Frequently Asked Questions About Personal Injury Cases
Why should I hire The Liu Law Group to represent me?
We are compassionate about you and your family's suffering. We answer your calls. We have an excellent reputation for getting great results in all types of tort claims. Hiring us will ease the difficulties faced in your case. And we have won significant sums of money for injury victims over the years. Contact us for a free consultation.
In a California traffic collision, how can I recover under proposition 213 for my personal injury when I failed to maintain a valid "liability insurance" policy?
In California, unless the other driver was drunk, you can usually only recover your medical bills and future medical care, but not for pain and suffering. If you were a passenger in a vehicle you don't own, you are not barred from recovering for pain and suffering. If you were a pedestrian, you can always recover. There are a few other exceptions to these rules that should be explored. Call us now and get free advice.
If I retain The Liu Law Group, how will I pay for my legal fees and expenses?
Our firm will advance the costs of your case if you and Long Z. Liu agree on legal retention to represent you. This means you only pay if we achieve a settlement or verdict for you at the end of the case.
Can I learn the law?
Many free legal resources are available on websites discussing relevant California law, and even out-of-state laws such as Justicia and Lawcore.
What is the statute of limitations in California personal injury cases?
In most cases, the statute of limitations for serious injury is two (2) years from the date of the injuries. Often, the statute is one year for defamation of character cases, false light and false imprisonment. You must settle within the statute, or file a lawsuit in either federal or state court within the statutory time frames, or you will be barred from recovery. Keep in mind that state and local government agencies require you to file a government claim within six (6) months from the date of the accidents. In uninsured motorist (UM) cases, there is a two (2) year statute for minors as well as adults. The above rules generally apply in all accidents arising in the State of California.
What if I sustained catastrophic injuries and there is not enough insurance to pay?
The key is to never stop looking for additional insurance coverage. If you were a pedestrian for example, you may be able to recover from the defendant's home-owners insurance. It could also happen that the tortfeasor was engaged in the course and scope of employment when he injured you. This means he could have a policy of liability insurance covering the accident through his employer. There could be an excess or umbrella insurance policy. There could be more than one potential defendant, such as injury from a defective car, or car brakes, or seatbelt. Once the suit is filed, we can conduct discovery and see if there are other insurance policies to get money from.
Since I am paying a contingency fee shouldn't I just handle the case on my own and not pay the lawyer?
In general, this is not a good idea. In fact, this is often what insurance companies want you to do! Insurance companies know that proper legal representation often results in a much higher settlement, which hurts their bottom line - The Law Liu Group will fight on your behalf to maximize the settlement value of your personal injury case. Unfortunately, some insurance companies have a reputation for breaking promises and stringing unrepresented parties along until the statute of limitations expires and a settlement is no longer possible. Or an in insurance company might offer a settlement that is much less than what you are entitled to. We understand the system, and retain investigators and skilled expert witnesses to prepare your case for a top dollar settlement. We know where to find doctors who work on a lien basis if you are unable to afford a doctor (or don't have health insurance). Our Firm has the ability to evaluate a potential jury verdict, and can take a case to trial if an insurance company isn't willing to pay you what is fair and reasonable. Contact us for a free consultation.
What if I don't have health insurance; how do I pay for a doctor and hospital bills to treat my wounds?
Many doctors, hospitals, X-Ray centers, MRI centers, and pharmacists offer medical services to our clients on a lien basis. This means these health care providers agree to await payment until you either settle or win a jury verdict. This might be advisable over electing to use your PPO or HMO coverage under your private health insurance policy. The reason: HMOs & PPOs often have contracts that allow them to get reimbursement out of your recovery, and they often refuse to negotiate down their bills, unlike many lien basis providers. The result: your choosing a lien doctor could significantly increase how much money you actually put into your own pocket once the case has settled.
How long will it take to either settle or try my case?
As a general rule, the more devastating your injuries and the more complex your case is, the more time it will take to get a result for you. A rear end collision causing whiplash will normally take less time than a disc burst fracture. When there are multiple defendants in a serious injury case, it can take as long as two (or more) years to resolve.
In a traffic collision where no one contests liability, does the defendant's insurance company pay for car repair right away?
With few exceptions, the answer is yes. Normally you will get rental car reimbursement for up to 30 days while your car is in the repair shop. If you elect not to get a rental, you can seek recovery for loss of use. Usually you would get what the fair rental value for a car like yours would be while you don't have your car.
If I slipped and fell on another person's property, will they be liable for paying my bills and pain and suffering?
You can recover if there is a known dangerous condition to the owner you weren't aware of, or if there is circumstantial evidence of dangerous conditions by the landowner's failure to make reasonable inspections for safety. If you want to collect money damages, you must establish the property owner was negligent. This would include a loose floor board, a wet floor that is not mopped up (like from a spill for example - a common slip and fall injury), unleveled sidewalks, slippery stairs, loose handrails, etc. It is of great value if after the incident you filed an incident report, told a manager, took pictures, or got witness phone numbers to prove you were there and that you were injured.
Premises Liability/Slip and Fall Injuries
Premises liability is when a property owner fails to make dangerous conditions on his/her property safe, and victims get injured. This includes failure to make reasonable safety inspections. It is a type of property owner negligence. You could slip and fall on a wet floor and suffer and neck and back injury. You could trip in a hole and break an ankle. You are entitled to money damages for your slip, trip, and fall injuries in certain circumstances.
In a traffic collision, can I say who repairs my car, or is it up to defendant's insurance company?
Easy - you get to choose who gets to repair your car!
Shouldn't I give a recorded statement to a defendant's insurance company?
Never! Insurance adjustors are often adept at luring you into inconsistent statements, or getting you to say you're not even really hurt. In many cases, they will often attempt to discredit you and make it harder for you to recover. They will use your statements against you later to impeach you if the case gets filed and goes to court.
If I am at fault, how can I get money for my damages and injuries?
Under California's pure comparative negligence rules, you can almost always recover something based upon your percentage of fault, no matter how great or small. Yes you can recover, but you need to speak to a lawyer.
If I lost time off work, will I be reimbursed for lost wages?
Yes you can. This is true even is you are collecting disability pay or sick leave.
If injured in a traffic accident, how do I get paid if the liable defendant didn't have
car insurance?
In many cases, you can get money from your own comprehensive insurance policy if you have uninsured motorist, or UM coverage. You can get vehicle repairs from your collision coverage if you are in possession of that type of coverage. If you purchased medical pay coverage, or have health insurance, you can pay some, if not all of your medical bills that way. Your lost wages may even be covered by California State Disability Insurance in some cases. In fact, every motor vehicle liability insurance policy in the State of California must be sold with uninsured motorist coverage. The only exception to this rule is if you signed a waiver of exclusion. If the insurance company can't produce a waiver of uninsured motorist coverage, the insurance company may be on the hook for the bills. In all events, UM claims are a challenge - get a lawyer to represent you.
I already had pre-existing injuries prior to my injuries. Can I still recover if the injury was made worse?
Yes you can recover. Under the eggshell skull theory, the tortfeasor takes the plaintiff as he finds him. If you are more likely to be injured as the result of a pre-existing condition, you get paid for the exacerbation. There is no set of available to the insurance company because of that pre-existing injury/condition.
Who decides who is at fault for my accident injury case?
Circumstantial evidence like skid marks are used, and direct evidence from witness statements. In motor vehicle collisions, the police report can be helpful in determining fault (assuming you made one). Sometimes there may be pictures from security cameras. In all events, you must be vigilant and get license plates, driver's license information, and descriptions of parties. Call the police, take pictures with your cell phone camera. Get witness names and their contact info too.
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