FAQ

If you have suffered physical and/or emotional harm due to another party's negligence or intentional wrongdoing, you likely have grounds to pursue a personal injury claim. While this may sound simple on the surface, questions of liability and complex case law can quickly complicate things. Ultimately, the best way to find out if you have a valid case is to speak to an attorney.

Your first priority after suffering an injury is to get medical help. Once you have been treated and are in a stable condition, start collecting as much evidence as you can. Take photos of the place you were injured, get the names and contact information of any witnesses, and save any objects that may have been involved in your accident. Then, talk to an experienced personal injury lawyer from our firm right away before you speak with the insurance company. We can guard your rights and interests while you focus on your physical recovery.

In most cases, yes. In a perfect world, the person or entity responsible for your injuries would openly admit fault and their insurance company would pay you the full value of your claim without hesitation. Unfortunately, things rarely go this smoothly. Personal injury claims often involve considerable liability and large sums of money. As such, you can expect the opposition to do everything within their power to try and limit their losses, whether this involves at-fault party accusing you of causing your own injuries or the insurance company claiming that your injuries are not as severe as you claim. You need an advocate on your side who understands how this process works to protect your interests and maximize your chances of securing a favorable outcome.

There is no way to accurately predict how much you will be eligible to recover for your personal injury case without discussing your situation in depth with a lawyer. Your case's value will depend on factors such as the severity and nature of your injuries, the amount of medical treatment you require, the cause of your injuries, the amount of evidence proving the other party's liability, the amount of insurance coverage available, and the quality of your legal representation. Generally speaking, the more severe the injuries involved, the higher your eligible compensation will be.

No. California generally does not put a cap on the amount of damages you can recover in a personal injury case, with one exception. Plaintiffs are limited to a maximum of $250,000 in non-economic damages in medical malpractice cases. In all other cases, there is no cap on the amount of potential award as long as the plaintiff can present sufficient evidence of pain and suffering.

If you are looking to file a personal injury lawsuit in Modesto, you will need to act quickly to ensure you are compliant with the statute of limitations. Under California law, injured persons generally have two years from the date of the injury to file a lawsuit against those responsible, though this deadline may be extended or shortened depending on the exact circumstances. If you attempt to file a lawsuit after this deadline has passed, the court will likely dismiss your case and you will be unable to recover compensation for your injuries. Since it can sometimes take months of investigations and research to build a strong case, it is important you get an attorney involved early on to guard your rights and maximize your chances of having a successful outcome.

It depends. The vast majority of personal injury cases are resolved in the form of a settlement achieved through negotiations between the involved parties' legal representation and their respective insurance companies. With that being said, our attorneys are fully prepared to take your case to trial if there is a significant discrepancy between what the insurance company is offering and what we believe you truly deserve. You can rest assured that our attorneys will keep you informed of your case's status and advise you on whether or not pursuing litigation is appropriate for your case.

Just as there is no way to accurately predict the value of your case, each case is different and will therefore follow a different timeline. Some personal injury cases involving minor injuries can be resolved in as little as a few months, whereas more severe claims involving life-changing injuries or wrongful death can potentially take years of litigation to reach a verdict. Generally speaking, the length of time required to reach a resolution in your case will depend on the severity of your injuries, the complexity of the laws applying to your case, the level of cooperation of the involved insurance companies, and whether or not your case goes to trial.

If your case is settled out of court, its results will remain private. If you file a lawsuit and your case is decided by a judge and jury, however, the results and details will be made public record.

Yes, potentially. California follows a rule known as "pure comparative fault" which allows personal injury plaintiffs to recover damages even if they are found to be 99% at fault for their own injuries, though their potential recovery will be reduced according to their level of responsibility. For example, say you were injured in a car accident at an intersection caused by another driver who ran a red light, causing you to suffer a total of $10,000 worth of damages. At trial, the jury finds you to be 20% at fault because you were speeding at the time of the crash. Under California's pure comparative fault rules, you would be able to receive up to $8,000 in compensation (or $10,000 less 20%).

It is highly recommended you do not accept any settlement offered by the insurance company until you have had a chance to discuss your situation with an attorney from our firm. Once you accept a settlement, your case is closed and you will be unable to secure any additional compensation for your injuries, even if your long-term losses exceed your settlement amount. Our attorneys can negotiate with the insurance company for a settlement amount that fully compensates you for all damages suffered, and if necessary, take your case to trial.

Most insurance policies require you to notify your insurance agent after being involved in an accident. Beyond providing notice and offering the basic facts, you do not have to answer any additional questions or provide any sort of statement without first consulting an attorney.

The last thing you need after suffering an injury is to face expensive legal costs. At Rancaño & Rancaño, APLC, we accept personal injury cases on a contingency fee basis, meaning you will not pay for any of our services unless we are successful in recovering compensation on your behalf. Our firm will cover all upfront costs associated with your case, including court and filing fees, discovery costs, expert witnesses, and other overhead. If we win your case, our fee will be a percentage of any settlement or jury award you may receive. If we are not successful in your case, you will not pay us a dime.

Yes; with very few exceptions, all employees in California are covered by workers’ compensation, regardless of the size of the business, the number of employees, or whether you work full- or part-time. Only independent contractors may not be covered and, in such cases, the onus is on the employer to prove that a claimant is, in fact, an independent contractor.

In California, workers’ compensation insurance covers injured employees’ medical care costs, as well as temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, return-to-work supplements, and/or death benefits. For more information on the benefits you are eligible to receive, please contact Rancaño & Rancaño, APLC for a free consultation.

Yes, generally speaking, workers’ compensation covers any injury or illness you incur while carrying out any duties that benefit your employer. There are several exceptions, however. For example, if you are injured at work while intoxicated or due to a fight/altercation you started or due to your own intentional actions, your injuries are not covered. Additionally, workers’ compensation in California does not cover emotional harm, commonly known as “pain and suffering,” even if such harm is connected to a physical injury or work-related illness.

Yes, you must report the injury to your employer within 30 days. If you fail to report the injury within this timeframe, your employer may have grounds to deny workers’ compensation coverage. If you were injured at work but more than 30 days have passed and you have not reported the injury, contact us right away to learn more about your potential options.

If your claim was denied, it is possible to appeal the decision by filing an application for adjudication of claim. If you have received a claim denial letter, we strongly recommend that you work with an experienced lawyer at our firm. We can help you take on your employer and/or their insurance provider so that you can focus on getting the critical medical care you need.