Frequently Asked Questions
Plain-English answers to the questions injured people ask us most.
Nothing upfront. Personal injury cases are handled on a contingency fee: the consultation is free, we advance case costs, and if there is no recovery you owe no attorney fees and no costs. At the end of the case you receive a complete written breakdown of the settlement, fees, costs, and liens — so you see exactly where every dollar went.
It depends primarily on your medical treatment timeline and the insurer's posture. Many claims resolve within months after treatment concludes; cases requiring litigation or arbitration take longer. We don't rush settlement while you're still healing — settling before the medical picture is clear almost always undervalues a claim. We keep you updated so you're never wondering what's happening.
California follows comparative negligence: being partly at fault reduces your recovery by your percentage of fault, but it does not bar your claim. Insurers exaggerate comparative fault to discount claims — we've recovered full policy limits in cases where liability was genuinely disputed.
You may still have a strong claim through your own uninsured/underinsured motorist (UM/UIM) coverage — which can also apply when you're a pedestrian or on a bike. Sequencing matters: settling with the at-fault carrier without your own insurer's written consent can forfeit UIM coverage. More on UM/UIM claims.
It depends on the injury and the insurer's behavior — and we'll tell you honestly if you don't need us. But "soft tissue" is often an adjuster's label for injuries that turn out to involve disc protrusions, nerve impingement, or partial tears visible on MRI. If pain persists, get evaluated properly before accepting any offer.
No. You have no obligation to give the at-fault carrier a recorded statement, and early statements are routinely used against injured people. You must cooperate with your own insurer — keep that report brief and factual. See our step-by-step guidance.
Usually your health insurance, MedPay coverage, or providers who treat on a lien — the at-fault insurer generally pays once, at the end. Health plans, Medicare, and Medi-Cal may claim reimbursement from your settlement; we negotiate those liens down at the close of the case. Full explanation here.
No honest lawyer can tell you in the first conversation. Value depends on liability evidence, injury documentation, treatment course, lost income, available coverage, and comparative fault. What we can do immediately is explain which factors will drive your case's value — and how we develop each one.
Most cases settle. But insurers pay more to firms they know will file suit and try the case if needed, so we prepare every claim as if it may be litigated. If filing suit becomes the right move, we'll explain why, what it costs, and what to expect.
Generally two years from the date of injury in California — but exceptions can shorten that dramatically. Claims against government entities generally require a formal claim within six months, and some professional negligence claims carry a one-year deadline. Evidence disappears quickly either way; early advice preserves options.
More common than you'd think — and it stops many people from pursuing legitimate claims. In most cases you're pursuing an insurance policy, not the person; that's what the coverage exists for. Coverage questions in these situations can be technical, and we handle them with care for the relationships involved.
Yes — consultations are available in English and Vietnamese (Tiếng Việt), in person at our San Jose office, by phone, or by video.
Have a question that isn't answered here? Ask us directly — the consultation is free, and reaching out doesn't obligate you to anything.