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Personal Injury Questions & Answers

Have questions about your personal injury case? Our experienced attorneys answer the most commonly asked questions below.

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Fees & Payment

How do I pay you? +
In a typical personal injury case, the attorney is not paid until the case settles or a judgment is received from the court. This is called a contingent fee - the attorney receives a fee based on a percentage of the settlement or judgment amount. This means you pay nothing upfront. There are no hourly fees, no retainers, and no out-of-pocket legal costs. If we do not win your case, you owe us nothing.
How does a contingency fee work? +
A contingency fee means that a personal injury attorney only gets paid attorney fees if they can successfully resolve your case. The fee is calculated as an agreed-upon percentage of the final settlement or court award. Because your attorney's pay is tied directly to your outcome, you can be confident that we are always working hard to maximize your recovery.
When do you get paid? +
We are paid only if and when we win your case or settlement. After the settlement has been won, we receive a percentage to cover litigation fees and our work on the case. Until that point, our firm advances all costs necessary to build and litigate your case - including investigation costs, expert fees, and court filing fees - so that you never have to worry about paying for legal services out of pocket while you are recovering.
Are there any upfront costs or hidden fees? +
No. There are absolutely no upfront costs to you. LMS Law advances all case expenses - including investigation, expert witnesses, court filings, and deposition costs - out of our own pocket. These costs are only reimbursed from your settlement if we win. If we don't win, you owe nothing.
Is the initial consultation really free? +
Yes - completely free and confidential. Our initial case review is always free with no obligation. We will listen to your situation, answer your questions honestly, and give you a realistic assessment of your case. If we don't think we can help you, we'll tell you that too.
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Case Process & Timeline

Why do I need a Personal Injury Lawyer? +
When you have been injured, the company, brand, person, or employer responsible wants the easy way out. Insurance companies and their legal teams are focused on minimizing what they pay you - not on making you whole. A personal injury lawyer levels the playing field. We understand the legal process, know how to properly value your claim, and have the experience to fight for the full compensation you deserve for medical bills, lost wages, pain and suffering, and future expenses. Without experienced counsel, you risk settling for far less than you are entitled to - or missing critical deadlines that could cost you your case entirely.
How long will my case take? +
Each case is different. On average, if your case is resolved at the claim stage before a lawsuit is filed, it is typically resolved within two years after the incident occurred. Once a lawsuit is filed, it usually takes 12 to 18 months either to settle the case or go to trial. Factors that affect the timeline include the complexity of the injury, the number of parties involved, the availability of evidence, and the willingness of the other side to negotiate in good faith.
What is the statute of limitations in California? +
In most personal injury cases in California, you have 2 years from the date of injury to file a lawsuit. However, important exceptions apply: claims against government entities must be filed within 6 months, and claims involving minors may have different rules. Missing your deadline permanently bars your right to compensation - contact LMS Law as soon as possible after your injury.
Do I have to go to court? +
Most personal injury cases are resolved through settlement before ever going to trial. However, if the other side refuses to offer fair compensation, we are fully prepared to take your case to trial and fight for the outcome you deserve. Our attorneys have extensive courtroom experience and are not afraid to go to trial when it is in your best interest.
What should I bring to my free case review? +
Helpful items include medical records and bills, accident reports, photos of the scene and injuries, witness contact information, insurance information, records of missed work, and any prior attorney correspondence. Don't worry if you don't have everything - our team can help you identify and gather what's needed. The most important thing is to schedule your consultation as soon as possible, because time-sensitive evidence can disappear quickly.
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Evidence & Documentation

What evidence do I need for my case? +
Key evidence includes: photos of the accident scene and your injuries, medical records and bills, police or incident reports, witness names and contact information, insurance information, records of missed work, and any correspondence with the other party or their insurer. Visit our Prepare For Your Case page for a complete checklist.
Can I hurt my case by talking to the other party's insurance company? +
Yes - you should be very careful about what you say to the opposing party's insurance adjuster. Insurance companies often use recorded statements to minimize or deny your claim. We strongly recommend speaking with an attorney before giving any statements to another party's insurer. Anything you say can be used to reduce your compensation.
Will social media affect my case? +
Absolutely. Defense attorneys and insurance adjusters routinely monitor social media accounts of injury claimants. A photo of you at a social event, a casual comment about your activities, or even a check-in at a restaurant can be used to undermine your injury claims. We advise all clients to avoid posting on social media until their case is resolved.
What if I didn't seek medical treatment right away? +
Gaps in medical treatment can make it harder to prove the extent of your injuries, and insurance companies often use delayed treatment as a reason to reduce settlements. That said, a delay does not automatically destroy your case. Our attorneys have successfully handled cases where treatment was delayed, and we can help present your situation in the strongest possible light.
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Settlement & Compensation

How long until I receive my settlement money? +
After settlement is reached, documents are signed, and disbursement is processed, you can typically expect to receive your compensation about six weeks after settlement. During this period, settlement funds are placed in a trust account, medical liens and other obligations are resolved, and the final disbursement is calculated. Our team keeps you fully informed throughout so there are no surprises.
Should I accept the first settlement offer? +
In almost every case - no. The first offer from an insurance company is typically far below the true value of your claim. Insurers are profit-driven businesses that make money by settling claims for as little as possible. Once you accept a settlement, you typically waive your right to seek additional compensation. Let us evaluate any offer before you decide - our attorneys know what your case is truly worth.
What types of compensation can I recover? +
Depending on your case, you may be entitled to recover: Medical expenses (past and future), lost wages and lost earning capacity, pain and suffering (physical and emotional), property damage, out-of-pocket expenses, and in some cases punitive damages if the defendant's conduct was particularly egregious. Our attorneys will identify every category of damages available in your specific case.
What if I was partially at fault for the accident? +
California follows a "pure comparative negligence" rule, which means you can still recover compensation even if you were partially at fault - your award is simply reduced by your percentage of fault. For example, if you were 20% at fault and your damages were $100,000, you could still recover $80,000. Do not assume that partial fault eliminates your claim - contact us to understand your rights.

Still Have Questions?

Our attorneys are happy to answer any questions you have about your personal injury case - with no obligation and no cost to you. Every case is unique and we're here to help you understand your specific situation.

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✓ Free Case Review
✓ No Fee Unless We Win
✓ No Upfront Payments
✓ You Always Come First