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Personal Injury Frequently Asked Questions
Personal Injury Frequently Asked Questions
We Have Answers to Your Questions
Before Filing a Personal Injury Case
-
Do I have a case?
To have a personal injury case, you must prove that you have been injured through the fault of another, whether by negligence, intentional misconduct, or strict liability.
-
Should I give the insurance company a recorded statement??
No. You should not talk to an insurance company without first consulting with a lawyer. It is common practice for insurance adjusters to request that injury claimants give recorded statements immediately following the injury-producing event. These recorded statements are then later used against the injury claimants.
-
What do I do if an insurance adjuster offers me a settlement?
Before accepting a settlement, it is always in your best interest to consult with a lawyer. Adjusters work for the insurance company, not for you, and their job is to settle the matter for the lowest possible expense to their company. A lawyer’s expertise is not only vital if you are ready to settle your case but will also ensure that your rights are protected.
-
What is my personal injury case worth?
The worth of a case is based on several factors. For example, the nature of the injury-causing event, the severity of the injury, the amount of pain the injury causes, and whether the injury has lingering effects are all issues that affect the value of a case. However, only after all the information is gathered and negotiations have begun can your case truly be evaluated.
As we determine the value of a case, we take the following into consideration, which a personal injury claimant may be entitled to recover:
-
How Long Does It Take to Get a Personal Injury Settlement in California?
The time it takes to settle a personal injury case depends on injury severity, insurance
negotiations, and legal complexities. Here is a general settlement timeline:
- Minor injury cases: 3 to 6 months
- Moderate injuries (fractures, soft tissue damage): 6 months to 1 year
- Severe injury cases (surgery, spinal damage, brain injuries): 1 to 3+ years
- Cases that go to trial: 2+ years
Insurance companies often delay payments to pressure victims into low settlements. Working with an experienced California personal injury attorney can help expedite the process and maximize your compensation.
-
Should You Talk to the Insurance Company After an Accident?
What to Do:
- Report the accident to your own insurance (if required)
- Provide basic facts such as date, location, and vehicle information
- Say that you are seeking medical attention
What NOT to Do:
- Give a recorded statement, as it may be used against you
- Admit fault or discuss your injuries in detail
- Accept a quick settlement offer before understanding your full damages
-
How Can You Get Compensation for Medical Bills and Lost Wages After an Accident?
If you have been injured in an accident, you may be eligible for financial compensation,
including:
- Medical bills: Doctor visits, surgery, rehabilitation, and medication
- Lost wages: Time off work due to injuries
- Future medical costs: Long-term treatment and therapy
- Pain and suffering: Emotional distress and loss of quality of life
Steps to Get Compensation:
- File an insurance claim with the at-fault party’s insurance or your own policy
- Provide medical records and proof of lost income
- Negotiate a fair settlement or file a lawsuit if necessary
Insurance companies often undervalue claims. A skilled lawyer can help you recover the full
amount you deserve.
-
What Happens If the Driver Who Hit You Doesn’t Have Insurance?
If the at-fault driver is uninsured or underinsured, you may still have options:
- Uninsured Motorist (UM) Coverage: If you have UM coverage, your own insurance may
- pay for damages
- Personal Injury Lawsuit: You can sue the driver, though collecting compensation may be
- difficult if they lack assets
- Other Insurance Policies: If you were in a rideshare or work vehicle, their commercial
- insurance might apply
Check if your auto policy includes UM/UIM coverage, as it can provide crucial financial protection.
-
Can You Sue for an Accident Caused by a Road Hazard or Defective Car Part?
Yes, if a dangerous road condition or defective vehicle part caused your accident, you may have a claim against:
- Government agencies: Poor road maintenance, potholes, or missing traffic signs
- Car manufacturers: Defective brakes, tires, airbags, or mechanical failures
- Auto repair shops: Faulty repairs that contributed to the crash
Claims against government entities have strict deadlines, sometimes as little as six months in California. Consulting an attorney as soon as possible is critical.
-
Can You Get Compensation for Emotional Distress After an Accident?
Yes, emotional distress is considered a form of pain and suffering in personal injury claims.
This can include:
- Anxiety or depression
- Post-traumatic stress disorder (PTSD)
- Sleep disturbances or nightmares
- Loss of enjoyment of life
How to Prove Emotional Distress:
- Medical records from therapists or psychologists
- Personal testimony, including diaries and witness statements
- Expert opinions from mental health professionals
-
What Should You Do If You’re Injured in an Uber or Lyft Accident?
If you are injured in a rideshare accident, you may be covered under Uber or Lyft’s $1 million insurance policy.
Who’s Liable?
- If the rideshare driver was at fault, Uber or Lyft’s policy applies
- If another driver caused the crash, their insurance is responsible, but Uber or Lyft may
- still provide backup coverage
Steps to Take:
- Seek medical attention immediately
- Report the accident to Uber or Lyft through the app
- Gather evidence, including photos and witness information
- Contact a rideshare accident lawyer to review your legal options
Rideshare insurance rules are complex, and a lawyer can help ensure you receive full compensation.
-
What Can You Do After a Hit-and-Run Accident?
If the driver fled the scene, you still have options to recover compensation:
- Call 911 and report the hit-and-run to law enforcement
- Check for traffic cameras and eyewitnesses
- File an uninsured motorist claim if you have UM coverage
- Seek medical treatment immediately
If police cannot identify the driver, your own uninsured motorist policy may cover damages.
-
How Does a Traumatic Brain Injury (TBI) Affect a Personal Injury Claim?
A traumatic brain injury (TBI) can result in:
- Cognitive issues such as memory loss and confusion
- Permanent disability, including paralysis or seizures
- Loss of earning capacity due to long-term impairment
Because TBIs often require ongoing medical care, rehabilitation, and home modifications,
they typically result in higher settlements. Insurance companies may try to minimize payouts,
making legal representation essential.
-
How Much Does It Cost to Hire a Personal Injury Lawyer?
Most personal injury lawyers work on a contingency fee basis, meaning:
- No upfront fees, you only pay if you win
- The standard fee is typically 30-40% of the final settlement
- Free consultations are available to discuss your case
Hiring an attorney increases your chances of receiving a higher settlement than negotiating alone
-
What Should You Do If the Insurance Company Denies Your Claim?
If your personal injury claim is denied:
- Request a written explanation for the denial
- Provide additional evidence, such as medical records and witness statements
- Appeal the decision with the insurance company
- File a lawsuit if necessary
Insurance companies often deny claims to reduce payouts, but a lawyer can help fight for fair compensation.
-
What Mistakes Can Hurt Your Personal Injury Case?
Common mistakes that can weaken your personal injury claim include:
- Failing to seek medical treatment immediately after the accident
- Giving a recorded statement to the insurance company
- Accepting a low settlement offer too quickly
- Posting about your case on social media
Avoiding these mistakes can help protect your rights and maximize your settlement.
-
How Long Does It Take to Receive a Personal Injury Settlement Check?
Once a settlement is reached, payment usually takes between two to six weeks.
Potential Delays:
- Insurance companies delaying processing
- Medical liens that must be paid
- Additional paperwork or court approval requirements
A lawyer can help ensure that all paperwork is handled properly and expedite the payout
process.
How to Choose a Lawyer
- DO I NEED A SACRAMENTO PERSONAL INJURY LAWYER?
For small, property damage claims with no personal injury, you probably do not need a lawyer. However, for any claim involving a personal injury, it is unwise to attempt to handle your own claim. Insurance companies do not make their profits by paying, but by not paying. Insurance adjusters are very skilled at obtaining the information they need from you to deny or minimize your claims.
There is a statute of limitations that affects your case. Depending upon the circumstances of your case, the statute of limitations requires that a suit be filed within a specific period. If you fail to file suit within the proper time limit, you will be prohibited from obtaining any compensation for your injuries.
Finding witnesses and gathering evidence to support your case becomes more difficult the longer you wait. Therefore, you should consult a lawyer as soon as possible. Feel free to contact our office for a Free Case Evaluation.
- WHAT DO PERSONAL INJURY LAWYERS CHARGE?
We work on a “contingency fee” basis, meaning you do not have to pay unless we collect money for you. Our fee is based on a percentage of the money collected. Typically, this fee is 33.33% for adults and 25% for children. Remember, if we do not collect for you, you do not owe us one penny (no pun intended).
- HOW DO I FIND A LAWYER THAT I CAN TRUST?
We understand that any meaningful relationship is based on trust. Trust your instincts. Discuss your concerns with the lawyer and form impressions about what you are being told. Beware of lawyers who tell you what you want to hear to get your business. Choose a lawyer that answers your questions, seems genuinely concerned about your problems, and creates realistic expectations. Furthermore, retain a lawyer who specializes in personal injury cases, has the experience, ability, and means to go to trial if needed.
Consultations and Considerations
- IF I HIRE A PERSONAL INJURY LAWYER, WILL HE OR SHE TAKE MOST OF MY SETTLEMENT?
This is a very common question. Most of the time you will make more money hiring a lawyer. However, the lawyer should be honest with you and tell you if his or her services will help you. We turn away cases if our fee does not help an injured victim. However, please feel free to contact our office for a Free Case Evaluation.
- MUST I GO TO COURT IF I HIRE A LAWYER?
No. You decide if your case goes to court. Most personal injury cases are settled out of court.
- DO YOU ALLOW FREE CONSULTATIONS?
Absolutely! You may contact us by telephone, fax, or e-mail. Our telephones are answered 24 hours a day. If you have a personal injury or wrongful death case, we will schedule a consultation appointment that fits your schedule. We will meet with you in the evening or on the weekend if that is more convenient for you. We also make house calls.
- THE INSURANCE COMPANY SAYS I CAN HANDLE THE CASE MYSELF WITHOUT A LAWYER. IS THIS A GOOD IDEA?
Since a consultation is free, it will not hurt to ask if we can help. Having worked with insurance companies on thousands of cases, we know that no matter how nice insurance adjusters may sound on the phone, they have one goal in mind above all others—to pay you as little as possible. They are trained to do this.
Insurance companies do not work for you. They are not trained, nor are they qualified, to explain your legal rights. They will not give you a fair assessment of the value of your case.
If your injuries are significant, a good attorney can help you in numerous ways. When you hire a lawyer, who is willing to take a case to trial, value is added to your case. A good lawyer will seek every category of damages that applies to your case, finding ways to support those damages with evidence that will be admissible in court. Also, the threat of trial itself adds to your bargaining power. Make no mistake the insurance company knows that it’s almost impossible for an injury claimant to take a case to trial and win without a lawyer.
Common Concerns We Hear
- WHAT IF I DON’T WANT TO SUE ANYONE?
Personal injury cases do not have to result in a lawsuit. We understand that lawsuits are not pleasant, and we strive to do all that we can to resolve your case short of filing a lawsuit. If a lawsuit is necessary, we will make the process as easy on you as possible, helping you every step of the way.
- IF YOU TAKE MY CASE, WHAT WILL I HAVE TO DO?
If you hire us as your attorney, you will be a significant part of your case. We may ask you to help us gather information and documentation to support your case. You will need to keep us informed about your medical treatment and physical limitations. If we must file a lawsuit for your case, you will need to participate in this process. We will help you every step of the way.
- I HAVE A LAWYER. CAN I FIRE HIM AND GET A NEW ONE?
Yes, you have the right to fire your current lawyer and hire a new lawyer. It is common practice that your new lawyer and old lawyer will share the eventual fee. The new lawyer will pay your old lawyer a portion of the fee for his or her services. If there is a dispute as to this amount, an arbitrator or judge will make the final decision. The bottom line is that you should not have to pay more than your agreed fee percentage. Feel free to contact our office and we will provide greater detail.
If you have any other questions you would like answered that aren’t covered here on our Personal Injury Frequently Asked Questions, please don’t hesitate to contact us for a free, no-obligation personal injury case evaluation.
- WHY SHOULD I CHOOSE YOU AS MY LAWYER?
Frank Penney Injury Lawyers offers experienced, empathetic, and aggressive representation for personal injury victims and their loved ones. We provide quality services and continually challenging the court system to bring you justice. Also, personal injury and wrongful death cases are our only business. We do not attempt to handle divorces, wills, criminal cases, or any other type of case. When you do one thing all day, every day, for over a decade, you become very good at it. We have successfully resolved over two thousand settlements, including jury verdicts and arbitration awards for our clients. We have collected millions of dollars* in compensations for our clients and their families and received countless referrals from satisfied clients.
*This does not guarantee, warranty, or predict the outcome of your case.
- HOW LONG WILL A PERSONAL INJURY CASE TAKE?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case, the longer it may take to settle. Most cases are resolved within a few months to a year. However, some cases may take longer, especially if it is denied, or a lawsuit must be filed.
We have successfully represented thousands of people with a wide range of personal injury claims. Every claim is different.
Watch Our Frequently Asked Questions
Disclaimer
This information is not intended to serve as legal advice or as a substitute for consultation with an attorney. Specific legal issues, concerns, and conditions always require the advice of appropriate legal professionals. These answers are intended to provide general information only by a Sacramento personal injury lawyer.
“Treated Me Like I Was Not Just a Client”
Frank D. Penny Law firm has done a wonderful job for me, everything from start to finish was fairly easy they did not stress me out. Joshua Boyce was very caring if I had any questions I could call him at anytime for answers, he was very knowledgeable he treated me like I was not just a client but more like a family member. All in all I could not have asked for better attorneys they handled my case with utmost care … thank you all!
- LARRY G.
ButtonSlide title
“I am Beyond Grateful”
Huge thank you to everyone at Frank Penney’s law office. My settlement took two years to finish because I had SO MANY treatment facilities, doctors, bills, etc. from my car accident, and Mr. Penney’s office told me everything they needed and we worked together to get the best settlement we could. I am beyond grateful. Seriously if you need someone who will help you, work with you, and benefit everyone, go to Frank Penney. And a special thanks to Sarah at his office!!!!
- KYLI O.
Button“Achieved a Result Better Than Expected”
We can happily recommend Frank Penny Lawyers to anyone needing a personal injury firm. Not only were they professional and achieved a result better than expected, Frank, his associates and staff are personable and comfortable to work with.
- NEIL C.
Button“This is a Rockstar Firm!”
Priscilla was awesome! My wife and I were in a major accident and were not at fault. We tried working with the insurance company of the driver at fault and they would not work with us. Priscilla was able to take the stress off of us and did everything she could to make it as easy as possible. This is a Rockstar firm and I would send anyone I know to them!
- QUANTUM GARAGE
Button“James and Priscilla Fought Both Harder & Smarter on My Behalf”
After I was injured in a substantial rear-end collision, I knew I was going to need some serious help in the days ahead, so I contacted Frank Penney right away, which turned out to be a very smart move as I quickly learned that the opposition had next to no thoughts of offering me any reasonable compensation for my injuries, medical bills and lost earnings. The other insurance company fought hard to avoid accepting responsibility but James and Priscilla fought both harder and smarter on my behalf. I was shocked when my case ultimately went all the way to trial, but I was impressed watching James deliver a solid victory for my case, a victory that not only met but exceeded our last demand. I hope I am never hurt in another collision, but if I am, I’ll be returning to Frank Penney and his staff. Thanks to James and Priscilla for getting me a such positive outcome.
- KYLE H.
Button“Understanding and Helpful Throughout This Very Hard Time”
Frank D. Penney Law office was such a pleasure to work with. After interviewing several other law offices to handle our case we knew we would allow Frank D. Penney to take our case the moment he left the room. His office was able to make our four individual cases run smoothly together. They were so understanding and so helpful throughout this very hard time we’ve all had to live through. They were very professional yet personable from the secretary to the top from day one. Individually and as a group in regards to the office I think I speak for all four of us when I say how much of a blessing this office has been to us. I highly recommend this office for any personal injury cases, I know you will not be disappointed.
- ELENA F.
Button“They Were Very Up-Front and Honest with Me”
My experience with Frank Penney’s Law Firm has been wonderful. They were very up-front and honest with me and were able to seek the maximum reimbursement for my injuries. I hope I am in a position that I will ever need an attorney again, but if I am, I will come back!
- PAUL C.
Button“I Received the Maximum Policy Pay-outs”
In May 2014, I was rear ended on my way home from work. I knew early on that physically, there was something wrong. As the primary earner for my family, my greatest concern was ending up with substantial debt as a result of the cost of my need for ongoing medical care. Frank’s staff was very helpful in putting me at ease by ensuring that I always received regular updates on the status of my case. Then, in October 2015, I was rear ended on my way to work. A second rear ender? Really? I couldn’t believe it. It was unfathomable; I was absolutely frazzled and flabbergasted. But yet again, Frank and his staff were incredibly supportive in helping me navigate what was now an even more complex situation.
After two years and having to endure constant doctors appointments, constantly getting prescriptions and finally the process of having titanium rods hammered in to my hip/SI joint, Priscilla specifically, was incredibly effective at ensuring that I received the maximum policy pay outs that spanned across three different insurance companies. The payouts were sufficient to cover the medical costs and then some. Ultimately, these accidents have changed my life and have limited my physical abilities. The impact to me impacts my family but I cannot imagine having to manage this ridiculous situation without the support of Frank’s team (Priscilla, James, Elsa, Rachel and Yuri). If you need support and want to be treated like a person in the process, Frank Penney’s firm is the firm for you.
- D.R.
Button“Recommend Friends & Family to This Law Firm”
They were awesome. Very professional and would recommend friends and family to this law firm. I would definitely come back. My attorney was Priscilla and she was great! Answered all my calls and if I left her a voicemail she would call right back.
- RANDY S.
Button“The Best Decision I Ever Made”
Call Frank Penney Law and let go of your worry and frustration and secure needed funds for future possible medical care. We were rear ended and our SUV totaled. Our family had just moved to NC from CA. My daughter and I were together in the car and were injured from the accident. Our first priority was getting better and finding the proper medical care that would lead to a full recovery. I also had to deal with the auto and medical insurance companies and all the bills that start coming in the mail after receiving needed medical treatment. It was becoming overwhelming and then came all sorts of letters in the mail from lawyers that wanted our case. I didn’t feel comfortable with any of their attempts to get my business. But I needed help. I called Frank, since I had known him when we lived in CA, and when he explained how he and his staff could help me and basically take everything off my plate that was stressing me out and that our physical location across the country didn’t matter, I said “yes, please help us.” Frank talked with me as if he had all the time in the world and I felt completely comfortable turning everything over to him. The settlement was more than I could have received on my own and the fact that I could hand it all over to him to resolve was without a doubt worth it! It was the best decision I ever made throughout this process. We were supported by Frank’s knowledgeable staff. I can, without hesitation, recommend Penney law offices with the highest praise.
- JANNA
Button
“Treated Me Like I Was Not Just a Client”
Frank D. Penny Law firm has done a wonderful job for me, everything from start to finish was fairly easy they did not stress me out. Joshua Boyce was very caring if I had any questions I could call him at anytime for answers, he was very knowledgeable he treated me like I was not just a client but more like a family member. All in all I could not have asked for better attorneys they handled my case with utmost care … thank you all!
- LARRY G.
ButtonSlide title
“I am Beyond Grateful”
Huge thank you to everyone at Frank Penney’s law office. My settlement took two years to finish because I had SO MANY treatment facilities, doctors, bills, etc. from my car accident, and Mr. Penney’s office told me everything they needed and we worked together to get the best settlement we could. I am beyond grateful. Seriously if you need someone who will help you, work with you, and benefit everyone, go to Frank Penney. And a special thanks to Sarah at his office!!!!
- KYLI O.
Button“Achieved a Result Better Than Expected”
We can happily recommend Frank Penny Lawyers to anyone needing a personal injury firm. Not only were they professional and achieved a result better than expected, Frank, his associates and staff are personable and comfortable to work with.
- NEIL C.
Button“This is a Rockstar Firm!”
Priscilla was awesome! My wife and I were in a major accident and were not at fault. We tried working with the insurance company of the driver at fault and they would not work with us. Priscilla was able to take the stress off of us and did everything she could to make it as easy as possible. This is a Rockstar firm and I would send anyone I know to them!
- QUANTUM GARAGE
Button“James and Priscilla Fought Both Harder & Smarter on My Behalf”
After I was injured in a substantial rear-end collision, I knew I was going to need some serious help in the days ahead, so I contacted Frank Penney right away, which turned out to be a very smart move as I quickly learned that the opposition had next to no thoughts of offering me any reasonable compensation for my injuries, medical bills and lost earnings. The other insurance company fought hard to avoid accepting responsibility but James and Priscilla fought both harder and smarter on my behalf. I was shocked when my case ultimately went all the way to trial, but I was impressed watching James deliver a solid victory for my case, a victory that not only met but exceeded our last demand. I hope I am never hurt in another collision, but if I am, I’ll be returning to Frank Penney and his staff. Thanks to James and Priscilla for getting me a such positive outcome.
- KYLE H.
Button“Understanding and Helpful Throughout This Very Hard Time”
Frank D. Penney Law office was such a pleasure to work with. After interviewing several other law offices to handle our case we knew we would allow Frank D. Penney to take our case the moment he left the room. His office was able to make our four individual cases run smoothly together. They were so understanding and so helpful throughout this very hard time we’ve all had to live through. They were very professional yet personable from the secretary to the top from day one. Individually and as a group in regards to the office I think I speak for all four of us when I say how much of a blessing this office has been to us. I highly recommend this office for any personal injury cases, I know you will not be disappointed.
- ELENA F.
Button“They Were Very Up-Front and Honest with Me”
My experience with Frank Penney’s Law Firm has been wonderful. They were very up-front and honest with me and were able to seek the maximum reimbursement for my injuries. I hope I am in a position that I will ever need an attorney again, but if I am, I will come back!
- PAUL C.
Button“I Received the Maximum Policy Pay-outs”
In May 2014, I was rear ended on my way home from work. I knew early on that physically, there was something wrong. As the primary earner for my family, my greatest concern was ending up with substantial debt as a result of the cost of my need for ongoing medical care. Frank’s staff was very helpful in putting me at ease by ensuring that I always received regular updates on the status of my case. Then, in October 2015, I was rear ended on my way to work. A second rear ender? Really? I couldn’t believe it. It was unfathomable; I was absolutely frazzled and flabbergasted. But yet again, Frank and his staff were incredibly supportive in helping me navigate what was now an even more complex situation.
After two years and having to endure constant doctors appointments, constantly getting prescriptions and finally the process of having titanium rods hammered in to my hip/SI joint, Priscilla specifically, was incredibly effective at ensuring that I received the maximum policy pay outs that spanned across three different insurance companies. The payouts were sufficient to cover the medical costs and then some. Ultimately, these accidents have changed my life and have limited my physical abilities. The impact to me impacts my family but I cannot imagine having to manage this ridiculous situation without the support of Frank’s team (Priscilla, James, Elsa, Rachel and Yuri). If you need support and want to be treated like a person in the process, Frank Penney’s firm is the firm for you.
- D.R.
Button“Recommend Friends & Family to This Law Firm”
They were awesome. Very professional and would recommend friends and family to this law firm. I would definitely come back. My attorney was Priscilla and she was great! Answered all my calls and if I left her a voicemail she would call right back.
- RANDY S.
Button“The Best Decision I Ever Made”
Call Frank Penney Law and let go of your worry and frustration and secure needed funds for future possible medical care. We were rear ended and our SUV totaled. Our family had just moved to NC from CA. My daughter and I were together in the car and were injured from the accident. Our first priority was getting better and finding the proper medical care that would lead to a full recovery. I also had to deal with the auto and medical insurance companies and all the bills that start coming in the mail after receiving needed medical treatment. It was becoming overwhelming and then came all sorts of letters in the mail from lawyers that wanted our case. I didn’t feel comfortable with any of their attempts to get my business. But I needed help. I called Frank, since I had known him when we lived in CA, and when he explained how he and his staff could help me and basically take everything off my plate that was stressing me out and that our physical location across the country didn’t matter, I said “yes, please help us.” Frank talked with me as if he had all the time in the world and I felt completely comfortable turning everything over to him. The settlement was more than I could have received on my own and the fact that I could hand it all over to him to resolve was without a doubt worth it! It was the best decision I ever made throughout this process. We were supported by Frank’s knowledgeable staff. I can, without hesitation, recommend Penney law offices with the highest praise.
- JANNA
Button
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24/7 Availability – Reach Us By Phone, Email, Chat, and More!
If you are involved in any type of personal injury due to the fault of someone else, our experienced team at Frank Penney Injury Lawyers can help. We are available to anyone in Northern California 24/7! Give us a call today to learn more at 888-888-0566. We will fight for your rights!
No matter where you are in Northern California, or how you reach us, we will be there for you 24/7!
You Can Bank on Frank!