

Some claims resolve within months. Cases that require a lawsuit commonly take a year or more, and longer if they go to trial. We will keep you updated and tell you what to expect at each stage.

Your own auto policy may help. Uninsured motorist (UM) coverage can apply when the at-fault driver has no insurance or in some hit-and-run crashes. Underinsured motorist (UIM) coverage can apply when the at-fault driver’s limits are too low to cover your losses.

California insurers must offer UM and UIM coverage, but a policyholder can decline it in writing, so check your declarations page. California’s minimum bodily injury liability coverage is $30,000 per person and $60,000 per accident, which may not go far after a serious injury. UM and UIM claims have their own notice requirements and deadlines, so report the accident to your insurer promptly and get advice early.

The at-fault driver’s insurer usually does not pay medical bills as they come in. In the meantime, bills are commonly paid through your health insurance, Medi-Cal or Medicare, med-pay coverage on your auto policy, or by providers who agree to wait for payment until the case resolves.

Many of those payers have a right to be repaid from a settlement or judgment. This is called a lien. Health plans, Medi-Cal, Medicare and hospitals may all assert liens. We identify the liens on your case and, where the law and the facts allow, work to reduce them so more of the recovery goes to you.

Most personal injury cases resolve without a trial, but some do not. Whether a case settles depends on the facts and on whether the insurer makes a fair offer. We prepare every case as if it may go to trial, and the decision to settle is always yours.

Yes. Se habla español. Call 657.522.7122 and ask for help in Spanish, or visit the Spanish version of our site.

Reardon Stodolka has four offices in California:

• Huntington Beach (Orange County): 20902 Brookhurst St #101, Huntington Beach, CA 92646
• Glendora (Los Angeles County): 440 East Route 66, Glendora, CA 91740
• Encinitas (San Diego County): 111 C St., Encinitas, CA 92024
• San Jose (Silicon Valley): 325 1st St. Suite 120, San Jose, CA 95113

We represent injured people throughout California, and you do not need to visit an office to get started. Call 657.522.7122 or email info@reardonstodolka.com.