General Personal Injury FAQs

Personal injury is any type of accident in which you suffered injuries due to negligent actions or inactions of another party. Simply injuring yourself is not enough. There must be these four elements present:

• Duty of care: The other party’s legal, ethical, and professional obligation to your safety.
• Breach of duty: The moment when the other party deviated from the norm or violated a law.
• Causation: As a result of their breach, it caused an accident in which you suffered injuries.
• Damages: You now have financial, emotional, and mental hardship.

Personal injury accidents can include such events as:

• Motor vehicle accidents, including commercial trucks and pedestrians
• Premise liability, such as slip and falls and dog bites
• Catastrophic injuries, like traumatic brain injuries (TBI)
• Workers’ compensation and third-party lawsuits
• Wrongful death

If you have questions about whether your accident qualifies as a personal injury case, we suggest calling our office and speaking to a member of our personal injury law firm.

Sargent Law Firm Injury Lawyers never charges attorney’s fee unless we win. We provide top legal representation on a contingency fee basis. Under a contingency fee agreement, we will pursue your case without any payment until it is resolved. If we do not win, you owe us nothing.

Plus, we offer free consultations with a member of our personal injury law firm all across California and Idaho.

If you cannot come to us, we can come to you. We regularly visit potential clients at their homes, hospitals, or wherever they need us. Give us a call or submit a free online case evaluation.

If we take on your case and you need medical treatment but do not have health insurance, we can help you obtain treatment. Our accident attorneys know a network of medical doctors, chiropractors, physical therapists, orthopedic surgeons, and many specialists who will treat you even if you don’t have health insurance.

Our personal injury lawyers can help you find medical providers who will delay payment of their medical bills until your case is resolved.

First of all, understand that you are not alone. Most of our clients have never hired a lawyer before. You don’t have to feel guilty for wanting to get legal help with your personal injury claim. After all, the situation you are in is most likely the fault of the negligent party, not yours.

Not all cases end up with a lawsuit. In every case, we attempt to achieve a fair settlement with the negligent party’s insurance company. If we cannot reach a fair and reasonable settlement with the insurance company, then we proceed with a lawsuit to obtain compensation that is consistent with the value of your case.

Technically, no. Practically, though, the answer is maybe. Everyone does not need a lawyer if they are involved in an accident. However, if you have been injured in an accident, then we suggest that you at least speak with an accident attorney who manages your type of case.

For one thing, the insurance companies will push you to settle your claim far below the reasonable value. With the help of an experienced and aggressive accident lawyer, they can protect you from lowball settlement offers and seek the maximum compensation possible for your claim.

They will handle developing your case and dealing directly with the insurance company while you recover from your injuries.

The answer to this question varies from case to case.  Cases can take anywhere from days to years. If you are in a financial situation and you need money before your case is finished, we can help you with this.  We have a network of companies that will lend you money, and you won’t have to pay it back until your case is settled.

We Need to Investigate Your Accident

The process at Sargent Law Firm Injury Lawyers is very simple. First, we will gather all the facts and evidence surrounding your case. We will order your medical records and medical bills. We will order the traffic collision report or police report. When necessary, we will consult with top-notch expert witnesses on your case. We have a network of medical experts, biomechanical engineers, accident reconstruction specialists, economists, vocational rehabilitators, and many other experts to help us build your case.

We Will Need to Compile All Your Losses

Before we submit a demand to the other side, we will assess your total damages. Sometimes, we will need to wait until your medical treatment concludes to finish the fact-gathering process.

We Will Need to Submit Your Claim and Negotiate a Fair Settlement

Once we have all the necessary information and know what your damages are, we will make a demand to the insurance company or the negligent party. This stage will begin the negotiation process. Our reputation as an experienced and aggressive personal injury law firm is known by the insurance companies. They know we will not back down and will fight to obtain maximum compensation for your personal injury case. If the other side is not being reasonable, we will file a lawsuit and proceed to trial to achieve a fair result.

We Will Take Your Case to Court if Necessary

Even though we sometimes have to file a lawsuit, not every case goes to trial. This is because there are various steps throughout the litigation process to settle your personal injury case. Our personal injury lawyer, Attorney Ryan Sargent, has successfully tried numerous cases to verdict.

If you have been injured as a result of someone’s negligence, you may be entitled to receive money for your damages.  The law provides that you may be able to recover money for:

• Past and future medical expenses
• Lost income while you recover
• Reduced earning capacity
• Pain and suffering
• Mental anguish and emotional distress
• Property damage

Your case may include other losses, including punitive damages.

We Can Protect You From the Insurance Company Devaluing Your Claim

The insurance companies are a business and will try to pay as little as possible on your claim. A personal injury lawyer is aware of their tactics and goals. They can determine the types of damages you may claim in your personal injury case and will fight to secure the maximum compensation possible for you.

A Lawyer Could Ensure the Insurance Company Will Treat You Fairly

Insurance companies know that they have the advantage when you are not represented by an attorney and will try to pressure you into accepting a settlement far below what your case may be worth. Our personal injury lawyers know that every case is different and will assess your case on its individual merits. We will look at all of the evidence in your case to determine its fair settlement value.

Speak to a member of our legal team during a free case consultation about your possible damages.

The answer is yes. Even if you are partially responsible for an accident you were involved in, you still have the right to pursue a case. However, the amount you recover may be reduced by the percentage of responsibility you have for the accident.  For example, if you were 25% responsible for a $100,000 car accident, then your recovery would be reduced to $75,000.

There are differences between the comparative negligence laws of the two states we provide legal representation:

• California: The state follows a pure comparative negligence doctrine, per CIV § 1714. Under this statute, victims may recover compensation even if they were 99% at fault for the accident.
• Idaho: The state follows a modified comparative negligence doctrine, per Idaho Statutes § 6-801. Like California, victims may recover if they are partially to blame for the accident. However, if the victim is 50% or more at fault, they are barred from collecting compensation.

If you are not sure you are at fault for the accident or the insurance company is blaming you for it, give us a call. We can investigate your accident, assess your degree of fault, and combat any attempt to place a greater fault on you than what is warranted.

Insurance companies always try to get a recorded statement as soon as they can after an accident. If you have been injured in an accident and the insurance company keeps calling to get a recorded statement, then we advise you to seek advice from an insurance claim lawyer or a car accident lawyer.

You are not required to give a recorded statement. In fact, our personal injury attorneys advise our clients not to speak to the insurance company unless your attorney is present or has advised you otherwise.

The Insurance Company Is Not on Your Side

The insurance company will try to use the things you say in the recorded statement against you. For example, sometimes injured parties in accidents develop symptoms several days after the accident. If you speak with the insurance company before you have developed your symptoms, such as neck or back pain, and give a recorded statement that “you feel fine,” the insurance company will question your claim when you submit it. They will try to make it appear as though you are not telling the truth about your injuries because you originally told them you were fine.

It is very important to let an experienced insurance claims attorney guide you through this difficult insurance claims process. The insurance company will do its best to pay you as little as possible.

The statute of limitations is a legal deadline, and every type of personal injury case will have one. Basically, you have a limited amount of time to file your personal injury lawsuit or settle your claim. There are also various exceptions that can shorten or extend the amount of time you have to file.

California’s Personal Injury Statute of Limitations

Under CCP § 335.1, the statute of limitations for a personal injury lawsuit in California is typically two years from the date of the accident. This statute also applies to families who have lost a loved one in an accident. However, if the party responsible for your injuries is a governmental entity, then you may only have six months to file a notice of claim, per GOV § 911.2.

Idaho’s Personal Injury Statute of Limitations

Under Idaho Statutes § 5-219, injury victims also have a two-year statute of limitations. The same applies to wrongful death lawsuits in the state. The state also has a six-month period to file a notice of claim, per Idaho Statutes § 6-905, 6-906, and 6-907.

Consequences of Missing the State Deadline

If you miss the deadline, the court could bar your case. In turn, you will lose any leverage you have with the insurance company to negotiate a fair settlement, and you may be responsible for covering any losses that their settlement fails to cover.

However, if you contact us soon enough, not only can we protect your right to sue, it gives us the time necessary to develop your case. We can secure evidence before it is lost or destroyed and retain witness statements before their memories fade.

If you have been in an accident caused by another party, we suggest you do the following:

• Call 9-1-1 if you need immediate medical assistance
• Exchange information with those present and the other party
• Document what you can from the accident scene
• See a doctor as soon as possible
• Follow your doctor’s orders completely
• Limit what you say to the other party, insurance company, police, and others

Then contact Sargent Law Firm Injury Lawyers for a free consultation.