Personal Injury Frequently Asked Questions (FAQs)
When you’re injured in an accident, you likely have many questions about how to proceed with getting compensation for your injuries. We at The Law Offices of Derek Lim believe you should focus on your health — which is why we aim to help you with securing the compensation you need.
If you have been injured in California, below are answers to questions you may have about your accident. For other questions, we encourage you to call our Fremont office at 800-769-3977 for a free initial consultation, or reach out online to make an appointment.
What should I do after a car accident?
First and foremost, always seek medical treatment. Your safety is your No. 1 priority, and if you delay getting treatment, you may have trouble securing full compensation for your injuries.
Second, gather all information you need from all parties involved. Take pictures of the scene, take the other driver’s contact and insurance information and ask for contact information from any witnesses at the scene. And if you are ever unsure, our attorneys are only a call away.
How much is my personal injury case worth?
Every case is unique, and it is difficult to put a dollar value to your accident without a consultation. Part of your reward also depends on how much fault you have in the accident, as determined by the court. No matter the case, however, we will fight tirelessly for the full and fair compensation you deserve — for medical treatment, lost wages, property damage, lost earning potential, pain and suffering and more.
What is “comparative negligence” in California?
In California, an accident isn’t necessarily “your fault” or “their fault.” Rather, each party is determined to have a percentage of the total fault in the accident. You are then only able to secure a percentage of your compensation, depending on your percentage of fault.
For example, you get in an auto accident. The court finds that your total damages are $100,000. But because of your own actions while driving (whether you were texting, not wearing a seat belt or otherwise negligent), you are given 25 percent fault for the accident. That means you can recover 75 percent of total damages or $75,000. You can file a lawsuit no matter what level of fault you have — which means even if an accident was 90 percent your fault, you could still recover $10,000.
Real-life situations are much more complicated than this. Part of our job is to show that you had little to no fault in the accident, so you can recover the full amount of damages for your injuries.
Should I take the insurance company’s offer?
Never accept an insurance company’s offer without first consulting in an attorney. These companies often put their own profits above your well-being and will offer you a fraction of what you deserve so they can minimize their own costs.
How much does a personal injury lawyer cost?
Nothing upfront — we take personal injury cases on a contingency fee basis. This means you receive a free consultation, and you only pay us if we are successful in securing you compensation at the end of your case. Even then, you only pay a percentage of that compensation. If we lose, we don’t get paid.