Personal Injury FAQs – Your Guide to Compensation & Legal Rights

To make your initial consultation as productive as possible, bring any of the following that you have available:

• The police report or incident report
• Photos and videos of the accident scene, your injuries, and property damage
• Medical records and bills related to your injuries
• Insurance information (yours and the at-fault party’s)
• Any correspondence from insurance companies
• Pay stubs or documentation of lost wages
• Names and contact information of witnesses
• A written timeline of events (your notes about what happened)
• Any documents you’ve signed related to the accident

Don’t worry if you don’t have everything — we can help you gather the necessary documentation. The most important thing is to schedule your consultation sooner rather than later to protect your rights.

Arnold Law Firm handles personal injury cases on a contingency fee basis, which means you pay no upfront fees and no hourly charges. We only get paid if we win your case. Our fee is a percentage of the compensation we recover for you.

This arrangement allows anyone to access quality legal representation regardless of their financial situation. During your free consultation, we’ll explain our fee structure in detail so there are no surprises.

A nondelegable duty is a legal obligation that cannot be transferred to another party — even by hiring an independent contractor. When someone with a nondelegable duty delegates the work and the contractor causes harm, the original party remains liable.

Common nondelegable duties in California include a property owner’s duty to maintain safe premises, a hospital’s duty to provide competent medical care, a general contractor’s responsibility for worksite safety, and a landlord’s obligation to maintain habitable conditions.

This legal doctrine is important because it prevents companies and property owners from avoiding liability simply by outsourcing dangerous work.

Yes, but claims against government entities (cities, counties, the State of California, school districts, transit agencies) follow special rules under the California Tort Claims Act (Government Code § 810 et seq.). The most critical difference is the administrative claim deadline: you must file a formal claim with the government entity within 6 months of the injury — not 2 years like most personal injury cases.

If the government rejects your claim (or fails to respond within 45 days), you then have 6 months to file a lawsuit. Missing the administrative claim deadline almost always bars your case entirely, with very limited exceptions.

Common government liability scenarios include dangerous road conditions, public transit accidents (bus accidents, train accidents), injuries on public property, and police misconduct. Contact Arnold Law Firm immediately if you’ve been injured due to government negligence — the 6-month deadline is unforgiving.

Traumatic brain injuries often result in significant compensation because of the life-altering nature of these injuries. Damages may include extensive medical treatment (emergency care, surgery, rehabilitation, therapy), lifetime care costs for severe TBIs, lost wages and diminished earning capacity, cognitive and emotional changes (personality shifts, memory loss, depression), pain and suffering, and loss of enjoyment of life.

Moderate to severe TBI cases frequently involve millions of dollars in lifetime medical costs. Arnold Law Firm works with medical experts, life care planners, and economists to fully document the long-term impact of your brain injury and maximize your compensation.

Yes. Under California’s strict liability laws, manufacturers, distributors, and retailers can be held liable for injuries caused by defective products — even if they weren’t negligent. There are three types of product defects:

• Design defects: The product’s design is inherently dangerous (e.g., a seatbelt that fails on impact)
• Manufacturing defects: An error during production makes a specific unit dangerous
• Marketing defects (failure to warn): The product lacks adequate warnings or instructions about known risks

This applies to everything from dangerous drugs and defective medical devices to consumer products and vehicle components. Preserve the defective product and its packaging as evidence, and contact an attorney promptly.

A wrongful death claim is a civil lawsuit filed when someone dies due to another person’s or entity’s negligence or wrongful act. Under California Code of Civil Procedure § 377.60, the following people may file a wrongful death claim:

• The deceased person’s surviving spouse or domestic partner
• The deceased person’s children
• If there is no surviving spouse or children, anyone who would be entitled to the property under California’s intestate succession laws (such as parents or siblings)

Wrongful death claims can recover funeral and burial expenses, loss of the deceased person’s income, loss of companionship and emotional support, and the value of household services the deceased provided. California has a two-year statute of limitations for wrongful death claims from the date of death.

Under California law, property owners and occupiers have a duty to maintain their property in a reasonably safe condition. If a dangerous condition on someone else’s property causes your injury, the property owner, tenant, or property manager may be liable.

Common premises liability scenarios include wet floors without warning signs, broken stairs or handrails, inadequate lighting, uneven sidewalks, swimming pool accidents, and negligent security.

To prove a premises liability claim, you generally need to show that the property owner knew or should have known about the dangerous condition and failed to fix it or warn visitors. Document the hazard with photos if possible, report the incident to the property owner, and seek medical attention immediately.

There is no one-size-fits-all timeline, but most personal injury cases follow a general progression:

• Treatment phase (weeks to months): You focus on recovering from your injuries. Your attorney shouldn’t settle your case until you’ve reached maximum medical improvement (MMI) so the full extent of your damages is known.
• Demand and negotiation phase (1–3 months): Your attorney sends a demand to the insurance company and negotiates a fair settlement.
• Litigation phase (if needed, 1–2+ years): If the insurance company won’t offer a fair settlement, your attorney files a lawsuit. This involves discovery, depositions, and potentially a trial.

Simpler cases (like minor car accidents with clear liability) may settle in a few months. Complex cases involving catastrophic injuries, multiple parties, or disputed liability can take two years or longer.

Generally, no. Under federal tax law (IRC § 104(a)(2)), compensation received for physical injuries or physical sickness is not taxable income. This includes settlements and jury awards for medical bills, lost wages tied to a physical injury, pain and suffering, and emotional distress stemming from a physical injury.

However, certain portions of a settlement may be taxable, including punitive damages, interest on the judgment, and compensation for emotional distress that is not connected to a physical injury.

Because tax implications vary by case, consult with a tax professional about your specific settlement. Arnold Law Firm can help structure settlements to minimize your tax exposure.

The steps you take right after an accident can significantly impact your ability to recover compensation. If possible, you should:

1. Call 911 and report the accident to police
2. Seek medical attention immediately, even if you feel fine. Some injuries like traumatic brain injuries or whiplash may not show symptoms right away
3. Document the scene by taking photos and videos of vehicle damage, road conditions, traffic signals, and your injuries
4. Exchange information with other drivers (name, insurance, license plate)
5. Get witness contact information if bystanders saw the accident
6. Do not admit fault or apologize at the scene
7. Do not give a recorded statement to the other driver’s insurance company before consulting a lawyer
8. Contact an attorney as soon as possible to protect your rights

The sooner you consult with a Sacramento personal injury attorney, the better we can preserve evidence and build your case.

Yes. California follows a pure comparative fault system (also called pure comparative negligence), which means you can recover compensation even if you were partially at fault for the accident. Your total award is simply reduced by your percentage of fault.

For example, if your total damages are $100,000 and you are found 30% at fault, you would recover $70,000. Even if you were 99% at fault, you could still recover 1% of your damages.

Insurance companies often try to exaggerate your share of fault to reduce what they owe you. An experienced attorney can fight back against these tactics. Learn more on our California comparative fault page.

The value of a personal injury case depends on several factors unique to your situation. California law allows you to recover two main types of damages:

Economic damages are your measurable financial losses, including medical bills (past and future), lost wages, loss of earning capacity, property damage, and out-of-pocket expenses. These are calculated using documentation like bills, pay stubs, and expert projections.

Non-economic damages compensate you for pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These are more subjective and depend on the severity and permanence of your injuries and how they’ve affected your daily life.

In cases involving extreme recklessness or intentional harm, you may also recover punitive damages. Insurance policy limits may also affect your total recovery. Arnold Law Firm will conduct a thorough evaluation and fight to maximize your compensation. Call (916) 777-7777 for a free case evaluation.

In California, the statute of limitations for most personal injury cases is two years from the date of injury (California Code of Civil Procedure § 335.1). If you miss this deadline, you generally lose your right to sue.

However, there are important exceptions:

• Claims against government entities (cities, counties, state agencies) require filing an administrative claim within 6 months of the injury
• Medical malpractice claims must be filed within 1 year of discovering the injury, or 3 years from the date of injury, whichever comes first (Code of Civil Procedure § 340.5)
• Minors: The statute of limitations may be tolled (paused) until the child turns 18
• Discovery rule: In some cases, the clock doesn’t start until you discover—or reasonably should have discovered—the injury and its cause

Because these deadlines are strict and the exceptions are complex, consult an attorney immediately after your injury. Contact Arnold Law Firm at (916) 777-7777 for a free consultation.

A personal injury case arises when someone else’s negligence, recklessness, or intentional conduct causes you physical or emotional harm. Common examples include car accidents, slip-and-fall injuries, dog bites, defective products, and medical malpractice. To have a valid claim, you generally need to show that the other party owed you a duty of care, breached that duty, and that the breach caused your injuries.

If you’re unsure whether your situation qualifies, contact Arnold Law Firm for a free case evaluation.

Insurance adjusters are trained to minimize payouts. When they ask you for a recorded statement, they’re looking for anything they can twist to reduce or deny your claim.

Even innocent statements can be used against you. Saying “I’m okay” after a crash can be reframed as an admission that you weren’t injured. Adjusters may also ask the same question multiple ways to get you to make contradictory statements, admit partial fault, or downplay injury severity.

Do not provide a recorded statement to the other driver’s insurance company until you’ve spoken with an attorney. If they contact you, politely tell them to direct questions to your lawyer. Let your attorney handle all communications with the insurance company on your behalf.

You should seek medical attention as soon as possible after any accident, ideally the same day or within 24–48 hours. This is important for two reasons.

First, it protects your health. Some injuries such as spinal cord injuries, internal bleeding, or concussions may not produce immediate symptoms. Adrenaline can mask pain for hours or even days.

Second, it protects your legal claim. If you delay treatment, the insurance company will argue that your injuries aren’t serious or weren’t caused by the accident. Prompt medical records create a clear link between the accident and your injuries, which is essential for proving causation.

If you don’t have a doctor, go to an urgent care clinic or emergency room. Keep all medical records and bills. Your attorney will use these to build your case.