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What if I want to make a claim for my injuries?

If the other driver was at fault, you may be entitled to compensation - for your personal injuries, pain and suffering, car damage and other expenses, such as lost wages or the cost of a nurse needed after the accident. You should make a claim with the other driver's insurance company. But, if you are not satisfied with the amount they offer, you may want to sue.

If you plan to sue, do not delay. There are time limits for filing various types of claims - usually one year after the accident, but sometimes much less so act quickly.
Beginning in 1991, you can sue for $5,000 or less in small claims court. A lawyer can't represent you in this court, but you can talk with one beforehand.

If you want to sue for a larger amount, you will need your own lawyer. An insurance company lawyer cannot represent you if you are the person who is suing (the "plaintiff").

Many lawyers take auto accident cases on a contingent fee" basis. That means you do not pay the lawyer if you lose the case. If you win, you pay the lawyer a percentage of the money you get. Most lawyers charge a smaller percentage if the case is settled before the lawyer does all the work necessary to go to trial. If you and your lawyer agree to a contingent fee, the lawyer must put the agreement in writing and give you a signed copy. The contract should explain what percentage the lawyer will
get if you win and how it might vary. It should also state who will pay for any court costs.*

Important: If your case deals with personal injury (automobile accidents, motorcycle accidents, pedestrian accidents, slip and falls, dog bites, medical or legal malpractice) or workers' compensation cases (accidents at work) and deals with California law, you can reach us 24 hours a day, 7 days a week just by calling 1-800-LAW-TALK, from anywhere in the United States, for a free consultation.

These Frequently Asked Questions are based on California Law. Information with a * was originally published by the State Bar of California and is also available through them. It is reprinted with their permission.

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