Personal Injury FAQs

Yaghmai Law Firm, APC represents people injured by someone else’s negligence across California. Below are answers to the questions we hear most often from prospective and current clients. If your situation is not covered here, call us at (888) 800-6731 or request a free case review.

1. How long do I have to file a personal injury lawsuit in California?

Two years from the date of the injury for most personal injury claims, under Code of Civil Procedure section 335.1. Three years for property damage only, under section 338(c). If a government entity is involved — a city vehicle, a public bus, a road defect — you must file an administrative claim within six months under Government Code section 911.2. There are narrow exceptions that can extend or shorten these deadlines (minors, delayed discovery of an injury, defendants who leave the state), but the safest assumption is that the clock is running from day one.

2. What does it cost to hire a personal injury lawyer?

We work on a contingency fee. There is no upfront cost, no hourly billing, and no retainer. Our fee is a percentage of the recovery, agreed to in writing before we begin. If we do not recover money for you, you do not owe us a fee, and you are not responsible for costs we advanced on your case.

3. What should I do immediately after an accident?

Call 911 if anyone is hurt. Get the other party’s name, license, insurance, and phone number. Take photos of every vehicle, license plate, the position of the vehicles, debris, traffic signals, and any visible injuries. Get witness contact information. See a doctor within 24 hours even if you feel fine — soft-tissue injuries, concussions, and disc injuries routinely present 24 to 72 hours after an accident. Do not give a recorded statement to the other driver’s insurance company.

4. Do I have to talk to the other driver’s insurance company?

No. You have no legal obligation to give a statement to the at-fault party’s insurer, recorded or otherwise. You are required to cooperate with your own insurance company under your policy. The other side’s adjuster is trained to settle your claim for as little as possible. If they call, you can tell them your attorney will be in contact and end the call.

5. What if I was partially at fault?

You can still recover. California uses pure comparative fault — your recovery is reduced by your percentage of fault, but you are not barred from bringing a claim. A finding that you were 40% responsible reduces a $100,000 award to $60,000. It does not eliminate it.

6. What types of damages can I recover in a California personal injury case?

California law divides damages into two main categories, plus punitive damages in rare cases. These categories come from the California Civil Jury Instructions (CACI 3900 series), which is what a judge reads to a jury at trial.

Economic damages

Economic damages are the measurable financial losses. A jury can award compensation for:

Medical expenses, past and future (CACI 3903A) — hospital bills, surgery, physical therapy, prescription medications, imaging, and any future care you are reasonably certain to need. Example: a herniated disc from a rear-end collision that requires an epidural injection now and may require a fusion surgery later.

Lost earnings, past and future (CACI 3903C) — wages, salary, commissions, bonuses, or self-employment income you lost because of the injury and will continue to lose during recovery. Example: a rideshare driver who cannot work for three months after a broken wrist.

Lost earning capacity (CACI 3903D) — the reduction in your ability to earn money in the future, even if you were not employed at the time of the accident. Example: a construction worker with a permanent back injury who can no longer do physical labor and must retrain for desk work at lower pay.

Household services (CACI 3903E) — the value of household tasks you can no longer perform, such as cooking, cleaning, childcare, or yard maintenance. Example: a single parent with a shoulder injury who has to hire help for three months.

Property damage (CACI 3903J) — the cost to repair your vehicle, or if totaled, its fair market value before the accident. Also covers personal property inside the vehicle (laptop, phone, car seat).

Loss of use of property (CACI 3903M) — rental car costs or other transportation expenses while your vehicle is being repaired or replaced.

Non-economic damages

Non-economic damages compensate for harm that does not have a dollar figure attached to it (CACI 3905A). A jury may award compensation for:

Physical pain and suffering — the actual physical pain from the injury and recovery process. Example: chronic neck pain after a whiplash injury that persists for months.

Mental suffering and emotional distress — anxiety, depression, fear of driving, sleep disruption, irritability, and other psychological effects. Example: a pedestrian struck in a crosswalk who develops lasting anxiety about crossing streets.

Loss of enjoyment of life — activities and pleasures you can no longer do or no longer enjoy because of the injury. Example: an avid runner with a torn ACL who can no longer run competitively.

Physical impairment — any lasting limitation on your physical abilities. Example: reduced range of motion in a shoulder after a rotator cuff tear.

Disfigurement — scarring, visible deformity, or other changes to your appearance. Example: facial scarring from a windshield laceration.

Inconvenience — the disruption to your daily routine and quality of life during recovery.

There is no formula or fixed standard for calculating non-economic damages. The jury uses its judgment based on the evidence.

Loss of consortium (CACI 3920) — a separate claim available to the spouse of an injured person for the loss of companionship, comfort, care, assistance, protection, affection, moral support, and sexual relations.

Punitive damages are available only when the defendant’s conduct was malicious, oppressive, or fraudulent. The most common example in personal injury is a drunk driving case. Punitive damages are not available against government entities.

7. What if the other driver was uninsured or underinsured?

Your own uninsured/underinsured motorist (UM/UIM) coverage steps in. It is part of most California auto policies unless you specifically rejected it in writing. UM covers crashes where the at-fault driver has no insurance, including hit-and-run. UIM covers crashes where their insurance limits are too low. Check your declarations page.

8. I was uninsured when I got hurt. Can I still file a claim?

Yes, but with a significant limitation. Under Civil Code section 3333.4 (Proposition 213), an uninsured driver cannot recover non-economic damages — pain and suffering, emotional distress, loss of enjoyment of life — even if the crash was entirely the other driver’s fault. You can still recover medical bills, lost wages, and property damage. Narrow exceptions exist, including if the at-fault driver was convicted of DUI.

9. How long does a personal injury case take?

It depends on the complexity of the injuries and liability. Straightforward soft-tissue cases with clear liability can resolve in a few months once treatment is complete. Cases involving serious injuries, disputed liability, multiple parties, or litigation typically take one to two years or longer. We do not push clients to settle before they have finished treating, because early settlements almost always leave money on the table.

10. What is my case worth?

There is no honest answer to this question without knowing your specific injuries, treatment, documentation, insurance limits, and liability picture. Any lawyer who quotes a number before reviewing your medical records is guessing. What we can tell you is what categories of damages California law allows — economic damages, non-economic damages, and in rare cases punitive damages — and how insurance limits, comparative fault, and Proposition 213 affect recovery. Request a free case review and we can give you a realistic assessment once we understand the facts.

11. Do I need to come to your office?

No. Most of our clients never meet us in person. Intake, document signing, communication, and case updates all happen digitally. If you prefer to meet in person, our office is at 15303 Ventura Boulevard, Suite 900 in Sherman Oaks.

12. What areas do you serve?

We represent clients throughout California — see our full list of areas served by county and city. Our office is in Sherman Oaks, in the San Fernando Valley, and we handle cases across Los Angeles County, Ventura County, Orange County, the Inland Empire, and statewide. California personal injury law is state law, not local, so where you were injured within California does not limit which attorney you can hire.

13. What types of personal injury cases do you handle?

We handle car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, bus accidents, Uber and Lyft accidents, airplane accidents, burn injuries, brain injuries, train accidents, and wrongful death claims.

14. What happens to my car after an accident? How do I get it repaired or replaced?

If your car is drivable, you can get repair estimates and submit them to the at-fault driver’s insurer or your own collision coverage. If it is not drivable, it will be towed to a storage yard — get it out quickly, because storage fees add up fast and are not always fully reimbursable. The at-fault driver’s insurance owes you the cost of repair, or if the vehicle is totaled (repair cost exceeds the car’s actual cash value), they owe the pre-accident fair market value of the vehicle minus any applicable deductible. You are entitled to choose your own repair shop. If you disagree with the insurer’s valuation, you can challenge it with comparable vehicle listings and a written demand.

15. Can I get a rental car while mine is being repaired?

If the other driver was at fault, their liability insurance should cover a rental car for the reasonable time it takes to repair or replace your vehicle. If your car is totaled, rental coverage typically extends for a reasonable period after the total-loss settlement offer — not indefinitely. If you have rental reimbursement coverage on your own policy, you can use that regardless of fault and get reimbursed later. Keep the rental reasonable — insurers will not pay for an upgrade over what you were driving.

16. What if I was a passenger in the car that crashed?

Passengers are in a strong legal position because they are almost never at fault. You can file a claim against the at-fault driver’s insurance, and if the driver of the car you were in was also at fault, you can file against their insurance too. Proposition 213‘s bar on non-economic damages does not apply to passengers — even if the vehicle you were riding in was uninsured. If the at-fault driver’s coverage is insufficient, you may have a UM/UIM claim under your own auto policy or a household member’s policy.

17. What if I was hit by a government vehicle or injured by a road defect?

You must file an administrative claim with the government entity (city, county, or state) within six months of the incident under Government Code section 911.2. This is a hard prerequisite — if you miss it, you generally cannot sue. The claim form requires specific information about the incident, injuries, and a dollar amount. If the claim is denied or not responded to within 45 days, you then have six months from the denial to file a lawsuit. The rules are strict and the deadlines are shorter than in private-party cases. Talk to a lawyer before the six-month window closes.

18. My car was totaled. When can I drop collision and comprehensive coverage?

Once the insurance company declares your vehicle a total loss and you accept the settlement, you no longer need collision or comprehensive coverage on that vehicle — you no longer own it. Contact your insurer to remove the totaled vehicle from your policy. If you are not replacing it immediately, you may be able to reduce your policy to liability-only on any remaining vehicles, or suspend coverage entirely if you will not be driving. Do not cancel your auto policy altogether if you plan to drive again soon — a gap in coverage can raise your premiums and may create problems under California’s financial responsibility laws. If you are buying a replacement vehicle with a loan, the lender will typically require full coverage on the new vehicle.