Frequently Asked Injury Claim Questions

At J. Hartley Law, APC, we work on a contingency fee basis for personal injury cases. This means:

• You pay no upfront costs or hourly fees.
• We only get paid if we win your case or secure a settlement for you.
• Our fee is a percentage of the compensation we recover for you.

This arrangement allows you to access high-quality legal representation without any financial risk. The exact percentage can vary depending on the complexity of your case and whether it goes to trial, but it will be clearly outlined in our agreement before we begin working on your case.Additionally, we offer free initial consultations to discuss your case and determine the best course of action. This allows you to get expert legal advice without any obligation or cost.

California follows a "pure comparative negligence" rule in personal injury cases. This means you can still recover damages even if you were partially at fault for the accident, but your compensation will be reduced by your percentage of fault.

For example, if you're found to be 20% at fault for an accident and your total damages are $100,000, you would be able to recover $80,000 (80% of the total damages).

It's important to note that insurance companies may try to assign you a higher percentage of fault to reduce their payout. At J. Hartley Law, APC, we work to minimize any fault attributed to you and maximize your compensation.

While it's possible for a personal injury case to go to trial, the majority of cases are settled out of court. The likelihood of your case going to trial depends on factors such as:

• The strength of evidence supporting your claim
• The willingness of the other party to negotiate fairly
• The complexity of the legal issues involved
• The amount of damages being sought

At J. Hartley Law, APC, we prepare every case as if it will go to trial. This thorough approach often leads to more favorable settlement offers. However, if a fair settlement can't be reached, we're fully prepared to advocate for you in court. We'll discuss all options with you and make recommendations based on what's best for your specific situation.

If you've been involved in an accident or suffered an injury, taking the following steps can help protect your health and potential legal claim:

1. Seek medical attention immediately, even if injuries seem minor.
2. Report the incident to the appropriate authorities (e.g., police for car accidents, management for slip and falls).
3. Document the scene: Take photos and videos if possible.
4. Collect contact information from witnesses.
5. Do not admit fault or apologize, as this could be used against you later.
6. Keep all medical records and receipts related to your injury.
7. Do not give statements to insurance companies without legal counsel.
8. Contact a personal injury attorney as soon as possible.

Remember, your health and safety should always be your first priority. Once you're safe, reaching out to J. Hartley Law, APC can help ensure your legal rights are protected from the start.

The duration of a personal injury case can vary significantly depending on several factors:

• Complexity of the case
• Severity of injuries
• Willingness of the other party to negotiate
• Court schedules if the case goes to trial

Some cases may settle within a few months, while others can take a year or more to resolve, especially if they go to trial. Generally, the process involves:

1. Investigation and gathering evidence
2. Filing a claim or lawsuit
3. Negotiation and possible mediation
4. Trial (if a settlement isn't reached)

At J. Hartley Law, APC, we strive to resolve your case as efficiently as possible while ensuring you receive fair compensation. We'll keep you informed throughout the process and work diligently to achieve the best possible outcome in a timely manner.

It's generally not advisable to accept an insurance company's initial settlement offer without first consulting an experienced personal injury attorney. Insurance companies often try to settle claims quickly and for as little money as possible. Their initial offers are typically much lower than what your case may actually be worth.Before accepting any offer:

1. Understand the full extent of your injuries and future medical needs.
2. Calculate all your damages, including non-economic damages like pain and suffering.
3. Consult with a personal injury attorney who can evaluate the offer and advise you on its fairness.

At J. Hartley Law, APC, we can negotiate with the insurance company on your behalf to ensure you receive a fair settlement that fully compensates you for your injuries and losses.

The value of a personal injury case varies widely depending on numerous factors. Some key elements that influence the worth of your case include:

• Severity and long-term impact of your injuries
• Total medical expenses (current and projected future costs)
• Lost wages and impact on future earning capacity
• Pain and suffering endured
• Property damage
• Strength of evidence proving the other party's liability
• Insurance policy limits
• Your own potential contribution to the accident (comparative negligence)

It's important to note that every case is unique, and it's challenging to provide an accurate estimate without a thorough review of your specific situation. At J. Hartley Law, APC, we carefully evaluate all aspects of your case to determine a fair value and work tirelessly to maximize your compensation.

In a personal injury case, you may be eligible to recover various types of compensation, also known as damages. These can include:

1. Medical expenses: Both current and future medical costs related to your injury.
2. Lost wages: Compensation for time missed from work due to your injury.
3. Loss of earning capacity: If your injury affects your ability to earn income in the future.
4. Pain and suffering: For physical pain and emotional distress caused by the injury.
5. Property damage: If any of your personal property was damaged in the incident.
6. Loss of enjoyment of life: Compensation for activities you can no longer participate in due to your injury.
7. Loss of consortium: For the impact on your relationship with your spouse.
8. Punitive damages: In cases of extreme negligence or intentional harm, to punish the wrongdoer.

The specific types and amounts of compensation you may receive depend on the details of your case. At J. Hartley Law, APC, we work diligently to ensure you receive fair compensation for all applicable damages.

In California, the statute of limitations for most personal injury cases is two years from the date of the injury. This means you have two years from the date of your accident or incident to file a lawsuit against the responsible party. However, there are some exceptions:

• If you're filing a claim against a government entity, you must file an administrative claim within six months of the incident.
• For medical malpractice cases, you have one year from the date you discovered (or should have reasonably discovered) the injury, or three years from the date of the injury, whichever comes first.
• If the injured person is a minor, the statute of limitations may be extended until they turn 18.

It's crucial to act promptly and consult with a personal injury attorney as soon as possible to ensure you don't miss any important deadlines that could affect your right to compensation.

Determining if you have a valid personal injury case depends on several factors. Generally, you may have a case if you've been injured due to someone else's negligence or intentional actions. Key elements to consider include:

1. Duty of care: The other party owed you a duty of care.
2. Breach of duty: They failed to fulfill that duty.
3. Causation: Their breach directly caused your injury.
4. Damages: You suffered actual damages (medical bills, lost wages, pain and suffering, etc.) as a result.

If these elements are present in your situation, you likely have a valid personal injury case. However, each case is unique, and it's best to consult with an experienced personal injury attorney at J. Hartley Law, APC for a thorough evaluation of your specific circumstances.