Roseville Personal Injury Attorney

No, you should not speak to the insurance company without legal advice first.

It is generally not in your best interest to speak to any representative for the negligent party. Do not speak to an insurance company or the claims adjuster in the absence of the legal advice of a lawyer. The reason is that the insurance company has a business interest in minimizing your claim and recovery. If you must speak to the insurance company, talk to a lawyer first so that you may be advised and prepared for questions that likely shall be asked. Typically, the insurance adjuster will want to take a tape-recorded statement of you.

Your private health insurance, Medical Payments (MP) coverage, or the at-fault party’s insurance may cover your medical bills initially.

If you are in a motor vehicle accident, your private medical insurance or the MP (Medical Payments) coverage on the vehicle in which you were in at the time of the accident may pay your medical bills and perhaps wage loss to some extent upfront before settlement. If you do not have medical insurance or MP, either personally or through work, the insurance covering the vehicle you were in at the time of the injury may cover the payment of your medical bills and wage loss. Any other monies owed will be paid out of your final recovery when your case is settled.

The statute of limitations varies by case type, making it critical to contact an attorney immediately.

The law establishing the time limit in which a lawsuit can be filed is called a Statute of Limitations. Different types of cases have different Statutes of Limitations. It is important to know which statute of limitations applies to your case based upon the facts of your specific matter. It is critical that you contact an attorney as soon as possible after your injury so that the statute of limitations can be determined and witnesses can be contacted while the facts are fresh in their minds.

Choose an attorney you’re comfortable with who has trial and settlement experience, plus knowledge of insurance company tactics.

You should look for an attorney who you are comfortable with and feel that he or she is direct and honest with you. Hiring an attorney who has the skill, knowledge, and experience, both in trials and settlements, will help you protect your interests and ensure the recovery you deserve. As attorneys who formerly represented insurance companies, we have the know-how and case evaluation skills to properly maximize your recovery.

Yes, California’s comparative negligence law allows you to recover damages even if you’re partially at fault.

If you are found partially at fault, you are still able to receive compensation. However, your total compensation will be reduced by the percentage your actions are found to have contributed to the injury. One common example of this is if you are injured in an accident the other driver caused, but you were distracted. If you are found to be 20% at fault, your total compensation would be reduced by that 20%. This is only true in California court—if the matter is being handled outside of court through your insurance, this rule does not necessarily always apply.

It’s important for you to know that you cannot seek non-economic damages for a car accident if you are uninsured.

This means things like emotional distress or pain and suffering. However, there is one situation where uninsured drivers can seek pain and suffering damages. This is in the case where the other driver was found to be under the influence in connection with the accident. Again, this only applies to uninsured drivers—insured drivers can seek pain and suffering damages in all accidents.