How Can Insurance Impact My Personal Injury Case?

Perhaps you have been injured in a car accident. Maybe you slipped and fell because of an uneven walkway that wasn’t maintained by a property owner.

No matter what kind of injury you sustain, you may have the right to seek monetary compensation. If your accident was the result of another person’s negligence or carelessness, you may be owed financial recovery.

But how does insurance affect a personal injury case? Read on to find out. Below, we will examine some of the ways that insurance companies can influence financial recovery in an injury case.

California Injury Claim Filing Deadlines

Every state has a specified limit for how long you can wait before filing a civil lawsuit after an accident or injury. This legal time limit is known as the “statute of limitations.”

Under California state law, the statute of limitations for injury cases is typically two years from the date of the accident. Victims who fail to file a lawsuit within the two-year statute of limitations will be refused by the court.

There are some exceptions to the two-year limit. Speak with a skilled legal professional as soon as possible to discuss the specifics of your injury case.

Most cases do not escalate to the litigation phase until after settlement negotiations. Usually, an attorney will negotiate with the relevant insurance provider on behalf of the client.

A personal injury attorney will ensure that negotiations proceed quickly enough that you can file a lawsuit if necessary.

Shared Fault in California

In California, the liable party’s insurance provider is responsible for all of the damages that their insured caused.

However, California also operates under a “shared fault” approach to injury cases. This also means that if you sue someone for negligence, they can argue that you were responsible for your own accident.

Their insurance company may also make this claim. They may also argue that you are only partially responsible. If you are partially liable for your injuries, it will affect the amount of financial recovery that you can secure.

California’s “pure comparative negligence” rule means that the amount of recovery that you are owed will be reduced by the percentage of the fault that is yours. Consider the following example.

Suppose that you sustained a head injury in a traffic collision because another driver ran a stop sign. But at the time of the crash, you were driving faster than the speed limit.

If you bear 10% of the fault and the other driver bears 90% of the blame, your recovery will be reduced by 10%. If your damages added up to $20,000, you could only recover $18,000. This “pure comparative negligence standard” is only applicable in California courtrooms.

But insurance providers may cite this rule when attempting to offer you a lower settlement. This is one way that insurance can affect your personal injury case.

Make sure to contact a legal professional to negotiate with the insurance company on your behalf.

Negotiating with Insurance Companies

Most personal injury cases are settled before they go to court. This means that negotiating with insurance providers will be one of the most impactful elements of your accident or injury case.

Insurance adjusters are not working in the best interests of injury victims. Their job is to minimize the amount of payment on each claim that is filed.

When an adjuster makes an offer on a personal injury claim, they consider the following:

The claimant’s chances of winning at trial
The amount of damages a jury is likely to award

To determine these two factors, insurance companies usually request extensive information and documentation about the claim. This can include:

Medical bills
Accident reports
Proof of property damage
Proof of earnings
Tax returns
And more

Adjusters will work hard to offer the lowest settlement possible. Attempting to negotiate with an insurance provider without legal counsel can negatively impact your financial recovery.

A skilled legal representative will negotiate on your behalf. Accomplished injury lawyers know the negotiation tactics that adjusters use to devalue accident claims.

Insurance can affect your personal injury case in many ways. Hiring a trusted attorney will give you the best chance of recovering the compensation that you are owed.

A Free Consultation with Lalezary Law Brothers^®

At Law Brothers, we handle every case from start to finish. You focus on recovering from your accident, and we’ll take care of the rest. We understand that this may be a difficult time for you, so we will meet you where you are at. We offer both virtual consultations and in-person consultations throughout all of California. And if we take on your case, you won’t pay unless you win. Call The Law Brothers® today.

Call us today at (800) 222-2222 for a free consultation or Contact US online to get started.

Practice Areas

The Law Brothers^® have successfully litigated in the following personal injury practice areas

What Our Clients Say

Honestly can't say enough positive things about the Law Brothers! I got into a severe car accident at the end of 2016 and they've been with me every step of the way ever since. Almost 4 years! I want to thank everyone there especially Caitlyn, Shawn, and Yasmeen. They have been responsive, helpful, and reassuring and I don't know what I would've done if I didn't have the legal support that I was able to get along the years. They are super professional and really helped me get through this hardship in my life. I would definitely recommend!!!

Ivonne K.

Last year I contacted your law firm when I got into a car accident. the gentleman that handled my case, his name was Cesar. Cesar was very helpful and compassionate about my situation. He helped me get my car fixed very quickly and was super patient with me. He answered all of my questions and ensured me that everything will be taken care of. Once my case was settled I ended up getting more than I was expecting, which was amazing. I highly recommended Cesar and this law firm to anyone that needs help.

William Charlton

I was a client to the Law Brothers firm for about a year, the staff is really nice and professional. I would get updates on the case status and when I did call I would usually get a call back within 24 hours. I really appreciate the work that was done for me. I got the most out of my settlement and when I called to have a break down of the costs, Genesis was very patient and gave me a break down on all of it. I will definitely recommend this law firm to friends and family, as well as call them in the future if needed (hopefully not soon).

Erendira Landa

I had gotten into an accident and had no idea what to do. Friends and family recommended I get a lawyer since I was not at fault. I found this firm and I was beyond impressed. They handled everything for me from car insurance questions to finding doctors for me to visit. After my accident all I had to do was make appointments with various doctors to help with my pain. I give five stars because this firm went above and beyond and continued to follow up with me. I highly recommend if you are in need of a lawyer to use them.

Jacqueline D.

The team at the Law Brothers we’re amazing! I am not the kind of person to seek legal counsel, but I was hit by a car while riding a motorcycle and the driver’s insurance was avoiding my attempts to get reimbursed. They were able to not only get a settlement that replaced my motorcycle, but they found me physical therapy which was close to my work. Now I am back to where I was physically before the accident and I am able to ride a motorcycle again. They were always responsive to my texts, calls, and emails. They even would systematically check to see how I was healing and if the support they linked me to was satisfactory.

Charles Mortensen

This law firm is a team of miracle workers! The Law Brothers Law Firm saved me from suffering at another law firm from Century City. My case manager Jonathan was able to gather all the details from my accident ( literally within a week! ) and keeping me updated consistenty to keep me at ease. They work diligently and keep at it until your case is completed. I went through a car accident that almost took my life away but thanks to the higher power and the Law Brothers, you won't even hesitate to choose them because I felt trust and integrity throughout my case and I feel happier in my life, which in my opinion, matters the most at the end of the day.

Jason Avelar

What Our Clients Say

Ivonne K.

William Charlton

Erendira Landa

Jacqueline D.

Charles Mortensen

Jason Avelar

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