Frequently asked questions about personal injury cases
Victims and survivors of truck accidents, bus accidents and other vehicle accidents often have questions about their case and the law in general. Here are some frequently asked questions, but we urge you to contact Kate Harvey-Lee if you have specific questions about a collision you or a loved one was involved in.
What is a personal injury case?
Personal injury laws in California allow injured people and accident victims to bring claims and lawsuits against the offending parties responsible for causing harm. There may be a statute of limitations however in California from the date of the injury. This statute may vary depending upon the injury, the location and the alleged parties involved.
How do I know if I have a case?
Speaking with a qualified attorney will help you sort this out, but you will need proof of the injury that resulted from a different person or party’s violation of a duty owed to you. Medical records, physical evidence, and visual evidence such as photos or videos can highlight the negligent actions.
Who can file a claim?
In most cases, an individual who has been hurt in any kind of accident, or a surviving family member, in the following circumstances:
- Injured in within the statute of limitations
- The injury resulted in someone suffering financially as well as physically or psychologically.
- The cause of the injury was wholly or partly by somebody else or a separate entity.
Is there a time limit on filing a claim?
Yes, but the specific period of time depends upon a number of factors. Location, party involved, whether or not a government entity is involved and more all play a part in determining the time frame in which a claim must be filed. It’s best to contact an attorney right away and begin the process of making a claim if you’ve been injured.
How much is my claim worth?
This varies greatly. The severity of the injuries, the negligence of the opposing party, the type of opposing party, whether or not there is adequate insurance coverage and more are all a part of determining this answer.
How long will my case take?
Some claims take 5 years or more, others take less than 2. Plaintiffs in California for example can expect a truck accident lawsuit will take at least two years to resolve, and if a government entity is involved, that period may be even longer. Other states may have other time lines.
Do I need a personal injury lawyer in a truck accident case?
Anyone who has been injured may represent themselves. But, having a skilled, knowledgeable and compassionate attorney guiding you through the process and advocating on your behalf will almost always result in a far better result.
Why do I need a truck accident attorney?
There is nothing common or standard about a trucking accident. Many attorneys advertise that they handle truck accident cases, but often do not have the background and experience to handle these complex matters. Crashes involving semi-tractor trailers have inherently different dynamics than auto collisions. And finding those responsible and holding them to account is complex since most carriers are regulated by a complicated web of federal and state law. It’s important to have an attorney who specializes in this law by your side.