Frequently Asked Questions

For those considering a personal injury case in California, perhaps nothing is more important than the support of an experienced and reliable attorney. Lawyers help their clients seek compensation for the physical, financial, and emotional losses suffered following a negligence-related accident or incident.

Personal injury attorneys Tyrone Maho and Chad Prentice offer over 40 years of combined experience helping the people of southern California. With office locations in Santa Barbara and Oxnard, their services are easily accessible to anyone throughout Ventura County, Santa Barbara County, Los Angeles County, Orange County, and San Luis Obispo County.

Below are the answers to some frequently asked questions about personal injury:

• Is my injury a personal injury?
• What is negligence?
• Who can file a personal injury lawsuit?
• How long do I have to file a personal injury lawsuit in California?
• Will my case go to trial?
• How much is my case worth?
• Should I talk to an insurance adjustor following my California auto accident?
• Do I need a personal injury lawyer?

Is my injury a personal injury?
If you suffered any undue harm (including physical injury, property damage, unwarranted financial losses, or emotional strife) due to the negligent action or inaction of another person or party, you may have grounds for a personal injury lawsuit in California. Typical causes and types of personal injuries include the following:

• Auto accidents
• Medical malpractice
• Defective products
• Premises liability (slip-and-fall, dog bites)
• Wrongful death
• Non-physical injuries such as libel, slander, and psychological injury 

What is negligence?
Negligence is the determining factor in all personal injury cases. In order to prove negligence, the person filing the claim must demonstrate the following:

• That he or she was owed a service or duty, or expected a certain standard of care
• That this duty was violated or breached
• That the breach led to physical injury or other harm
• That the injury caused real damages and/or losses for the claimant 

Who can file a personal injury lawsuit?
The person or people affected by a personal injury may file a claim. If the individual who suffered injury is unable to file a lawsuit on his or her own, as well as in cases of wrongful death, family members such as children, parents, and even grandparents may file on behalf of the injured individual.

How long do I have to file a personal injury lawsuit in California?
In Lompoc, Santa Maria, Thousand Oaks, Oxnard, throughout Santa Barbara County and Ventura County, and all areas of California, a statute of limitations regulates the length of time you have to file a claim. For most personal injury matters, a person or relative has two years from the date of injury (or date of wrongful death) in which to initiate a case. Exceptions include medical malpractice cases, which allow three years, and cases involving minors, which allow two years from the time the minor turns 18 years old. Also, claims against a governmental entity, even those affecting minors, must be brought within six months.

For any issue involving a statute of limitations, the most important step is consulting a reliable attorney right away.

Will my case go to trial?
Many of those who consider filing personal injury cases dread a long, drawn-out trial that costs significant time and money. In fact, 95 percent of cases never reach trial, and instead arrive at a settlement coordinated with the help of attorneys.

How much is my case worth?
A number of factors affect the value of a case, or the amount of compensation for which the claimant is eligible. These include the following:

Should I talk to an insurance adjustor following my California auto accident?
After auto accidents, insurance adjustors often visit crash sites and ask those involved to provide their accounts of the accident. In fact, they are trying to gain information that will allow them to limit their own losses. Never, under any circumstances, give recorded depositions or signed statements to insurance adjustors without first consulting your lawyer.

Do I need a personal injury lawyer?
Although individuals may represent themselves in personal injury cases, only an experienced attorney can offer the support and professional resources that make the difference in achieving a positive outcome.

Contact Maho & Prentice Today

Contact the experienced team at Maho & Prentice LLP at 805-618-1367 or online for more information and a free consultation.