Frequently Asked Questions

A: If you were injured and someone else was careless or violated safety rules, you may have a claim. We assess fault, injuries, medical proof, and available insurance. Call Abronson Law Offices today for your free evaluation.

A: Negotiating directly with an insurance company is difficult. Adjusters are professionals trained to minimize payouts, while most accident victims only face this situation once in a lifetime. Although you are not required to hire a lawyer, having legal representation often results in a significantly better recovery.

A: Abronson Law Offices is based in San Jose, serving Santa Clara County, the Bay Area, and clients all over California through secure virtual representation.

A: · End the call courteously.
   ·Decline to be recorded.
   ·Avoid signing medical authorizations from the other insurer early in the process.
   ·Contact an attorney.

A: According to the IRS, most personal injury settlements are not taxable. However, the portion of a settlement allocated to lost wages or earnings may be subject to taxation.

A: You can request a copy directly from the local police department or through your attorney. A small processing fee usually applies.

A: Nothing up front. We work on a contingency fee. If there’s no recovery, you owe no attorney’s fee.

A: It is important to seek medical care as soon as possible, prompt treatment protects both your health and your case.

A: Minor claims can resolve in a few months once treatment finishes. Serious injuries and litigated matters can take two years or more. No matter how long a case takes, Abronson Law Offices is committed to moving your case forward at each opportunity and keeping open and clear communication so you know exactly what is happening with your case at all times.

A: Most personal injury cases settle before trial, over 90% resolve outside the courtroom. That said, our attorneys prepare every case as if it will go to trial, ensuring we are ready if litigation becomes necessary.

A: If possible, have your private or public insurance cover your treatment. Some doctors may agree to treat you on a lien, meaning payment is deferred until settlement. Insurance providers such as Medicaid, Medicare, or private carriers may seek reimbursement when your case resolves, but they often accept reduced amounts.

A: Yes, lost income can be recovered if you can show proof of earnings. Employees typically provide paystubs or employer letters. Self-employed individuals should maintain thorough records to support their claims.

A: Under California law, you may still recover compensation for medical bills and lost income, but you will not be eligible for pain, suffering, or emotional distress damages.

A: Any decision made by an insurance adjustor is not final. We independently investigate every crash and work with accident reconstruction experts when necessary. If a case does not settle only the jury or judge gets to decide who is at fault.

A: Yes. Civil liability is separate from criminal charges. We can pursue compensation regardless of whether the responsible party was arrested or convicted.

A: Yes. California follows comparative negligence. Your compensation may be reduced, but you can still recover for the portion not caused by your actions.

A: Insurers (and juries) look at medical bills, future care, wage loss/loss of earning capacity, out-of-pocket costs, pain, suffering, and how the injury changed your daily life. The value may be adjusted if there are issues with your case regarding liability or causation.

A: That’s common with soft-tissue and some head or spine injuries. Get evaluated promptly. Gaps in care create openings for insurers to argue the injury came from somewhere else.

A: Yes. Even if you fully heal you are still entitled to the time lost, pain endured, and costs incurred still matter. You’re entitled to compensation for what you went through.

A: A delay does not destroy your case, but it may give the insurance company a reason to challenge the seriousness or cause of your injuries. We work with your doctors to clearly connect your treatment to the incident and counter any attempts to downplay your injuries.

A: Sometimes. When possible it is usually best to wait until treatment is complete before settling your claim. Because you can only settle your claim one time you want to know the full extent of your injuries before doing so. Where there is permanent injury, we work with your doctors and life care planners to estimate the full scope of future treatment so your case reflects long-term needs.

A: It can. We build claims that include future medical costs, equipment replacement, caregiver expenses, and lost income through retirement age.

A: Absolutely. PTSD, anxiety, depression, and fear of public spaces are all compensable in civil claims and often a major part of recovery.

A: Absolutely. Permanent scars can be a major part of claims, especially in children or victims who require further treatment to reduce scarring.

A: No. Many cases involve long-term physical therapy or non-surgical treatment. However, if surgery is required, we make sure it’s factored into the claim value.

A: Pre-existing conditions don’t disqualify you. If the accident made your condition worse or accelerated the need for treatment, you’re still entitled to compensation under California law.

A: Pre-existing conditions do not disqualify you. If the accident caused an injury that otherwise wouldn’t have occurred or exacerbated a preexisting condition, you still have a valid claim.

A: Always speak to a lawyer first. Early settlement offers are often far below the long-term cost of your recovery and once you accept, you can’t ask for more later.

A: Most cases settle but we prepare every case as if it might go to trial. Our trial readiness helps us negotiate from a position of strength.

A: Yes. While workers’ comp may cover medical care, you may also have a separate third-party claim if another entity (equipment manufacturer, subcontractor, etc.) caused your injury.

A: You can still recover compensation if the accident made your condition worse. This is called an “exacerbation” claim and we’ve handled many successfully.

A: That’s common. Back pain can emerge days or even weeks after an incident. Delayed reporting does not bar you from making a claim but it makes legal help critical.

A: Symptoms may include sharp pain, loss of mobility, numbness, or tingling. X-rays, CT scans, or MRIs confirm the diagnosis. Any post-accident back pain should be evaluated by a doctor.

A: Delayed diagnosis is common with stable fractures. If it worsens or becomes unstable, we include medical negligence or additional damages in your claim.

A: No. Some stable fractures heal with bracing and therapy. However, unstable or worsening fractures may require fusion, hardware, or future revision surgery.

A: That’s common. Back pain can emerge days or even weeks after an incident. Delayed reporting does not bar you from making a claim but it makes legal help critical.

A: Not always. TBIs often develop over hours or days as the brain swells or bleeding worsens. That’s why early medical evaluation and continued monitoring are essential.

A: You don’t have to. Many TBIs come from the brain moving inside the skull due to whiplash or sudden force. Even without a direct impact, you may still have a serious brain injury.

A: Possibly, TBIs can be more complex to diagnose, treat, and prove, these cases sometimes require more documentation and expert input. However, we handle that so you can focus on healing.

A: That doesn’t mean you’re fine. Many TBIs, especially those involving memory loss, mood changes, or cognitive dysfunction, require specialized neuropsychological testing to detect. We will help you get the right assessments.

A: Yes. Many joint injuries, including ligament tears and cartilage damage, develop over time or after inflammation sets in. Early symptoms may seem like soreness or a strain but the real issue may surface later.

A: It depends on the bone, severity, and your age. Some fractures heal in weeks; others take months or longer. If complications arise, full recovery may not be possible.

A: Pre-existing conditions do not disqualify you. If the accident caused a break that otherwise wouldn’t have occurred, you still have a valid claim.

A: Burn litigation is not harder if handled correctly. Burns can be catastrophic, but also clearly visible and measurable. The key is proving negligence and documenting long-term impact, which we do thoroughly.

A: Yes, depending on the situation. Some cases are workers’ comp only, but others can involve third-party liability (e.g., defective tools, subcontractor errors, or OSHA violations).

A: We work with burn specialists to track progression. If future surgeries or complications are likely, we include them in your claim from the beginning.

A: Yes. Burn injuries in children are particularly serious and emotionally devastating. We help ensure your child’s needs are protected now and in the future.

A: Yes. Under California law, dog owners are strictly liable for bites, even if the dog had no known history of aggression.

A: You may still have a case. Property owners, landlords, and renters can all be liable depending on the circumstances. We’ll investigate all available avenues.

A: Absolutely. Permanent scars and psychological trauma are major parts of dog bite claims, especially in children or victims who require therapy or surgery.

A: Yes. Many assault injury claims are brought against third parties who failed to prevent foreseeable violence, such as businesses or employers.

A: You can still bring a civil case. Civil liability uses a different standard of proof and does not require a criminal conviction.

A: Your privacy matters. We handle all cases with sensitivity and can use initials or sealing methods when appropriate.

A: A complete injury means total loss of function below the injury site. Incomplete means some movement or sensation remains. Both can be life-altering.

A: Any neck pain after an accident should be evaluated by a medical provider. Numbness, radiating pain, weakness, or loss of motion are signs of possible disc or nerve damage.

A: That doesn’t disqualify you. If the accident worsened your condition or triggered new symptoms, you’re still entitled to compensation.

A: Yes. Many neck injuries require therapy, injections, or long-term medication instead of surgery. These still count as compensable damages.

A: In most cases, the driver who caused the collision is liable. However, responsibility can also fall on a property owner (for a dangerous condition), a business (if the driver was working), or even a product manufacturer (in cases involving defective bike components or e-bike batteries).

A: Sometimes, yes. E-bikes can raise unique legal questions, especially if the insurer tries to classify your e-bike as a “motorized vehicle.” The class of your e-bike (Class 1, 2, or 3) and how the crash happened both matter.

A: Potentially liable parties include the bus driver, the transit company, a school district, a third-party maintenance contractor, a government agency, and sometimes another vehicle’s driver.

A: Yes, but government claims in California must follow special rules. You generally have only six months from the date of injury to file a notice of claim against a public entity like a city or county.

A: You may still have a case. Bus companies are held to a high standard of care, and sudden stops, hard turns, or unsafe boarding conditions can cause serious injury even without a crash.

A: You can file a claim like any other pedestrian or cyclist accident case but make sure to be aware of the 6 month deadline to file your claim.

A: You can still pursue a claim even if no official police report was filed. While a report can help document the scene and support your version of events, it is not required to move forward. Many cases involve no formal police report, especially in situations where injuries were not immediately obvious or the police were not called to the scene.

A: If the at-fault driver can’t be identified, we can pursue compensation through your own uninsured motorist (UM) coverage, if you have it.

A: You still have a valid auto claim. Whether you were a passenger in a friend’s car, a family member’s vehicle, or a rideshare, you have the right to recover compensation if you were injured due to someone’s negligence.

A: Each injured passenger has the right to file a claim for their own injuries. Depending on who was at fault, they may be able to recover compensation from the at-fault driver, the vehicle owner’s insurance, or their own policy.

A: Rideshare accidents can involve complex insurance questions. Whether the Uber or Lyft driver was at fault, or another vehicle caused the crash, we identify the proper insurance coverage for your injury claim.

A: Maybe. Not wearing a seatbelt may impact your claim but it doesn’t automatically disqualify you. California uses a comparative negligence system, meaning you can still recover damages even if you share some of the fault.

A: You may be able to file a claim under your uninsured/underinsured motorist (UM/UIM) coverage. We’ll review your policy and pursue all available options.

A: Uninsured motorist (UM) and underinsured motorist (UIM) coverage protects you when the at-fault driver has no insurance or not enough to cover your losses. This coverage is critical in California, where many drivers carry only the legal minimums.

A: Yes. California requires accidents involving injury or $1,000+ in damage to be reported to the DMV.

A: That is unfortunately common and not a valid excuse. Drivers have a legal duty to watch for all road users, including motorcycles.

A: Maybe. Not wearing a helmet may impact your claim, especially in head injury cases, but it does not automatically disqualify you. California uses a comparative negligence system, meaning you can still recover damages even if you share some of the fault.

A: Truck cases involve larger vehicles, more serious injuries, and more layers of liability. The trucking industry is heavily regulated, and critical evidence (like driver logs, black box data, or maintenance records) may only be available for a short time.

A: Potentially liable parties include the driver, their employer, a freight or logistics company, a maintenance crew, or a parts manufacturer.

A: Do not give a statement or sign anything without talking to a lawyer. Trucking companies act quickly after a crash to protect themselves and anything you say could be used to minimize your claim.

A: You can still pursue a claim. Liability may extend to both the subcontractor and the company that hired them.

A: You still have a valid claim.

A: That is unfortunately common and not a valid excuse. Drivers have a legal duty to watch for all road users, including motorcycles.

A: Liability can fall on the driver, their employer, the vehicle owner, the company that loaded the truck, or even the municipality (in the case of city trucks).

A: If the truck was operated by a government entity, your case must follow California’s special rules for public claims. You may have as little as six months to act.

A: No. California law requires drivers to exercise caution around all pedestrians, even those not in crosswalks. Liability can still exist if a driver failed to slow down or was distracted.

A: Even if you were partially at fault (e.g., jaywalking), California’s comparative negligence law still allows you to recover damages, though your compensation may be reduced based on your share of fault.

A: Yes. Drivers in parking lots must drive slowly and yield to foot traffic.

A: Hit-and-run drivers are, unfortunately, common. If the driver can’t be found, we may be able to pursue a UM (Uninsured Motorist) claim through your auto or homeowner policy, if available.

A: Surviving family members may be able to file a wrongful death claim, which can include funeral costs, loss of financial support, loss of companionship, and more.

A: Document the scene with photos if your physical condition allows. Otherwise, get medical care, report the injury to the property owner or manager, and contact an attorney as soon as you’re able. Do not give a statement to their insurance company without legal advice.

A: Potentially. Businesses have a duty to keep public spaces safe. That includes cleaning spills, repairing flooring, and placing warning signs. If they failed to act reasonably and you were injured, you may have a claim.

A: Insurance companies often try to blame the victim. California’s comparative fault system allows you to recover damages even if you were partially at fault, your compensation may simply be reduced by your share of responsibility.

A: Yes, but public entity claims (e.g., city parks, government buildings) follow strict procedures. You may only have six months to file a claim. We can handle these deadlines for you.

A: That is common, and it is not a defense. We act quickly to collect witness testimony, surveillance footage, or cleanup logs to preserve proof that the condition existed when you were hurt.

A: If a property owner knew about prior incidents of violence and failed to provide reasonable security, they may be liable. This often applies to apartment complexes, hotels, parking garages, and other public spaces.

A: No. The California’s Tort Claims Act limits how and when claims can be made against government entities. You must file a claim within six months of the incident to preserve your right to sue. There are other requirements, reach out to talk with us about government claims.

A: If the hazard was known but not fixed, or should have been known, you may have a claim against the city or county responsible.

A: That is common, but it does not negate your claim. We collect evidence promptly (photos, witness statements, maintenance logs) to prove the hazard existed at the time of injury.

A: Document the scene with photos if your physical condition allows. Otherwise, get medical care, report the injury to the property owner or manager, and contact an attorney as soon as you’re able. Do not give a statement to their insurance company without legal advice.

A: You don’t have to see it. The law focuses on whether the property owner knew or should have known about the hazard and failed to fix or warn about it.

A: California law limits this to specific close relatives, such as:
   · Spouse or registered domestic partner
   · Children
   · Dependent stepchildren or minors
   · Parents (if dependent)
   · If no dependents exist, claims may pass to other family members based on the laws of intestate succession.

A: In most cases, the statute of limitations is two years from the date of death. If a government entity is involved, a claim must be filed within six months. It’s critical to act quickly so your rights are preserved.

A: Yes. Eligible family members may be represented jointly, depending on the situation.

A: Losses aren’t limited to wages. You can still claim compensation for household services, childcare, emotional support, and the unique contributions your loved one made to your life.

A: Yes. A civil claim can move forward even if a criminal case is pending or has been resolved. Civil cases focus on compensation, not punishment.

A: Yes. You may have a third-party claim if someone other than your employer contributed to your injury. These claims allow you to seek damages that workers’ comp does not cover such as pain and suffering.

A: Pedestrians and non-employees injured due to poor signage, falling debris, or hazardous conditions can file personal injury claims against the construction company or property owner.

A: Often. OSHA violations can be strong evidence of negligence.

A: Liability can extend to property owners, general contractors, subcontractors, engineers, equipment manufacturers, and more.

A: You may have a product liability claim against the equipment manufacturer or distributor. We will investigate all potential causes.

A: You have the right to report unsafe conditions and to seek medical treatment.

A: Yes. You may have a third-party claim if someone other than your employer contributed to your injury. These claims allow you to seek damages that workers’ comp does not cover such as pain and suffering.

A: You don’t need to be an employee to have a claim. If poor signage, equipment failure, or unsafe conditions caused your injury while on-site, you may be entitled to full compensation.

A: Often. OSHA violations can be strong evidence of negligence.

A: Liability can extend to property owners, general contractors, subcontractors, engineers, equipment manufacturers, and more.

A: You may have a product liability claim against the equipment manufacturer or distributor. We will investigate all potential causes.

A: You have the right to report unsafe conditions and to seek medical treatment.

A: Under California Code of Civil Procedure § 340.6, you must file a legal malpractice claim within one year of discovering the malpractice, or within four years of the actual misconduct, whichever comes first. However, the statute may be tolled (paused) while the attorney continues representing you in the same matter. This statute is not straightforward in its application. We highly recommend that you discuss your claim with an experienced legal malpractice attorney.

A: Yes, but this may not be an optimal strategy. Consult a legal malpractice lawyer.

A: A State Bar complaint can lead to disciplinary action (like suspension or disbarment), but it does not provide compensation. A legal malpractice lawsuit is a civil claim for financial damages resulting from attorney negligence.

A: No. Losing a case doesn’t always mean malpractice occurred. Attorneys are allowed to make reasonable tactical or strategic decisions, even if those choices do not lead to a win. Malpractice involves falling below the required standard of care.

A: You must prove that, had your attorney not made a mistake, you would have obtained a better result in your original case. That means re-litigating the underlying case in the context of the malpractice claim.

A: Yes, but recovery may be limited. California requires attorneys to disclose whether they carry malpractice insurance. If your attorney had no coverage and limited assets, it may affect your ability to collect damages.

A: In most cases, yes. California courts generally require expert testimony to establish the attorney’s breach of the standard of care and to explain how the mistake caused your damages.

A: In most cases, yes. Expert testimony is used to establish the standard of care and explain how the facility failed to meet it.