Personal Injury FAQ

Answers to Common Questions Regarding Personal Injury Claims

Most people who approach a law firm about the possibility of filing a personal injury claim know very little about the claims process or what to expect. Many of them are meeting a lawyer for the first time and sometimes feel anxious about dealing with the legal system.

At Thorsnes Bartolotta McGuire, we have served the San Diego community for two generations, we know the questions people have about the claims process. Listed below are answers to some of the questions we hear most often.

Is There a Deadline for Filing a Personal Injury Claim?

In the state of California, most injury claims fall under a two-year statute of limitations. This means that you have only two years from the day of the accident to file a claim. After that you give up your rights to pursue compensation for your injuries.

How Much Does It Cost to File a Claim?

We take personal injury cases on a contingency fee basis. That means that we only get paid if we win the case for you. There are no upfront or out-of-pocket costs. We are paid based on a percentage of the final settlement. If we do not win your case, you pay nothing.

How Long Does the Case Take?

Every case is different and the amount of time it takes to settle a claim depends on the specific circumstances surrounding your claim. The primary factors are the complexity of your claim, your injuries and how many parties are involved. If the insurance company digs in its heels and the case goes to court, it can drag on for years.

What Is My Personal Injury Claim Worth?

The size of your settlement depends on the extent of your injuries, the expenses related to your injuries and the court’s determination of how much you may or may not be at fault for the accident (your comparative fault).

What Is Comparative Fault and How Does It Work?

California’s comparative fault system is a way of determining how much each person involved in the accident was to blame. If you are found to be partially at fault, your settlement is reduced by the percentage determined by the court. For example, if the court determines that you are 10 percent responsible for the accident that caused your injuries, the final settlement is reduced by 10 percent.

Will My Case Go to Court?

It is almost always better to settle claims out of court. Trials are expensive and time-consuming with no guarantee of a verdict in your favor. Our personal injury attorneys always attempt to negotiate a settlement with the insurance company first, but we are always prepared to go to trial if it is in your best interest to do so.

Contact Thorsnes Bartolotta McGuire Today

If you are considering filing a personal injury claim, contact us today for free initial consultation. Fill out our online contact form or call us at 619-236-9363. We are dedicated to making your life better.