Personal Injury Law FAQs

After an accident, protect yourself by putting safety first. Move to a safe place, call 911, and ask responding officers for the incident or report number. Speak in simple facts about what happened and avoid apologizing or accepting blame. If you’re able, take photos and short videos before anything is moved—vehicles, license plates, skid marks, debris, traffic signs, lighting, weather, and your visible injuries. Exchange names, phone numbers, driver’s license numbers, license plates, and insurance information with all drivers, and politely ask witnesses for their contact details. Note the officers’ names and badge numbers.

Get a medical evaluation as soon as possible—even if you feel “okay.” Tell the provider your injuries are from a crash so it’s documented correctly, and follow the treatment plan. Save everything: damaged clothing, car seats, bike helmets, shoes, and your vehicle in its post-crash condition until you’ve spoken with a lawyer. Start a simple file with medical records and bills, repair estimates, pay stubs showing missed work, receipts for medications or rides, and a brief daily pain/symptom journal. Do not post about the crash on social media.

Reaching out to a California personal injury attorney early lets you preserve key evidence, control communications with insurers, and avoid missed deadlines. Anderson Franco Law offers a free consultation to help you understand your options and next steps.

You likely have a valid California personal injury claim if: (1) someone failed to use reasonable care, (2) that failure caused your injury, and (3) you have losses (medical bills, missed work, pain). Strong evidence—photos, witnesses, police/incident reports, and prompt medical records—helps. California uses comparative negligence, so you can recover even if you’re partly at fault.

Deadlines matter: generally need to file within two years of the accident. For government claims you may have to file within 6 months. But, consult with a lawyer to know which time limits apply to your case.

In a California personal injury case, you can recover economic losses and human (non-economic) losses, and in rare situations punitive damages. Economic damages cover past and future medical care, rehabilitation, medications, medical equipment, home or attendant care, travel to treatment, property damage or loss of use, and wage-related losses such as missed work, lost benefits, and reduced earning capacity. Non-economic damages address pain, suffering, emotional distress, loss of enjoyment of life, physical impairment or scarring, and a spouse or registered partner’s loss of consortium. Punitive damages are only available when the defendant acted with malice, oppression, or fraud.

In California, most personal injury and wrongful death lawsuits must be filed within two years from the date of the incident or death. Claims involving public entities have a much shorter clock: you must file a government claim within six months, and if it’s denied, you usually have six months from the denial to sue.

Uninsured/underinsured motorist claims are contractual and typically require demanding arbitration within two years, subject to specific notice and filing rules. Property damage is generally three years; defamation is one year.

Minors’ ordinary injury claims are usually tolled until age 18, but special statutes (like medical malpractice and government claims) can limit that. Because exceptions and notice rules can change the deadline, the safest move is to have a lawyer calculate your exact statute immediately.

Yes. The vast majority of California personal injury cases resolve without a trial. Many settle during the insurance claim stage; others settle after a lawsuit is filed but before trial, often at mediation or a mandatory settlement conference. Uninsured/underinsured motorist claims are usually decided in private arbitration rather than a public trial.

Cases tend to go to trial when there is a serious dispute about fault, medical causation, the extent of injuries, or credibility; when policy limits are too low for multiple claimants; when punitive-level conduct is alleged; or when the insurer denies coverage or makes an unreasonably low offer.

Settlement is common because it provides speed, cost savings, certainty, and privacy. The tradeoff is that settlement may be less than a best-day jury verdict. Strong documentation (medical records, wage proof, photos, witness statements), completing reasonable medical treatment, and making a clear, time-limited demand (including policy-limits demands when warranted) all increase the likelihood and value of settlement. Avoid settling before your injuries are well understood or you reach maximum medical improvement.

Our approach is to prepare every case as if it will be tried; that pressure often produces a better settlement without needing to go to court. If you want an opinion on where your case stands on the settlement-to-trial spectrum, we can review it in a free consultation.

Negotiation starts by opening a claim and controlling communications: we notify the insurers, give only the basics to the other side, and decline recorded statements. While you complete reasonable medical care, we build the file—medical records and bills, wage proof, photos, witness statements—and identify any liens from health plans, Medi-Cal/Medicare, or workers’ comp. We verify available coverage and policy limits, then value the claim based on liability, causation, documented losses, and likely future needs.

When the evidence is ready, we send a time-limited settlement demand that explains fault, links the crash to your injuries, and includes the proof. The insurer typically counters; we respond with updates, expert input, and accurate lien figures, and we avoid premature settlement before maximum medical improvement unless strategy requires it. If offers remain unreasonable, we escalate by filing suit (or UM/UIM arbitration) and continue pushing through discovery and mediation. A properly framed limits demand can create bad-faith exposure if the insurer refuses to settle. When agreement is reached, we review the release, negotiate lien

During your case, you still get treatment; we route bills through your health insurance when possible to secure discounted rates, and any insurer reimbursement claims are handled and negotiated at the end. If you have med-pay, we use it for copays and uncovered care; if the injury happened at work, workers’ comp pays approved treatment but asserts a lien. If you lack coverage, we can arrange care on a medical lien so the provider waits to be paid from the settlement. When the case resolves, funds pay attorney fees and costs, valid liens and balances (often reduced), and the remainder goes to you. Send us every bill and explanation of benefits so we can coordinate holds on collections and prevent overpayment.

Yes. California follows pure comparative negligence, which means you can still recover even if you were mostly at fault; your money is simply reduced by your percentage of responsibility. For example, if your losses are $100,000 and you’re found 30% at fault, you can still recover $70,000. When there are multiple defendants, California’s Prop 51 rules apply: each defendant is jointly responsible for all of your economic losses (medical bills, wage loss) but only pays their share of your non-economic losses (pain and suffering). Evidence—scene photos, witnesses, vehicle data, and prompt medical records—shapes how fault is assigned, and issues like not wearing a seat belt or helmet may increase your percentage without eliminating your claim. Don’t assume fault or give recorded statements; let us evaluate liability and build proof to minimize any fault assigned to you.

There isn’t a fixed timeline, because the biggest driver is medical recovery—insurers value a case accurately only after you reach maximum medical improvement. As a rough guide: clear-fault, minor-injury claims often resolve within 4–9 months total (treatment plus 1–3 months of negotiations after you finish care). Moderate injuries or disputed causation commonly take 6–12+ months. If we must file suit, many California cases resolve at mediation within the first 6–18 months of litigation; a trial setting can take roughly 12–24 months depending on the county. UM/UIM claims handled by arbitration often conclude in about 6–12 months after a formal demand. Timelines lengthen with surgeries, multiple parties, low policy limits, heavy liens, or court backlogs. Our approach is to move quickly on evidence and coverage, but not settle before your medical picture is clear.

The best proof is gathered early and tells a clear story. Take photos and short video of the scene, vehicle positions, plates, hazards, lighting, weather, and your visible injuries, and get the report number and witness contacts. See a doctor right away and follow through so records link the incident to your symptoms; keep prior records to show any aggravation. Save pay stubs, employer notes on missed work, receipts for meds and travel to treatment, and repair or total-loss documents for your vehicle. Move fast to locate surveillance or dashcam footage before it’s overwritten and, when relevant, preserve vehicle data or phone records. Keep damaged items like clothing, helmets, or car seats and don’t repair or dispose of the vehicle or hazard until it’s documented. Limit social media and keep a brief symptom and activity journal to capture day-to-day impact.

Anderson Franco has practiced personal injury law in California since 2014. For more than 11 years, he has represented injured people and their families, guiding cases from early investigation through settlement or trial.

Anderson Franco Law represents clients in serious injury matters, including motor-vehicle collisions (car, motorcycle, bicycle, pedestrian, and rideshare or delivery), premises liability arising from slips, trips, falls, and other dangerous property conditions, wrongful death, and workers’ compensation or work injury claims. Anderson Franco has extensive experience representing people injured in construction-site accidents, car crashes, and other serious incidents across California.

We also handle serious-injury matters like traumatic brain and spinal injuries, fractures, burns, and amputations, plus uninsured/underinsured motorist and hit-and-run claims. For work-related incidents caused by someone outside your employer, we pursue the third-party case alongside workers’ comp.

We don’t publish a single “success rate,” because it can be misleading and your result depends on facts, injuries, coverage, and proof. Most injury cases resolve by settlement, and our approach—preserving evidence early, building clear medical and wage documentation, and making time-limited policy-limits demands while preparing for trial—consistently leads to favorable resolutions without risking your rights. No lawyer can guarantee an outcome, but we can share representative results and explain the likely path for your case during a free consultation.

We start by explaining the roadmap—what will happen, when, and your role at each step. We review the facts, medical records, bills, photos, and any prior statements so your memory aligns with the file. For depositions, we meet to practice: listen, pause, answer only what’s asked, don’t guess, and it’s fine to say “I don’t know” or “I don’t recall.” We run mock Q&A, cover objections, breaks, and logistics.

For negotiations and mediation, we build a documented demand, discuss realistic valuation ranges and policy limits, and prepare you for the mediator’s shuttle process and the pace of offers and counters.

If trial or UM/UIM arbitration is needed, we develop clear themes, prep witnesses and exhibits, practice your testimony, handle motions and tech checks, and walk you through courtroom etiquette and schedule. You make the decisions; we make sure you’re ready and the record is protected.

At the start, we move fast to preserve time-sensitive proof: scene photos and video, 911 and police reports, witness contacts, and any surveillance before it’s overwritten. We send preservation letters, inspect vehicles or property, and, when useful, pull black-box/telematics data and maintenance or sweep logs. You focus on treatment and share bills, explanations of benefits, and a brief symptoms/work-impact log while we gather medical records, verify coverages and policy limits, and track liens from health plans, Medi-Cal/Medicare, or workers’ comp. When needed, we retain experts to connect causation and value future care, and we handle insurer communications without broad authorizations or recorded statements. Once the file is complete, we package the evidence into a time-limited demand.

Yes. Anderson started his career on the defense side, representing insurance companies, so he understands how adjusters and defense counsel value risk, set reserves, and negotiate. He now uses that insider perspective to anticipate tactics, build evidence the way insurers require, structure time-limited demands, and drive cases to strong settlements—or trial when needed.

We start by confirming liability and medical causation, then quantify your economic losses—past bills, likely future care, wage loss, and reduced earning capacity—using records and, when needed, treating providers or experts. We evaluate non-economic harm based on the severity and duration of symptoms, functional limits, and comparable verdicts and settlements in your venue. We verify all available insurance and policy limits (including UM/UIM and med-pay) and factor in liens and reimbursements to estimate your net recovery. If comparative fault is possible, we model outcomes at different percentages. We typically wait until you reach maximum medical improvement or have a clear treatment plan before fixing value. With that analysis, we give you a realistic settlement range and a strategy—often a time-limited policy-limits demand—so you can decide whether to settle or litigate.

When fault is disputed, we move fast to lock down objective proof and control the narrative. We send preservation letters, inspect the scene and vehicles, and hunt for independent evidence—911 and CAD logs, surveillance and dashcam video, event-data recorder downloads, phone records for distraction, truck ELD and maintenance files, and premises sweep/repair logs. We interview neutral witnesses early, retain accident-reconstruction, human-factors, or engineering experts, and build a clear timeline with visuals. In discovery, we use targeted requests for admission, depositions, and motions to force the defense to commit to a story—and pursue spoliation remedies if evidence disappears. We also analyze comparative negligence, identify additional responsible parties, and tender to every applicable insurer (including your UM/UIM). With that record, we serve a time-limited policy-limits demand; if liability is still denied, we file suit, seek early rulings on fault where possible, and try the case if needed.

Yes. We help you get the right care without delaying your case. When possible, we route treatment through your health insurance; if you’re uninsured or coverage is limited, we can arrange doctors who treat on a lien so payment waits until settlement. We connect clients with appropriate specialists—primary care, orthopedics, neurology, pain management, concussion/TBI clinics, physical therapy, imaging, mental health—and assist with scheduling, transportation, and interpreters when needed. We also help you use med-pay, workers’ compensation, SDI/EDD, or short-term disability, and we ask providers and collectors to pause billing while the claim is pending. Throughout, we track records and bills, and negotiate lien reductions at the end so more of the recovery goes to you. You always choose your providers; we don’t direct medical decisions or accept referral fees.

We work on a contingency fee—no hourly bills and no flat fees. You pay nothing up front. We advance case costs, and our fee and reimbursed costs come from the settlement or verdict. If there’s no recovery, you owe no attorney’s fee. All terms are explained in a written contingency agreement as required by California law.

We don’t charge hourly or flat fees—we work on contingency, so you pay nothing up front. We advance case costs (medical records, filing and service fees, deposition transcripts, experts, mediation, investigation, subpoenas, exhibits), and after a settlement or verdict the proceeds pay the agreed attorney fee, reimburse case costs, resolve valid medical/workers’ comp/insurance liens, and the balance goes to you. If there’s no recovery, you owe no attorney’s fee; how costs are handled in that scenario is explained in our written agreement and discussed before we proceed.

Your ongoing medical bills are separate, but we route them through health insurance, med-pay, workers’ comp, or lien providers and later negotiate reductions where possible. No hidden fees—everything is disclosed in writing at the start.

We charge a contingency fee, so you pay nothing up front and no hourly bills. That fee covers our legal work—investigating and building the case, opening and managing claims, drafting demands, negotiating with insurers, preparing and attending mediations, filing and litigating the lawsuit (pleadings, discovery, motions), trying the case or arbitrating if needed, and negotiating lien reductions so more of the recovery goes to you.

Separate from the fee are case costs that arise as we prosecute the claim. Typical costs include court filing and service fees, medical records and imaging, deposition court reporters and transcripts, mediator fees, expert witnesses (medical, reconstruction, life-care, economics), investigators, interpreters, subpoenas, exhibits, and similar expenses. We advance these costs and, if there’s a recovery, they’re reimbursed from the settlement or verdict along with the agreed fee. Your medical bills are also separate, but we route them through insurance or lien providers and resolve them at the end. If there’s no recovery, you owe no attorney’s fee; how costs are handled in that scenario is spelled out in our written agreement and discussed before we proceed.

We offer a free, no-obligation consultation. We’ll review what happened, your injuries, insurance and deadlines, and outline a strategy and contingency-fee terms—you pay nothing up front. Consultations can be by phone, video, or in person. If you have them, bring the police or incident report, photos, medical records and bills, insurance information, and any letters from insurers. If we can’t take the case, we’ll still explain your options and, when possible, suggest next steps or referrals.

We use a contingency fee, so there are no upfront payments and no hourly bills; our fee is paid from the settlement or verdict, and if there’s no recovery you owe no attorney’s fee. We advance case costs (records, filing, depositions, experts, mediation) and, if there is a recovery, those costs are reimbursed from it.

For personal injury cases we accept, we don’t require a retainer. We work on a contingency fee, advance case costs, and our fee and reimbursed costs are paid from the recovery; if there’s no recovery, you owe no attorney’s fee. In the rare situation we request a cost deposit or handle a non-contingency matter, the funds are placed in a client trust account, used only for authorized expenses, fully accounted for, and any unused balance is promptly refundable under California law. All terms are spelled out in writing before we start.

We set a communication plan on day one based on your preference for phone, email, or text. You’ll hear from us at key milestones—claim opened, records received, demand sent, offers made, suit filed, mediation or court dates—and we also check in periodically even when there’s no news. We share important documents, explain next steps in plain language, and make sure you can reach your attorney or case manager with questions; we aim to return messages within one business day. You always approve major decisions like settlement, filing suit, or going to trial.

You will work directly with Anderson as your lead attorney, and you’ll also be supported by a dedicated case manager and, when needed, investigators or experts. Anderson handles strategy, negotiations, and key appearances, and he reviews all major filings. Your primary point of contact is Anderson and your case manager, both reachable by phone, email, or text; we aim to return messages within one business day and update you at each milestone. You approve all major decisions, including settlement, filing suit, and trial.

We aim to reply the same business day and no later than one business day. Urgent issues—medical care, vehicle release, evidence preservation, or deadlines—are prioritized and typically handled within hours. After-hours messages are monitored and returned the next morning; if we’re in court or a deposition, you’ll get a quick acknowledgment with the expected follow-up time.

You’ll hear from us at key milestones—when claims open, records arrive, a demand goes out, offers come in, or court dates are set—and we also check in regularly even when there’s no news. Expect a brief status update every 2–4 weeks, and immediately if something significant happens. You can always call, text, or email for an update; we aim to respond the same business day.

Use whatever works best for you, and we’ll match it. For urgent issues, call or text so we can act quickly. For detailed questions and documents, email keeps a clear record. When you need to sign or upload files, we’ll send a secure link (or use a client portal if you prefer). We’re also available for video or in-person meetings by appointment. We aim to reply the same business day.

Generally, no. You have no duty to speak with the at-fault driver’s insurer, and early recorded statements or broad medical releases are often used to minimize your claim. Instead, refer all calls to us. If you must acknowledge a call, share only your name, contact information, the date and location, and the claim number—don’t discuss injuries, treatment, or fault, and politely decline any recording. Run property damage through your own insurer when possible; they can recover from the other carrier later. Do not sign the other insurer’s medical or employment authorizations. Your own policy may require cooperation for med-pay or UM/UIM—talk to us first so we can attend any statement or provide a written one. If you already spoke, tell us so we can obtain the recording and address any issues.

Yes. A delay in going to the hospital does not bar a claim in California, but insurers will use it to argue your injuries weren’t caused by the incident. Many conditions have delayed symptoms (concussion, soft-tissue injuries, internal injuries), so get a medical evaluation as soon as possible and tell the provider it stems from the crash or incident. Document when symptoms started, how they’ve changed, and any activities you couldn’t do; avoid gaps in treatment once you begin. Save photos, bills, and work-loss proof, and don’t give a recorded statement or sign broad medical releases to the other insurer. Deadlines still apply: most injury claims are two years, and government claims can be as short as six months. We can help explain the delay, link the medical evidence, and protect your claim.

It’s safest not to post at all. Anything you share—photos, captions, tags, check-ins, even “private” stories—can be found, subpoenaed, or screenshotted and used to challenge fault or your injuries. Pause your accounts or tighten privacy, don’t accept new followers, and ask friends and family not to post about you or tag you. Do not delete existing posts once a claim is reasonably anticipated; that can be treated as spoliation. Instead, stop posting, make content private, and send us copies of anything already online so we can preserve and address it. Use direct communication with us—not DMs or comments—for updates about your case.

Start by getting a prompt medical evaluation and tell the provider exactly how the injury happened and every body part that hurts; consistent follow-up (without gaps) creates a clear medical record. Photograph visible injuries right away and then every few days under good lighting—include a date and, when useful, a ruler or common object for scale—and capture devices like braces, casts, or crutches over time. Keep a daily symptom log with a 0–10 pain score, sleep quality, medications taken, missed activities or work, and what makes symptoms better or worse. Save everything: visit notes, imaging reports and CDs, referrals, work restrictions, bills, receipts for meds and medical supplies, and mileage or rides to treatment; also keep pay stubs and employer letters showing time off or reduced duties. Preserve pre-injury photos or activity data to show the before-and-after contrast, and ask close family or coworkers to write short observations if they’ve seen changes. Share all updates with your attorney, and avoid posting about your injuries on social media.

You still have options. We first look to your own insurance: uninsured/underinsured motorist coverage can pay for injuries, and med-pay can cover copays and treatment regardless of fault; collision (or UMPD) can handle vehicle repairs. We also search for other responsible parties and policies—an owner’s permissive-use coverage, an employer if the driver was on the job, a roadway or property hazard, or a defective part—because those can provide insurance even when the driver has none. If no coverage exists, we can sue the at-fault driver personally and, if we win, pursue collection through wages or assets, but collectability often limits recovery. Hit-and-run claims have strict policy rules (prompt police report and insurer notice), and government-entity claims carry six-month deadlines. Bring us your policy and any claim numbers; we’ll map all coverage paths and preserve your rights.

Yes. In California you can recover non-economic damages for pain, suffering, and emotional distress when another’s negligence or intentional act causes your injury. The value turns on severity, duration, and how your life changed, supported by prompt treatment, medical or mental-health records, and credible testimony (including a simple symptom journal). Two key limits: workers’ compensation claims against your employer don’t pay pain and suffering (though third-party claims can), and medical malpractice cases have capped non-economic damages. Comparative fault may reduce, but doesn’t bar, recovery. We’ll help document these harms and present them effectively.

If you’re hurt at work, your employer’s workers’ compensation covers medical care and wage loss, and you generally can’t sue the employer for negligence. But you can still bring a separate claim against any responsible third party—like a negligent driver, a property owner, a general or subcontractor, or a product manufacturer—so we investigate all angles.

If you’re injured on someone else’s property, the owner, occupier, or property manager may be liable if a dangerous condition existed and they knew or should have known about it and failed to fix it or warn. Proof often comes from photos, video, sweep/inspection logs, prior complaints, and witness accounts. Government property follows the same basic rules but has a six-month claim deadline. Your own conduct can reduce, but doesn’t bar, recovery, and homeowners’ or commercial liability insurance typically pays valid claims.

California uses pure comparative negligence, not contributory negligence. You can still recover money even if you were mostly at fault; your award is reduced by your share of responsibility. For example, if your losses are $100,000 and you’re 30% at fault, your recovery becomes $70,000; at 80% fault, it becomes $20,000. With multiple defendants, Proposition 51 makes each defendant fully responsible for your economic losses (medical bills, wage loss) but only their percentage of your non-economic losses (pain and suffering). Seat belt or helmet nonuse, speeding, or distraction can raise your percentage only if they actually contributed to your injuries. Our job is to gather objective proof, minimize any fault assigned to you, and hold every responsible party to account.

Yes. A parent or legal guardian can file in the child’s name after the court appoints a guardian ad litem; for an incapacitated adult, the court can appoint a guardian ad litem or, if needed, a conservator. We handle those filings, prosecute the claim, and obtain court approval of any settlement, with funds typically placed in a blocked account or special-needs/trust arrangement.

Deadlines still matter. Most injury claims for minors are tolled until age 18, but government claims usually require a claim within six months, and medical malpractice has special rules (younger children often have the longer of three years from injury or until the 8th birthday). Because these exceptions can shorten the window, it’s best to start immediately so we can secure evidence and preserve all rights.

A typical California personal injury claim moves through clear stages. It starts with a free consultation and engagement, followed immediately by evidence preservation and investigation: photos and video, 911 and police reports, witness outreach, vehicle or property inspections, and requests for surveillance before it’s overwritten. While you complete reasonable medical care, we gather records and bills, verify all insurance and policy limits (including UM/UIM and med-pay), and identify any liens. If a government entity may be involved, we file the mandatory government claim within six months.

Once the file is developed and your medical picture is stable or well-projected, we send a documented, time-limited demand and negotiate. Most cases resolve here. If the insurer won’t pay fairly, we file suit (or demand UM/UIM arbitration). Litigation then follows a predictable path: pleadings and service, written discovery and depositions, independent medical exams, expert disclosure and depositions, law-and-motion practice, and mediation or a mandatory settlement conference.

If settlement still doesn’t occur, the case proceeds to trial or arbitration for a decision. After a resolution, we finalize the release or judgment, negotiate and pay valid liens, reimburse case costs, apply the agreed contingency fee, and disburse the net to you. At each step, we explain options in plain language, seek your approval on major decisions, and keep you updated on timelines and next actions.

Negotiations begin after your medical picture is clear. We package the evidence—liability proof, medical records and bills, wage loss, future care—and send a time-limited demand that sets a firm deadline. The insurer reviews, may ask for clarifications, and usually counters; we answer with updated records, expert input, and accurate lien figures to move the number. If talks stall, we mediate or file suit (or UM/UIM arbitration) to add pressure; a proper policy-limits demand can create bad-faith exposure if the insurer refuses to settle. When agreement is reached, you approve written terms, sign a release, we reduce and pay valid liens and costs, and the net recovery is disbursed to you. Throughout, we handle communications so you don’t give recorded statements or broad authorizations that could undercut your case.

If an insurer denies your claim, we ask for the denial in writing and the specific policy and factual reasons. We then audit the file—police/incident reports, photos, medical records, witnesses, coverage—to fix gaps and submit a targeted rebuttal with the missing proof. If the carrier still refuses, we escalate: file suit against the at-fault party or, for UM/UIM, demand arbitration within the policy’s deadlines. Through discovery, depositions, and motions, we force the defense to commit to its story and produce documents; we also mediate when it can move the needle. If the denial is unreasonable, we may pursue bad-faith remedies (in California, that can include Brandt attorney’s fees and other damages). Meanwhile, we use available coverages—health insurance, med-pay, workers’ comp—to keep treatment on track and protect your credit while the dispute is resolved.

Usually no. Once you sign a release and the case is dismissed with prejudice, the settlement is final—even if new symptoms appear later. Limited exceptions exist: fraud or duress, a mutual mistake about a material fact, lack of authority to settle, or (rarely) a settlement for a minor or incapacitated person that wasn’t properly approved by the court. In California, if your release did not include a Civil Code §1542 waiver, truly unknown claims may survive; if it did include that waiver, unknown injuries are typically released. You also can’t “reopen,” but you may still proceed against a different defendant or insurance policy that wasn’t released. If the other side breaches the settlement, the remedy is usually enforcement, not undoing it. Workers’ compensation is different—you can sometimes petition to reopen within five years for new and further disability. Bring us the signed release, any court orders, and correspondence; we’ll review whether an exception applies or if there’s another viable path.

Usually, no. Money you receive for personal physical injuries or sickness—medical bills, wage loss tied to the injury, and pain and suffering—is generally excluded from federal and California income tax. You do owe tax on punitive damages and on any pre- or post-judgment interest. Emotional-distress payments are taxable if there’s no underlying physical injury, though amounts earmarked for medical care of that distress are not. If you previously deducted medical expenses that are later reimbursed, that reimbursement is taxable under the tax-benefit rule. Attorney fees and liens don’t change the tax character.

Because tax treatment turns on the details of your case, we recommend speaking with a CPA or qualified tax professional.

Yes. If someone else’s negligence caused your injuries, you can recover both past lost wages and future reduced earning capacity in California. We prove this with medical restrictions and financial records—pay stubs, W-2s/1099s, tax returns, employer letters, schedules, and for the self-employed, profit-and-loss data. Future losses often require expert support from your doctors, a vocational specialist, and an economist to translate limitations into dollars over time, including lost overtime, bonuses, and benefits. You do have a duty to mitigate by following medical advice and seeking work within your restrictions; any comparative fault simply reduces, but does not bar, recovery. If the injury happened at work, workers’ compensation may pay wage benefits and assert a lien, which we coordinate and seek to reduce.

If your injuries will require long-term care, we build that into the case from the start. We work with your treating doctors—and when needed a life-care planner and economist—to project future surgeries, therapy, medications, injections, imaging, durable medical equipment, home or vehicle modifications, and attendant care, then convert those needs into present-value dollars. We coordinate coverage while your case is pending by routing care through health insurance, med-pay, workers’ comp, or lien providers so treatment continues without waiting on a settlement. In negotiations or at trial, we seek money for both future medical care and future wage loss or reduced earning capacity. When a resolution is reached, we address Medicare or Medi-Cal reimbursement and compliance, negotiate lien reductions, and, if appropriate, use tools like structured settlements or special-needs trusts to preserve public benefits and provide steady funds for future care. You’ll know the plan, the numbers behind it, and how the recovery will support your long-term medical needs.

When your case settles, the settlement check is deposited into our client trust account and we prepare an itemized closing statement. With your approval, funds are applied in order: first the agreed contingency fee and reimbursed case costs; next, medical balances and liens. We request “final demands” from Medicare/Medi-Cal, workers’ comp, health plans (including ERISA/self-funded), and any hospital or provider lienholders, then audit charges and negotiate reductions using contracted rates, common-fund and made-whole rules, and required pro-rata or statutory formulas. If any item is disputed, we hold back only what’s needed in trust until it’s resolved. After valid liens are paid, the remaining net goes to you, along with a full accounting.