Do I need a lawyer for a car accident in California?

Not always. If no one was injured, the property damage is handled, and the amount offered is sufficient, you may not need one. The analysis changes once there are injuries and ongoing medical treatment, because the full value of the claim is not knowable until treatment develops.

How much does a car accident lawyer cost in California?

Nothing up front. The fee is a percentage of the gross recovery, historically one-third before a lawsuit is filed and forty percent once the case is in litigation. If there is no recovery, there is no fee.

What is the difference between attorney fees and case costs?

Fees are the attorney's percentage of the recovery. Costs are money the firm advances during the case, from a traffic collision report to expert fees that can reach tens of thousands of dollars. At The May Firm, if the case does not recover, the client does not pay those costs back.

How long do I have to file a car accident claim in California?

Two years from the date of the accident to file a lawsuit for your injuries. Property damage runs three years, and a wrongful death claim runs two years from the date of death. A claim against a California public entity must be presented within six months, and if it is rejected in writing, you have only six months from that rejection to sue. A claim against a federal agency has a two-year statute of limitations under a separate federal process. An uninsured motorist claim must be preserved within 2 years of the crash by suing the driver, agreeing in writing to arbitrate, or demanding arbitration in writing. Chapter 8 sets all of these out in one table.

Is it too late to hire a lawyer if I already got an offer?

No. An offer can be evaluated and countered. What generally ends the claim is signing a release or cashing a settlement check.

How much of my settlement do I actually keep?

The gross recovery is reduced by attorney fees, advanced case costs, any reimbursement owed to your health insurer, and outstanding medical bills or liens. How well those liens are negotiated directly affects your net.

Should I talk to the other driver's insurance company?

Not on a recorded statement while unrepresented. You can confirm your name and the date of the accident and say you are seeking your own medical care. Adding detail about injuries or the facts of the accident creates a fixed record that gets used later.

Will my case go to trial?

Statistically, very unlikely. Most cases resolve before trial, and a case can be in litigation without the client ever taking the stand. Trial capability still matters because it is what creates pressure toward a reasonable settlement.

Can I switch lawyers if I am unhappy?

Clients are not permanently locked to a firm, and the terms of any change depend on the signed agreement. The better step is to ask the questions in Chapter 10 before signing, so the fit is right at the start.

What should I do first after a car accident?

Get medical attention, avoid giving a recorded statement, keep the case off social media, and call a firm you trust for a free consultation. If you are wondering whether you need a lawyer, that is generally an indication you should at least ask one.

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Frequently Asked Questions

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Do I need a lawyer for a car accident in California?: Not always. If no one was injured, the property damage is handled, and the amount offered is sufficient, you may not need one. The analysis changes once there are injuries and ongoing medical treatment, because the full value of the claim is not knowable until treatment develops.
How much does a car accident lawyer cost in California?: Nothing up front. The fee is a percentage of the gross recovery, historically one-third before a lawsuit is filed and forty percent once the case is in litigation. If there is no recovery, there is no fee.
What is the difference between attorney fees and case costs?: Fees are the attorney's percentage of the recovery. Costs are money the firm advances during the case, from a traffic collision report to expert fees that can reach tens of thousands of dollars. At The May Firm, if the case does not recover, the client does not pay those costs back.
How long do I have to file a car accident claim in California?: Two years from the date of the accident to file a lawsuit for your injuries. Property damage runs three years, and a wrongful death claim runs two years from the date of death. A claim against a California public entity must be presented within six months, and if it is rejected in writing, you have only six months from that rejection to sue. A claim against a federal agency has a two-year statute of limitations under a separate federal process. An uninsured motorist claim must be preserved within 2 years of the crash by suing the driver, agreeing in writing to arbitrate, or demanding arbitration in writing. Chapter 8 sets all of these out in one table.
Is it too late to hire a lawyer if I already got an offer?: No. An offer can be evaluated and countered. What generally ends the claim is signing a release or cashing a settlement check.
How much of my settlement do I actually keep?: The gross recovery is reduced by attorney fees, advanced case costs, any reimbursement owed to your health insurer, and outstanding medical bills or liens. How well those liens are negotiated directly affects your net.
Should I talk to the other driver's insurance company?: Not on a recorded statement while unrepresented. You can confirm your name and the date of the accident and say you are seeking your own medical care. Adding detail about injuries or the facts of the accident creates a fixed record that gets used later.
Will my case go to trial?: Statistically, very unlikely. Most cases resolve before trial, and a case can be in litigation without the client ever taking the stand. Trial capability still matters because it is what creates pressure toward a reasonable settlement.
Can I switch lawyers if I am unhappy?: Clients are not permanently locked to a firm, and the terms of any change depend on the signed agreement. The better step is to ask the questions in Chapter 10 before signing, so the fit is right at the start.
What should I do first after a car accident?: Get medical attention, avoid giving a recorded statement, keep the case off social media, and call a firm you trust for a free consultation. If you are wondering whether you need a lawyer, that is generally an indication you should at least ask one.

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