How long do I have to file a personal injury claim in Los Angeles?
You have two years from the date of injury to file a lawsuit under California Code of Civil Procedure §335.1. This deadline applies to most car accidents, slip and falls, and other injury cases in LA County.
Missing this deadline means losing your right to compensation, even if your case is strong. The clock starts ticking the day you're injured, not when you discover the full extent of damages.
Important exceptions shorten this timeframe:
- Government claims: 6 months to file a claim if a city vehicle, Metro bus, or county employee caused your injury
- Medical malpractice: 1 year from discovery or 3 years from the incident, whichever comes first
- Minors: The clock doesn't start until they turn 18
What's my personal injury case worth in California?
Your case value depends on medical bills, lost wages, and pain and suffering. California uses a "multiplier method" where economic damages get multiplied by 1.5 to 5 based on injury severity.
Economic damages include:
- Current and future medical expenses
- Lost income and reduced earning capacity
- Property damage (vehicle repairs, personal items)
Non-economic damages cover:
- Physical pain and emotional distress
- Loss of enjoyment of life
- Scarring or permanent disability
Serious injuries like spinal cord damage or traumatic brain injuries typically result in higher settlements. California doesn't cap damages in injury cases, unlike medical malpractice claims.
How do most personal injury cases get resolved in LA?
About 95% of personal injury cases settle before trial. Insurance companies prefer settling to avoid the cost and unpredictability of jury verdicts in Los Angeles County Superior Court.
Settlement negotiations typically happen after you finish medical treatment. Your lawyer sends a demand letter with medical records and evidence, then negotiates back and forth with the adjuster.
Cases go to trial when insurers deny liability or make unreasonably low offers. LA jury trials can take 12-18 months to reach court due to crowded dockets, but the threat of trial often pushes insurers to settle fairly.
What does "contingency fee" mean when hiring an injury lawyer?
You pay nothing upfront and your lawyer only gets paid if you win. The standard contingency fee in California is 33-40% of your settlement or verdict.
Here's how it works:
- 33% if the case settles before filing a lawsuit
- 40% if the case goes to trial
- The percentage comes out of your total recovery
If you receive a $100,000 settlement at 33%, your lawyer gets $33,000 and you get $67,000 minus any case costs. You never pay anything if you lose your case.
Should I accept the insurance company's first offer?
No. Initial offers are typically 10-30% of what your case is actually worth. Adjusters lowball, hoping you'll accept before consulting a lawyer.
Insurance companies calculate their first offer before you finish treatment or know the full extent of your injuries. They also ignore pain and suffering or minimize your lost wages.
Wait until you reach maximum medical improvement before settling. Once you sign a release, you cannot reopen the case even if complications develop later.
How do I prove the other driver was at fault in California?
California follows "pure comparative negligence" under Civil Code §1714, meaning you can recover damages even if you're partially at fault. Your compensation gets reduced by your percentage of blame.
Strong evidence includes:
- Police reports and traffic citations
- Witness statements and contact information
- Photos of vehicle damage, skid marks, and intersection
- Video footage from dashcams, security cameras, or traffic cameras
If you're 20% at fault and have $100,000 in damages, you still recover $80,000. This makes gathering evidence crucial since insurers will try to shift blame onto you.
What if I was hit by an Uber or Lyft driver in Los Angeles?
Rideshare companies carry $1 million in liability coverage when the driver has a passenger or is en route to a pickup. This coverage applies throughout LA and California.
Coverage depends on the driver's status:
- App off: Only the driver's personal insurance applies
- App on, waiting for request: $50,000 per person contingent coverage
- Passenger in vehicle or heading to pickup: Full $1 million policy
Rideshare claims are more complex because you may be dealing with multiple insurance companies. The rideshare company, the driver's personal insurer, and potentially another driver's insurer could all be involved.
How do I compare personal injury lawyers in Los Angeles?
Look for attorneys with trial experience and a track record of substantial settlements or verdicts. Many lawyers advertise but never actually go to court, which weakens their negotiating power.
Ask these specific questions:
- How many cases like mine have you handled?
- What's your trial-to-settlement ratio?
- Who will actually work on my case (partner or associate)?
- How do you communicate with clients during the process?
Check their State Bar record at the California State Bar website for any disciplinary actions. Read recent Google reviews, not just testimonials on their website, to get unfiltered client feedback.
Do I need a lawyer for a minor car accident injury?
Yes, if you have any medical treatment beyond a single doctor visit. Insurance companies pay unrepresented claimants far less than those with attorneys, even after legal fees.
Injuries that seem minor often become serious problems weeks or months later. Soft tissue damage, concussions, and back injuries commonly worsen over time. Once you settle without a lawyer, you can't reopen the claim.
Handle it yourself only if:
- You had zero medical treatment
- You have no lost wages
- Your property damage is the only issue
What should I bring to my first meeting with an injury lawyer?
Bring any documents related to the accident and your injuries. The more information you provide upfront, the faster your lawyer can evaluate your case.
Essential documents include:
- Accident report from LAPD, CHP, or other agency
- Insurance information for all parties
- Medical records and bills from treatment
- Photos of injuries, vehicles, and accident scene
- Contact information for witnesses
Don't worry if you don't have everything. Most lawyers can help you obtain missing records and reports during the case.
Will my personal injury case go on my record?
No. Civil lawsuits for personal injury don't create a criminal record or appear on background checks. Filing a claim is a private legal matter between you and the defendant's insurance company.
Court records are public, meaning anyone can look up your case on the LA Superior Court website. However, most cases settle privately before filing, keeping everything confidential.
Your case won't affect future insurance rates unless you were at fault. Legitimate injury claims where someone else caused the accident don't count against you.
How long does a personal injury case take in Los Angeles?
Most cases settle within 6-12 months after you finish medical treatment. Cases that go to trial can take 18-24 months due to court backlogs in LA County.
Timeline factors include:
- Treatment duration (can't settle until you're done)
- Liability disputes (contested fault takes longer)
- Policy limits and available insurance
- Court scheduling and trial date availability
Serious injuries take longer because you need to reach maximum medical improvement first. Rushing to settle before finishing treatment means leaving money on the table.
