FAQs
Common questions. Direct answers.
What people ask us most often — and the plain-English answers we give. If your question isn't here, call (760) 566-6063 or use the free case review form.
The Basics
General Questions
How much does it cost to hire a personal injury lawyer?
Nothing up front. Brothers in Law Office handles personal-injury cases on a contingency basis — we are paid only if we recover money for you. Our contingency fee is 33%, and if we don't recover money for you, you owe no attorney fee and no case costs. All terms are in a written agreement before you sign. We can also refer you to doctors and chiropractors who treat on a lien, meaning they are paid from the settlement instead of out of your pocket.
How long do I have to file a personal injury claim in California?
California's general statute of limitations for personal-injury claims is two years from the date of injury. Some cases have shorter deadlines. Claims against a city, county, or other public entity must be filed within six months. Talk to an attorney quickly to preserve your rights.
What is my case worth?
Case value depends on medical bills, lost wages, future treatment costs, pain and suffering, the strength of liability evidence, and the at-fault party's available insurance limits. Our attorneys will review your file, the medical records, and the insurance coverage available, and give you an honest range — never a guaranteed number.
Do I have to go to court?
Most personal-injury cases settle without a trial. We negotiate with the insurance company first, file suit only if the offer is insufficient, and prepare every case as if it will be tried. Building the file as if it will go to trial puts us in a stronger position to negotiate.
What if I was partly at fault for the accident?
California is a 'pure comparative negligence' state. Even if you were 50%, 80%, or 99% at fault, you can still recover a proportional share of your damages. Your recovery is reduced by your share of fault, but never eliminated by it.
How long will my case take?
Most personal-injury cases resolve in 6 to 18 months. Cases that settle before suit can close in a few months; cases requiring litigation, expert work, or trial typically take 12–24 months. We update you at every milestone — you never need to call wondering 'where's my case.'
What if the driver who hit me had no insurance?
Your own uninsured-motorist (UM) coverage can pay your medical bills, lost wages, and pain and suffering, up to your policy limit. Underinsured-motorist (UIM) coverage helps when the other driver's policy is too small. Your own insurer will still try to minimize the claim, so it's worth having a lawyer negotiate it.
More Detail
By Practice Area
How long do I have to file a car-accident claim in California?
Two years from the date of the crash for most personal-injury claims. Claims against government entities (state, county, city) have a six-month notice requirement. Property-damage-only claims have a three-year window.
Who is liable in a commercial-truck crash — the driver or the company?
Often both. Federal law makes the motor carrier liable for the driver's on-duty negligence. The company can also be directly liable for negligent hiring, training, supervision, or equipment maintenance.
Does lane-splitting affect my liability in California?
California legalized lane-splitting in 2016 and the CHP has published lane-splitting guidelines. Lane-splitting itself does not establish fault; whether it was done safely under the circumstances is the legal question.
What if the at-fault driver was uninsured?
Your own uninsured-motorist (UM) coverage steps in. UM coverage pays your bodily-injury damages up to the policy limit when the at-fault driver has no insurance. Most California auto policies include UM unless the policyholder rejected it in writing.
Was the driver at fault if I jaywalked?
California is a pure comparative-negligence state. Even if you crossed mid-block, you can still recover damages reduced by your share of fault. Drivers also have a duty to anticipate pedestrians and avoid them when reasonably possible.
What do I need to prove in a California slip-and-fall case?
Four elements: (1) the property owner owed you a duty of care, (2) a dangerous condition existed, (3) the owner knew or should have known about it, and (4) the condition caused your injury. Notice — actual or constructive — is the most contested element.
Who can file a wrongful-death claim in California?
The decedent's surviving spouse, domestic partner, children, and — if there are none — the persons who would inherit by intestate succession. California Code of Civil Procedure § 377.60 lists the precise hierarchy.
Is the dog owner automatically liable in California?
California Civil Code § 3342 makes owners strictly liable for dog bites — meaning liability is automatic if the dog bit you in a public place or while you were lawfully on private property. Prior viciousness is not required.