San Francisco Personal Injury Lawyer FAQs

Here are some of the most commonly asked questions that our San Francisco personal injury lawyers receive.
You can also take a look at our employment lawyer FAQs page.
FAQ Categories
After an Accident
See a doctor as soon as possible. If you can, take photos of the accident scene, get information from any witnesses, and report the accident to the police. Then contact a personal injury lawyer like Stoll & Haynes.
Get checked by a doctor if you’ve been hurt, since some injuries don’t show symptoms straight away. Also, having a medical record can prove your injury was caused by the accident, supporting your personal injury claim.
The sooner, the better. A good attorney in the Bay Area helps you collect evidence, negotiate with the at-fault party’s insurance company, and fight for a fair and full settlement that accurately reflects your injuries.
Filing Deadlines
California has clear time limits, called statutes of limitations, that specify how long you have to file a personal injury claim. Generally, you can file a claim within 2 years from the date of your injury. If you miss that deadline, you may lose your right to compensation. Get in touch with a personal injury attorney in San Francisco as quickly as possible after your accident.
In California, wrongful death claims must generally be filed within 2 years of the person’s death. Acting quickly can protect your legal rights.
Medical malpractice claims in California must generally be filed within 1 year of discovering the injury or 3 years from the date of the injury, whichever comes first.
Personal injury claims against government agencies in California must generally be filed within 6 months of the accident. Missing this deadline can prevent you from pursuing damages.
Yes, a good lawyer can handle all the paperwork involved in filing a claim and negotiate with insurance companies so you can focus on healing from your injury.
Fault and Liability
You may still be able to pursue compensation even if you are partly at fault for what happened. However, California has a pure comparative fault rule, which means your compensation might be reduced by your share of responsibility. Say you’re injured in a car crash, but the court says you were 30% to blame. If your total damages are $100,000, you’d receive $70,000, which is a 30% reduction.
If you are partially to blame for your accident, you can still seek compensation for losses after an injury, such as medical bills and pain and suffering. However, bear in mind that California has a pure comparative fault rule. This means any damages you may receive can be reduced by your percentage of responsibility.
Negligence simply means that someone failed to act with reasonable care for whatever reason and, as a result, that failure caused harm to another person. Many personal injury cases in California center around proving negligence.
Yes, there might be multiple parties responsible for what happened to you. A personal injury attorney can identify who’s at fault for your injuries.
Compensation
Compensation is money paid to cover losses caused by someone else’s negligence or wrongful act. It can include costs for lost wages, medical bills, pain and suffering, and so on.
There’s no guaranteed or fixed amount for personal injury cases. However, settlements can range from a few thousand dollars to hundreds of thousands of dollars — or even more. What you may receive depends on what happened, the extent of your injuries, and other factors.
The average slip and fall settlement in California can be difficult to estimate because every case is different. However, claim values might range from a few thousand dollars for minor injuries to hundreds of thousands of dollars or more for serious injuries.
Insurance and Settlement
An early settlement offer may be lower than what your case is actually worth. We recommend speaking with a San Francisco personal injury attorney before accepting anything. They can work on your behalf to get fair and full compensation.
The responsible party’s insurer may claim your injuries are pre-existing or blame you for your accident, potentially resulting in a lower settlement offer than you deserve. An attorney can negotiate with insurance companies for you.
Case Timeline and Processes
It’s different for every case but might involve collecting evidence, determining who’s at fault for your accident, negotiating with insurers, and, in some cases, litigation.
Some cases settle in just a few months. However, others can take much longer, especially if liability is disputed or the case goes to court.
Rather than going to trial, most personal injury cases are resolved through settlement negotiations with the at-fault party’s insurance company. Court proceedings can be time-consuming and expensive, so both parties usually try to reach an agreement first. Stoll & Haynes is ready to take your case to court, if necessary.
Specific Issues
If you were injured in an Uber, Lyft, or Waymo, you may be able to pursue compensation through the driver’s insurance, the rideshare company’s insurance, or other liable parties. Unlike normal automobile accidents, personal injury cases involving rideshares can be complicated, so consult with an attorney as soon as possible.
You may be able to if the slip and fall was caused by a dangerous or poorly maintained sidewalk. Liability (who’s responsible) depends on factors such as who owns or controls the property where the accident happened. Talk to a personal injury attorney in San Francisco to learn more.
It depends. If a roadway, sidewalk, or other public property in a dangerous condition caused your injury, you may have grounds for a personal injury claim. Contact an experienced Bay Area attorney to learn more about your legal options.
If you were hit by a car while walking downtown, you may be entitled to compensation. An attorney can investigate the circumstances of the event and advise you on your options.
Anyone visiting San Francisco has the same legal rights as residents. California law allows you to pursue compensation if you are injured due to someone else’s negligence.
Stoll & Haynes
Stoll & Haynes, formerly Stoll Law, is a personal injury and employment law firm in San Francisco. Established in 1994, the firm represents clients in complex injury cases and workplace disputes, including automobile accidents, slips and falls, wrongful termination, and wage and hour violations.
Yes, you can talk to a personal injury or employment law attorney about your case at no cost during an initial consultation.
Call (415) 576-1500 or fill out this contact form.
You can find us at 220 Montgomery Street, Suite 411, San Francisco, CA 94104.
Ask a San Francisco Attorney About Your Case
Were you injured due to someone else’s negligence? You may be entitled to compensation.
Disclaimer: This article is for general information purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. If you need advice about your specific situation, please contact Stoll & Haynes directly.
