Personal Injury FAQ — California & Guam Injury Law Questions

Generally 2 years from the date of injury (CCP § 335.1). For government entities, 6 months. Missing these deadlines can bar your claim. A late-claim application may be available in limited circumstances within one year under Gov. Code section 911.4 -- speak with an attorney immediately.

2 years from the date of injury (7 G.C.A. § 11306(a)). Defense Base Act claims have different deadlines.

Case value depends on medical bills, lost wages, pain and suffering, liability, and insurance coverage. Use our free Case Worth Calculator for an estimate.

You pay nothing upfront. Attorney fees are only collected if we win. No win, no fee.

California follows pure comparative negligence — you can recover even if partly at fault, but your recovery is reduced by your percentage of fault.

1) Seek medical attention immediately — even if you feel fine, many serious injuries have delayed symptoms. 2) Call police and get a report number. 3) Document the scene with photos and video. 4) Get witness names and phone numbers. 5) Do not admit fault or give a recorded statement to any insurance company. 6) Contact HellaHurt for a free case check.

Even minor accidents can result in significant injuries that appear days later — including traumatic brain injuries, herniated discs, and soft tissue damage. An attorney ensures you document everything properly and don't settle for less than your claim is worth. Free consultations are available — call 888-693-5777.

Simple cases with clear liability and minor injuries settle in 3–6 months. Cases with moderate injuries typically resolve in 6–18 months. Complex cases with serious injuries, disputed liability, or multiple parties can take 1–3 years. Cases that go to trial take longer. Our free Settlement Strategy Simulator can give you a timeline estimate.

Almost never. The first offer from an insurance company is typically far below the true value of your claim. Insurance adjusters are trained to settle cases quickly and cheaply. Before accepting any offer, use our free Insurance Offer Evaluator or consult with a HellaHurt attorney.

2 years from the date of the accident (CCP § 335.1). If a government vehicle or employee caused the accident, you must file a government tort claim within 6 months. If the injured person is a minor, the 2-year clock generally starts on their 18th birthday.

2 years from the date of injury. If the fall occurred on government property (a city sidewalk, school, public building), you must file a government tort claim within 6 months of the incident.

Submit a written claim to the government agency's clerk within 6 months of the injury. The claim must include your name, address, date and location of the incident, a description of the injury, and the amount of damages. The agency has 45 days to accept or reject the claim. If rejected, you have 6 months to file suit.

California's pure comparative fault rule (Civil Code § 1714) means your damages are reduced by your percentage of fault — but you can still recover even if you were 99% at fault. For example, if you were 30% at fault and your damages are $100,000, you recover $70,000. Insurance companies use this rule to reduce payouts, so having an attorney negotiate on your behalf is critical.

Key factors include: (1) severity of injuries — more serious injuries require reaching maximum medical improvement before settling; (2) liability disputes — contested fault extends timelines; (3) number of parties — multi-vehicle cases take longer; (4) insurance coverage limits — policy limit cases often settle faster; (5) litigation — cases that go to trial add 1–2 years. Most soft-tissue injury cases settle in 3–9 months; serious injury cases typically take 12–36 months.

A demand letter is a formal written request to the at-fault party's insurer outlining your injuries, damages, and the amount you're seeking. It's typically sent after you've completed medical treatment. The insurer then has 15 days to acknowledge receipt and 40 days to accept or deny the claim under California Insurance Code § 790.03.

Generally no. Personal injury settlements include a release of all claims — past, present, and future — related to the accident. Once you sign a release and accept payment, you cannot seek additional compensation, even if your injuries worsen. This is why it's critical not to settle until you've reached maximum medical improvement.

California requires drivers to carry uninsured motorist (UM) coverage. If you have UM coverage on your own policy, you can make a claim against your own insurance. California also has the California Automobile Assigned Risk Plan for uninsured drivers. HellaHurt can help you navigate all available coverage options.

Yes. In California, you can file a lawsuit against the at-fault driver directly, regardless of whether they have insurance. Insurance companies typically defend their policyholders and pay judgments up to policy limits. If damages exceed policy limits, you may be able to collect from the driver personally.

If a government entity — city, county, state, or federal agency — caused your injury, you must file a government tort claim before suing. In California, the deadline is 6 months from the date of injury. In Guam, it's 18 months (5 GCA § 6106). Missing this deadline can bar your claim (a late-claim application under Gov. Code section 911.4 may be available within one year) against the government entity.