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Frequently Asked Questions

What is a typical injury case worth?

The total compensation available as a result of a personal injury will vary depending on the unique factors related to the specific case. Some factors include:

  • the severity of the injuries;
  • whether the injured person became fully or partially disabled;
  • whether the injured person is able to work;
  • how the injured person’s quality of life was impacted presently, and in the future.

Some recoverable damages include:

  • Medical expenses: recovery of past and future medical expenses related to the incident;
  • Lost wages: recovery of past and future loss of wages, as well as for the loss of earning capacity (the ability to continue to perform one’s job or profession);
  • Out-of-pocket household expenses incurred as a result of being injured;
  • Pain and suffering, loss of enjoyment of life, inconvenience, fear, anxiety, emotional distress, permanent disfigurement;
  • In some cases, an injured person may be entitled to punitive damages (damages designed to punish) if the at-fault party was grossly negligent or deemed to have intentionally inflicted harm.

How long does it take to get paid after I settle or win my case?

If a case is settled, an injured party can typically expect to receive payment within 10 days to a few weeks. If a case is tried to a verdict, and the injured party prevails, payment can take longer due to procedural requirements following trial. As with many aspects of a personal injury case, it just depends on the unique factors of the specific case.

What kind of legal costs can I expect?

Benchmark Injury Law works on a “contingency fee.” That means, the client is not billed per phone call, per e-mail, or by the hour for attorney’s fees. Instead, the firm earns it’s fee as a percentage only if the firm is successful in obtaining a recovery for the client.

How long does a typical injury case last?

Time varies in the legal world depending on the complexity of the case and the schedule of the courts. While many straightforward cases can be settled promptly, within weeks or months, it is not uncommon for a more complex case to take a year or more to bring to resolution.

What happens if I can’t work while my case is in process?

You may be entitled to a range of compensation sources while you are recovering from your injuries. These include health and disability insurance policies and no-penalty hardship withdrawals from qualified retirement plans. In cases of permanent disability, it is also possible to petition the Social Security Administration for supplemental social security income. You should always consult your tax adviser, or other qualified professional, as to how any of these other sources may impact your tax liability.

How long do I have to take legal action?

California has what is called a “statute of limitations” or time limit on civil actions, including personal injury cases. The type of claim dictates which particular statute of limitations applies. For most personal injury cases, the statute of limitations is two years from the date an injury occurred. This means that the injured person must either resolve (i.e., settle) the case, or must file a lawsuit before the two year mark in order to preserve the right to pursue a legal remedy. There are some exceptions to this two-year limit, and a competent personal injury lawyer can determine if any apply based on the specific factors of the case.

What makes a good personal injury attorney?

There is no “one size fits all” approach when it comes to selecting a personal injury attorney. Of course, knowledge and experience are important. So is a history of proven results. But, there are many other important factors to consider, as with the decision to hire any professional. At Benchmark Injury Law, our consultations are always free of charge, so don’t be afraid to ask questions.

We Care. We Fight. We Succeed.

Have you been injured? We can help.