Personal Injury Frequently Asked Questions

Suffering an injury can be overwhelming—especially when it’s caused by someone else’s negligence. Medical bills, time away from work, and the stress of dealing with insurance companies often leave injury victims unsure of what to do next.

If you or a loved one has been injured in Salinas, California, you likely have many questions about your rights, the claims process, and what to expect moving forward.

While every case is unique, this guide can help you better understand California’s personal injury laws and what steps you may need to take to protect your health, your finances, and your future.

What Is a Personal Injury Claim?

What Is a Personal Injury Claim?

Personal injury cases are brought when someone is harmed because of another person’s or entity’s negligence, recklessness, or intentional wrongful conduct. Injuries can be physical, emotional, or both.

Common types of personal injury cases include car accidents, slip-and-falls, workplace injuries, motorcycle crashes, bicycle crashes, pedestrian accidents, dog bites, medical malpractice, wrongful death actions, and more.

What Kinds of Damages Can I Recover?

If your claim is successful, you may recover several different categories of damages under California law, including: 

  • Economic damages: These are tangible, measurable losses. They include medical bills (past and future), cost of rehabilitation or therapy, lost wages and lost earning capacity, property damage, and more.
  • Non-economic damages: These cover intangible losses—pain and suffering, emotional distress, loss of enjoyment of life, loss of companionship, and more.
  • Punitive damages: In rare cases, if the defendant acted with malice, fraud, or oppression, punitive damages are meant to punish the wrongdoer and deter similar conduct in the future. 

A skilled attorney can carefully evaluate your case and assess the full extent of your damages. 

How Long Do I Have to File a Personal Injury Lawsuit in California?

In California, you typically have two years to file a personal injury lawsuit. If you miss the applicable deadline, you may lose your right to file a lawsuit and recover compensation for your injuries and losses. 

It’s important to act quickly and seek legal guidance as soon as possible after an injury.

How Long Does It Take to Resolve a Personal Injury Case?

The timeline for a personal injury case depends on many factors, including:

  • How serious the injury is and whether your medical condition stabilizes
  • How complex the case is 
  • Whether liability is disputed 
  • The strength of the evidence
  • Whether the case settles out of court or goes to trial

Some cases settle in a few months, others take a year or more. Your attorney can often give an estimate based on your specific facts.

What Should I Do Right After an Injury?

Taking timely and appropriate steps helps protect your rights and improve your case. 

Steps to take after suffering an injury include the following:

  1. Seek medical attention immediately. Get help even if you think your injuries are minor. Some injuries develop or worsen over time.
  2. Document everything. Take pictures of the scene, your injuries, and property damage; get contact info for witnesses; keep all bills and medical records.
  3. Report the accident. If appropriate, notify the police, your employer, or property manager.
  4. Be cautious. Avoid giving a recorded statement or signing anything without consulting an attorney, especially when talking to insurance adjusters.
  5. Keep notes. Document how the injury affects daily life, your pain levels, and any limitations you experience.

You should also contact a Salinas personal injury attorney as soon as possible to learn about your options. 

Can I Recover Compensation if I’m Partly at Fault for the Accident?

California uses a system of pure comparative negligence. That means even if you are partly at fault for the accident, you may still recover damages—but your recovery will be reduced by your percentage of fault. For instance, if you are found 30% at fault, your award will be reduced by 30%. Even someone 90% at fault can recover 10%.

How Much Is My Case Worth?

The value of personal injury cases typically depends on several crucial factors, including the following:

  • Severity and permanence of injuries
  • Amount of medical treatment required
  • Lost wages and impact on the ability to work in the future
  • Emotional harm, pain, and loss of enjoyment of life
  • Whether you are partially at fault 
  • Insurance policy limits

An experienced personal injury attorney can evaluate your case and work to ensure you don’t settle for less than you deserve. 

How Can a Salinas Personal Injury Lawyer Help With My Case?

A personal injury lawyer can step in to protect your rights and handle the legal process so you can focus on healing. 

A Salinas personal injury attorney can help with the following: 

  • Case Evaluation and Strategy. An attorney can review the facts of your situation, explain your legal options, and develop a strategy tailored to your case. 
  • Investigation and Evidence Gathering. Building a strong claim requires thorough evidence. Your lawyer can collect medical records, police reports, witness statements, and even work with experts such as accident reconstructionists or medical specialists to strengthen your case.
  • Handling the Negotiation Process. Insurance adjusters are trained to minimize payouts. A seasoned lawyer knows how to negotiate with insurers and protect you from lowball offers.
  • Representation in Court – While many cases settle, some require litigation. If your case goes to trial, your lawyer will present evidence, cross-examine witnesses, and advocate on your behalf before a judge or jury.

Having a trusted advocate allows you to focus on recovery while your attorney handles every aspect of the legal process.

Contact the Salinas Personal Injury Lawyers at Mercado Kramer, LLP for a Free Consultation

If you’ve been injured in Salinas, California, understanding your rights and the claims process can help you make informed decisions. When you’re ready for legal help, you don’t have to go through this alone—Mercado Kramer, LLP is here for you.

Contact us today for a free consultation with a skilled Salinas personal injury attorney at (888) 311-4050.

Visit Our Personal Injury Law Office in Salinas, CA

450 Lincoln Ave Ste. 102, Salinas, CA 93901
(888) 311-4050
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