Young woman is discussing her personal injury claim with an attorney.

Personal Injury FAQ

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Legally Reviewed By
Vincent J. Bartolotta, Jr.

Answers to Common Questions Regarding Personal Injury Claims

Most people who approach a law firm about the possibility of filing a personal injury claim know very little about the claims process or what to expect. Many of them are meeting a lawyer for the first time and sometimes feel anxious about dealing with the legal system.

At Thorsnes Bartolotta McGuire, we have served the San Diego community for two generations, we know the questions people have about the claims process. Listed below are answers to some of the questions we hear most often.

Is There a Deadline for Filing a Personal Injury Claim?

In the state of California, most injury claims fall under a two-year statute of limitations. This means that you have only two years from the day of the accident to file a claim. After that you give up your rights to pursue compensation for your injuries.

How Much Does It Cost to File a Claim?

We take personal injury cases on a contingency fee basis. That means that we only get paid if we win the case for you. There are no upfront or out-of-pocket costs. We are paid based on a percentage of the final settlement. If we do not win your case, you pay nothing.

How Long Does the Case Take?

Every case is different and the amount of time it takes to settle a claim depends on the specific circumstances surrounding your claim. The primary factors are the complexity of your claim, your injuries and how many parties are involved. If the insurance company digs in its heels and the case goes to court, it can drag on for years.

What Is My Personal Injury Claim Worth?

The size of your settlement depends on the extent of your injuries, the expenses related to your injuries and the court’s determination of how much you may or may not be at fault for the accident (your comparative fault).

What Is Comparative Fault and How Does It Work?

California’s comparative fault system is a way of determining how much each person involved in the accident was to blame. If you are found to be partially at fault, your settlement is reduced by the percentage determined by the court. For example, if the court determines that you are 10 percent responsible for the accident that caused your injuries, the final settlement is reduced by 10 percent.

Will My Case Go to Court?

It is almost always better to settle claims out of court. Trials are expensive and time-consuming with no guarantee of a verdict in your favor. Our personal injury attorneys always attempt to negotiate a settlement with the insurance company first, but we are always prepared to go to trial if it is in your best interest to do so.

Contact Thorsnes Bartolotta McGuire Today

If you are considering filing a personal injury claim, contact us today for free initial consultation. Fill out our online contact form or call us at 619-236-9363. We are dedicated to making your life better.

FAQs

What Our Clients are Saying

“Working with the team at Thorsnes Bartolotta McGuire was a fantastic experience during a challenging time. I am so grateful for their professionalism, patience, persistence, and follow-through. While I hope I am never in need of a lawyer again for the rest of my life, I would definitely recommend this firm to anyone in need and would use them again, no questions asked. Thank you!!”

Alicia C.

“I can say both me and my mother loved working with them. They made the process very simple for us from the beginning to the end. They strive to get the best result and really fight for your case. I never expected I could get the return I did. I would definitely recommend them, they’re very friendly, patient, and hard working. Thank you guys very much! 🙏🏽”

Adam

Vince, Karen and the entire TBM team were beyond what my family could have ever hoped for. They didn’t need to take on our case but did and fought as hard for us “little guys” as they would a bigger client.



It was incredible to watch true professionals fight for our family and what was right. They brought us in, treated us like family and stood by us the entire way. 10/10 would recommend Vince, Karen and their team any day of the week.”

Greg C.

“If only I could give Thorsnes Bartolotta McGuire 1,000 stars, I would! I was part of a medical malpractice suit against a very unscrupulous physician. TBM did an outstanding job representing us. They are professional, friendly and approachable. I had many questions, but they were always there for me and responded to my messages promptly. I HIGHLY recommend this firm!”

Lily W.

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