FAQ

Under California’s statute of limitations, you typically have two years from the date of the accident to file a personal injury lawsuit. It’s best to consult a lawyer as soon as possible to preserve evidence and avoid missing critical deadlines.

Yes. California follows the doctrine of “pure comparative negligence.” You can recover compensation even if you share some fault, but your award may be reduced by your percentage of liability.

The value of your claim depends on factors like the severity of your injuries, the cost of medical treatment, lost income, and whether long-term care is required. An attorney can provide a more accurate estimate after reviewing your case details. 

You may be able to pursue compensation through your own uninsured/underinsured motorist coverage. A lawyer can help you understand your policy and other potential avenues for recovery.

Insurance adjusters often make low initial offers. A Folsom car accident lawyer can evaluate the fairness of any settlement and negotiate to secure a higher amount that fully covers your losses.

Yes. The California Highway Patrol has provided advisory guidelines (not laws) to promote safe lane splitting and lane filtering. For example, the CHP recommends that at all times motorcyclists should not travel more than 10 mph faster than traffic. Generally speaking, the faster a motorcycle is going than the surrounding the traffic, the greater the risk of an accident. Lane splitting is also advised to be done at 30 mph or less. As speeds increase, so does the likelihood of severe injury in the event of a collision.

CHP guidelines also put an emphasis on traffic conditions. Lane splitting is safer when traffic is moving slowly or is stopped because the of other vehicles are more predictable and collisions are easier to avoid. Lastly, CHP advises motorcyclists to split lanes between the far-left lanes (the number one and two lanes).

You may still have way to recover for your injuries. An “uninsured” motorist is a person who does not have active auto insurance. An “underinsured” motorist is a person who has auto insurance, but their policy limits are less that the policy limits of your own personal auto policy. Under either situation, you may be able to seek compensation for your damages through your own uninsured/underinsured motorist coverage within your auto policy.

Also, your attorney will investigate whether there are any other potentially at-fault parties to seek recovery from.

Having a pre-existing injury or illness, or even being prone to injury, can make pursing a personal injury claim difficult, but not impossible. Such a situation could also possibly reduce the amount of recovery available, but this means you are still entitled to compensation for the injuries caused by another.

In the realm of personal injury law, the concept of the “eggshell plaintiff” holds significant weight, particularly in California. This legal doctrine pertains to situations where a plaintiff, due to a pre-existing condition or vulnerability, suffers greater harm or injury than an average person would under similar circumstances. Understanding this doctrine is crucial for both legal professionals and the general public, as it underscores the principle of accountability and fair compensation in civil litigation.

The term “eggshell plaintiff” originates from the idea that if a person’s skull were as fragile as an eggshell, a tortfeasor (the party responsible for the injury) would be liable for the full extent of the damage caused, regardless of the plaintiff’s pre-existing condition. Essentially, it means that the defendant must take the plaintiff as they find them, including any pre-existing vulnerabilities or conditions that may exacerbate the injury.

In California, the eggshell plaintiff doctrine is firmly established in case law and statutes. Courts in California have consistently upheld the principle that defendants are responsible for the full extent of harm caused by their negligent or wrongful actions, regardless of the plaintiff’s pre-existing conditions. This doctrine aligns with the broader legal concept of tort law, which aims to compensate injured parties for the harm caused by the negligence or intentional wrongdoing of others.

One of the key implications of the eggshell plaintiff doctrine is its impact on the calculation of damages in personal injury cases. In California, plaintiffs may be entitled to compensation for various types of damages, including medical expenses, lost wages, pain and suffering, and emotional distress. Under the eggshell plaintiff doctrine, courts may award higher damages to account for the increased harm suffered by vulnerable plaintiffs.

The eggshell plaintiff doctrine serves an important function in ensuring that individuals who are already in a fragile state are not further disadvantaged by the negligence of others. It promotes a system of justice that prioritizes fairness and accountability, holding wrongdoers responsible for the full consequences of their actions.

However, it’s worth noting that the application of the eggshell plaintiff doctrine can vary depending on the specific facts and circumstances of each case. Courts must carefully evaluate the evidence and consider factors such as the nature of the plaintiff’s pre-existing condition, the foreseeability of the harm, and the extent of the defendant’s negligence.

Personal injury cases can take anywhere from a few months, to a few years. There are countless factors, including the extent of your injuries, medical treatment, and the necessary investigation that can affect how long it takes to secure compensation following accident. It is important to understand that this process can take a bit of time and to have realistic expectations of when your case may be resolved.

That being said, Shaaban Law will work tirelessly to secure the most compensation available as quick as possible to help your healing process. We will also be sure to provide regular updates so that you are not left in the dark wondering how your case is going.

Obtaining a police report after an auto accident is crucial for several reasons:

(1) It provides an official account of the incident, which can be invaluable for insurance claims and any potential legal actions.

(2) The report documents important details such as the involved parties, witness statements, and the officer’s assessment of the scene, helping to establish liability and support your case.

(3) Without this official documentation, proving fault and securing fair compensation can be significantly more challenging

No. Filing a claim is generally the first step to seeking compensation. It is the act of requesting compensation from the at fault party, their insurance company, or even your insurance company, after an accident. When you file a claim, you are not taking the other party to court, yet. Instead, this begins the investigation and negotiation process of seeking compensation for your damages.

If a settlement cannot be obtained through the claims process, then you may decide to file a lawsuit and take the at fault party to court to obtain just recovery.

In this situation, the types of damages you can recover are limited. However, you are not completely out of options. Under California’s Proposition 213, uninsured drivers involved in an accident that wasn’t their fault are allowed to recover their “economic damages” only. Economic damages are tangible losses like current and future medical expenses, lost wages, property damage, and other out of pocked expenses.

As an uninsured driver, you would not be entitled to “non-economic damage,” which are intangible losses like emotional distress and pain and suffering. However, there are a few exceptions where you could still seek non-economic damages such as: (1) you driving without insurance through no fault of your own (i.e., the vehicle you borrowed was uninsured without your knowledge, or the insurance company messed up creating a lapse in coverage); (2) you were driving a vehicle owned by your employer while performing your jib duties; and (3) the at-fault driver was under the influence of drugs or alcohol.