Personal Injury FAQs
Answers to Pressing Questions to Help You Move Forward with Confidence After an Injury
General Personal Injury FAQs
When you’ve been injured in an accident, you’re suddenly faced with a lot of uncertainty. You are likely dealing with a painful injury, time missed from work, mounting medical bills, and more. It’s natural to have questions about what to do next or even to know whether you have a case and what to expect from the legal process. At Kosnett Law Firm, we’re here to help.
Below are answers to some of the most frequently asked questions our Los Angeles personal injury attorneys receive from injury victims in L.A. and our many other offices throughout California. If your specific questions aren’t answered here, or if you need immediate help with a personal injury claim, contact us now for a free consultation — we’re happy to provide the information and guidance you need.
Will I Have to Go to Court?
Not necessarily. In fact, most personal injury cases are resolved outside of court through a negotiated settlement. At Kosnett Law Firm, we prepare every case as if it’s going to trial because that’s the best way to get strong results — even in settlement negotiations. But we also know that many clients prefer to avoid court if possible.
If the insurance company makes a fair offer and you’re satisfied with the terms, there’s no need to go to court. However, if the insurer refuses to offer what your case is truly worth, we won’t hesitate to take the case to trial and fight for you in front of a judge or jury. The final decision is always yours — and we’ll guide you through each option every step of the way, making sure you know what to expect and are well-prepared for the process.
Do I Need a Lawyer If the Other Side Admits Fault?
Yes. Even if the other party admits they were at fault, that doesn’t mean the insurance company will pay you what you deserve. Liability is only part of the battle — you also need to prove the extent of your damages, including medical costs, lost income, pain and suffering, and more.
Insurance companies often admit fault when it’s obvious but then argue that your injuries aren’t serious, weren’t caused by the accident, or don’t justify the amount you’re claiming. Without a lawyer, you risk accepting a settlement that’s far too low — or missing out on compensation entirely. Having legal representation ensures your claim is taken seriously and that you have someone on your side who knows how to get results.
How Long Will My Case Take?
The timeline for a personal injury case depends on many factors, including how complex the facts are, how seriously you were injured, how willing the insurance company is to negotiate, and whether the case goes to trial. One key milestone occurs when your doctor says you have reached maximum medical improvement. At that point, we can realistically calculate the past, present, and future medical expenses you are likely to incur and require compensation for.
Some straightforward cases may settle within a few months. Others — especially those involving serious injuries or disputed liability — can take a year or more. While we always work to resolve your case as efficiently as possible, we don’t rush to settle just to close the file. Our goal is to get the best possible outcome for you, and that means taking the time to fully understand your injuries, build a strong case, and push for the compensation you deserve.
How Do I Choose a Personal Injury Lawyer?
Choosing the right lawyer can make all the difference in your case. Look for someone with experience handling your type of claim, whether it’s a car accident, a slip and fall, or something more complex like a trucking or rideshare incident. A good personal injury lawyer will have a record of successful results (although some settlements may be confidential), strong negotiation skills, and the willingness to take a case to trial if needed.
You should also feel comfortable with your lawyer. At Kosnett Law Firm, we offer personal attention from start to finish. We take the time to understand your goals, answer your questions, and keep you informed throughout the process. You won’t be passed off to an assistant or feel like just another case file — we treat every client like family, because that’s what you deserve.
How Much Is My Case Worth?
Every personal injury case is unique, and there’s no one-size-fits-all answer to this question. The value of your claim depends on a number of factors, including:
- The severity and permanence of your injuries
- Your current and future medical expenses
- Lost wages and loss of earning capacity
- The impact on your daily life and ability to work
- Emotional distress, pain and suffering, and loss of enjoyment or quality of life
- The strength of the evidence and whether liability is clear
- Whether the defendant’s conduct was particularly reckless or egregious
During your free consultation, we’ll evaluate your case and help you understand the potential value based on your specific circumstances. We never make promises we can’t keep, but we do promise to fight for the full and fair compensation you’re entitled to.
What Does It Cost to Hire Kosnett Law Firm?
At Kosnett Law Firm, we work on a contingency fee basis. That means you pay nothing upfront and no out-of-pocket costs while your case is ongoing. Our fee is a percentage of the recovery we obtain for you — if we don’t win, you don’t pay.
This arrangement ensures that everyone has access to high-quality legal representation, regardless of their financial situation. We also offer free, confidential consultations, so you can get answers and explore your options without any risk or pressure.
What Happens If I Lose My Case?
If we are unable to recover compensation for you, you don’t owe us anything. We only get paid if we successfully resolve your case through a settlement or trial verdict. This “no win, no fee” structure is part of our commitment to putting clients first.
We take the cases we believe in — and we believe in doing everything possible to secure the justice and compensation our clients deserve. If we don’t think you have a strong case, we’ll tell you upfront. But if we move forward, it’s because we believe we can make a difference in your recovery.
If the other person admitted fault, can I use that to my benefit?
If the other person admitted fault in the accident, you can use that as evidence to support your personal injury claim. The admission of fault can help establish liability.
What happens if I am partially at fault for the injury?
If you were partially at fault for the injury, it may still be possible to recover compensation for your damages. California follows a comparative fault system, which means that your compensation award may be reduced by the percentage of fault assigned to you, but you aren’t prevented from bringing a claim, even if you are more than 50% to blame.
How long after an accident do I have to seek medical treatment?
In California, there is no specific time limit for seeking medical treatment. It is important to seek medical treatment as soon as possible after an accident, even if you do not feel any pain or discomfort right away. Delaying medical treatment can not only harm your health, but it can also weaken your personal injury claim.
If my accident was minor, should I still hire a Los Angeles personal injury lawyer to assist with my case?
Even if your accident was minor, it is still a good idea to consult with a Los Angeles personal injury lawyer. A lawyer can advise you on your legal rights and options and help you determine if you are entitled to compensation for your injuries, even in cases that appear minor at first glance. Kosnett Law Firm offers free consultations, so you have nothing to lose by calling us… and potentially a lot to lose if you don’t.
Do I still have a case if I forgot to file a police report?
If you forgot to file a police report after your accident in California, it may still be possible to pursue a personal injury claim. However, it can be more difficult to prove your case without a police report, and the lack of a report could be used against you by the insurance company or the other party. It is always best to file a police report as soon as possible after an accident to protect your legal rights.
What evidence should I collect at the scene of the accident?
After an accident, it is important to collect as much evidence as possible to support your claim. This can include taking photos of the scene of the accident and any damage to vehicles or property, getting contact information for any witnesses, and seeking medical attention for any injuries you sustained. It is also important to keep track of any expenses related to the accident, such as medical bills and lost wages.
If I have a pre-existing condition, can I still receive compensation for my injuries?
Yes, you can still receive compensation for your injuries even if you have a pre-existing condition. However, the compensation amount may be affected by the pre-existing condition, and it can depend on various factors such as the severity of the pre-existing condition and how it relates to the current injury. For example, if your condition was worsened by the accident, that is harm you suffered that you would not have experienced without the other party’s negligence.
Should I accept the settlement that my insurance company is offering me?
It is recommended that you consult with an attorney before accepting a settlement offer from the insurance company. An attorney can review the offer and advise you on whether it is fair and reasonable based on your specific situation. As a general rule, offers made to people who don’t have a lawyer are less than what a lawyer could recover for them.
What will my attorney need from me?
Your personal injury attorney may need various information and documents from you, such as medical records, police reports, witness statements, and any other evidence related to your case. It is important to provide your attorney with all the information and documentation they need to build a strong case on your behalf. They will also need you to follow medical advice and keep them informed of any changes in your condition, communications from insurance companies or other parties, and other information related to your case.
How long does it take for my compensation to be paid?
Once your case settles, you can expect to receive payment within a few weeks or even a couple of months. The insurance company will have to process your payment, and it may take time to collect outstanding medical bills and other receipts that may be needed. If a legal case has been filed, your lawyer will have to go to court to have the settlement approved and get the case dismissed. Rest assured we will work diligently to complete the process quickly and get you the compensation you need and deserve.
Car Accidents FAQs
What should I do if I’m in a car accident in California?
If you’re in a car accident in California, you should first make sure everyone is okay and call 911 if anyone is injured. Then, exchange contact and insurance information with the other driver(s) involved, and take photos of the scene if possible. Finally, report the accident to your insurance company.
Do I need to report a car accident in California?
Yes, you are required to report a car accident in California if anyone is injured or killed, or if there is more than $1,000 in damage to any vehicle or property.
How long do I have to file a car accident claim in California?
In California, you generally have two years from the date of the accident to file a personal injury or property damage claim.
What if the other driver doesn’t have insurance in California?
If the other driver doesn’t have insurance in California, you can file a claim with your own insurance company if you have uninsured motorist coverage. You may also be able to sue the other driver for damages, but recovery may depend on the individual’s assets and ability to pay.
Will my car insurance rates go up after a car accident in California?
It depends on the circumstances of the accident and your insurance policy. If you were at fault for the accident, your rates may go up. If you were not at fault, your rates may not be affected, or they may even go down if you qualify for certain discounts.
Can I still file a claim if the other driver denies fault in California?
Yes, you can still file a claim with your own insurance company, who may then pursue a claim against the other driver’s insurance company. If the other driver denies fault and you disagree, you may also want to hire a personal injury attorney to help you navigate the claims process.
Can I recover damages for pain and suffering after a car accident in California?
Yes, you may be able to recover damages for pain and suffering after a car accident in California. However, the amount of damages will depend on the severity of your injuries and other factors.
What if the other driver was driving under the influence in California?
If the other driver was driving under the influence in California, they may face criminal charges in addition to civil liability for any damages or injuries they caused. You may also be entitled to punitive damages, which are meant to punish the other driver for their reckless behavior.
What if the other driver leaves the scene of the accident in California?
If the other driver leaves the scene of the accident in California, you should try to get their license plate number and any other identifying information if possible. Then, report the hit-and-run to the police and your insurance company. You may also want to hire a personal injury attorney to help you pursue compensation.
Can I still file a car accident claim if I was partially at fault in California?
Yes, you can still file a car accident claim in California even if you were partially at fault. However, your recovery may be reduced by the percentage of fault assigned to you. For example, if you were found to be 25% at fault, your recovery may be reduced by 25%.
Have More Questions? Contact Us Today
Dealing with a personal injury and the legal claims process can feel overwhelming, but you don’t have to do it alone. Whether you were injured in a car crash, a slip and fall, or another type of accident, Kosnett Law Firm is here to help. We take pride in delivering honest answers, compassionate service, and aggressive legal representation — and we’re ready to fight for you.
Call now or reach out online to schedule your free case evaluation. We’re available to answer your questions, review your claim, and help you move forward with confidence.
