Compassionate With You. Aggressive With Insurance Companies.
If you were hurt in a car, truck, rideshare, motorcycle, bicycle, or pedestrian accident, or in a fall, or you lost someone you love, you may be dealing with pain, bills, missed work, and calls from an adjuster all at once. Here is what generally matters in the first weeks, in plain words.
After you send this, our intake team will reach out to talk it through. Everything you share with us is confidential.
Recent Personal Injury Results
In Their Words
Every Kind of Injury Case, Wherever It Happened
From highway crashes to a fall in a store aisle, these are the cases we handle.
On the Road
On highways, streets, and crosswalks.
On Someone's Property
Life-Changing Injuries
Signs to Weigh Before You Call the Adjuster Back
These are signs, not guarantees. In general, a negligence claim in California requires showing that someone else was negligent, that you were harmed, and that their negligence was a substantial factor in causing the harm.
Often not enough on its own
- No one was hurt. A crash with only vehicle damage is usually handled as a property damage claim with insurance.
- No one else was careless. A negligence claim generally needs another person's negligence.
- More than two years have passed since the injury. The deadline may have run, although some exceptions exist.
- You were hurt on the job and the only possible target is your own employer. That is generally a workers' compensation matter.
Not sure? Ask. A free review costs you nothing.
Worth a closer look
- You may share some of the blame. That may reduce what you recover.
- A city, county, or other local public agency may be responsible. A six-month claim deadline may apply.
- The driver was on a rideshare trip. Special insurance rules may apply.
- The at-fault driver had no insurance, or not enough.
- An old injury got worse. The worsening may count.
Points toward a case
- Another driver, owner, or business was careless, such as running a red light or leaving a known hazard in place.
- You needed medical care, and the records tie your injuries to the incident.
- You missed work or lost income because of the injury.
- A police report, incident report, photos, video, or witnesses back up what happened.
- A family member died, and you are a spouse, domestic partner, child, or other relative the law allows to bring a claim.
Signs, not guarantees. Every situation is different.
What to Do in the First Days After an Injury
Tell each provider every place that hurts, even if it seems minor, and go to your follow-up visits, since gaps in treatment may be questioned later.
Call the police after a crash, or ask the store or property manager to write an incident report after a fall. If you were driving and anyone was hurt, California law requires the driver to report the crash to the DMV within 10 days. Your insurance agent, broker, or lawyer can file that report for you.
Photograph the vehicles, the scene, traffic signals, the hazard that caused a fall, and your injuries as they heal. Write down names, phone numbers, plates, and insurance details for drivers and witnesses.
Save bills, receipts, pay stubs, and time-off records together. A short daily note about pain, sleep, and what you could not do may help later.
When the Other Driver's Insurance Company Calls
The adjuster for the other driver's insurer represents that company, not you. Being polite and brief is usually enough for now.
- A recorded statement about how the crash happened
- A quick answer on whether you are hurt and how badly
- A signed authorization to collect your medical records
- An early settlement check in exchange for a signed release
- Give basic facts (names, date, place, vehicles) and consider holding off on a recorded statement until you have had advice
- Say you are still being evaluated instead of guessing about injuries
- Ask what any authorization covers before you sign it
- Be careful about signing any statement about who was at fault before you get advice, and understand that a release may end your claim, including for problems that show up later
- Notify your own insurance company promptly, as the state insurance department advises
Four Numbers Worth Knowing After an Injury
These are general rules. Exceptions exist and the correct deadline depends on the facts, so it is safer to ask early than to count on the full time.
Code of Civil Procedure section 335.1 lists: "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another."
Claims for damages against local public entities generally must be presented before a lawsuit. Government Code section 911.2 says a claim for death or for injury to person "shall be presented" as the statute provides "not later than six months after the accrual of the cause of action."
Under Vehicle Code section 16000, a driver in a crash on a street or highway that caused bodily injury, death, or more than $1,000 in damage to any one person's property generally must report it to the DMV within 10 days, either personally or through an insurance agent, broker, or legal representative.
From the moment a rideshare driver accepts a ride request until the ride is complete, Public Utilities Code section 5433 requires primary insurance of one million dollars for death, personal injury, and property damage.
The Losses California Jury Instructions Describe
California's civil jury instructions sort damages into economic losses you can add up and noneconomic losses like pain. Whether any item applies depends on the proof.
Economic losses
Losses you can add up
Noneconomic losses
Losses that are harder to put a number on
What Happens After You Reach Out
Tell us what happened through the form or by phone. The review is free. No recovery, no fees or costs.
They ask about the incident, your injuries and treatment, and any insurance involved. Then an attorney reviews your situation. We are a family-run firm with three partners, Koorosh, Eli, and Ari Banayan, and Koorosh has practiced in California for more than 40 years.
If we take the case, the police or incident report, photos, medical records and bills, and proof of lost pay are gathered and used to present the claim to the insurance company.
A lawsuit may be filed, with the deadlines above in mind.
Frequently Asked Questions
The driver who hit me had no insurance, or not enough. Is there any option?
Possibly your own policy. California law generally requires auto liability policies to include uninsured motorist coverage for bodily injury or wrongful death, and an uninsured motor vehicle includes an underinsured one. A policyholder may agree in writing to remove or reduce that coverage, so check your declarations page.
How much insurance does a California driver have to carry?
For policies issued or renewed on or after January 1, 2025, the financial responsibility minimum is generally $30,000 for injury or death of one person, $60,000 for two or more people, and $15,000 for property damage in one accident (Vehicle Code section 16056). A serious injury may cost more than a minimum policy pays.
My child was hurt. Does the same two-year deadline apply?
Generally, the time while a child is under the age of majority is not counted toward the deadline in Code of Civil Procedure section 352. That rule does not apply to claims that must first be presented to a public entity, so do not wait if a public agency may be involved.
Who can bring a wrongful death claim?
Under Code of Civil Procedure section 377.60, the claim may be brought by the person's surviving spouse, domestic partner, children, and issue of deceased children, or, if the person left no children or other descendants, those who would inherit the person's property under California's inheritance rules. Certain people who were dependent on the person, such as parents or stepchildren, may also qualify, as may the personal representative on their behalf.
A dog bit me. Does it matter that the dog never bit anyone before?
Under Civil Code section 3342, a dog's owner is generally liable for a bite in a public place or while you were lawfully on private property, regardless of the dog's past viciousness or the owner's knowledge of it.
I fell in a store or apartment complex. What does the law look at?
A person who owns, leases, occupies, or controls property must use reasonable care to keep it reasonably safe, including discovering unsafe conditions and repairing them or giving adequate warning. Factors include whether they knew or should have known of the condition and how hard it was to protect against.
Laws and Official Guidance Referenced
The California laws and agency guidance this page refers to. This page is general information, not legal advice for your situation.
- Code of Civil Procedure section 335.1 (two-year limit for injury or death)
- Code of Civil Procedure section 352 (time while a minor)
- Code of Civil Procedure section 377.60 (who may bring a wrongful death claim)
- Government Code section 905 (claims against local public entities)
- Government Code section 911.2 (six-month claim deadline)
- Vehicle Code section 16000 (DMV accident report)
- Vehicle Code section 16056 (minimum financial responsibility limits)
- Public Utilities Code section 5433 (rideshare insurance)
- Insurance Code section 11580.2 (uninsured motorist coverage)
- Labor Code section 3602 (workers' compensation as exclusive remedy against employer)
- Civil Code section 3342 (dog bites)
- Civil Code section 1431.2 (economic and non-economic damages defined)
- Judicial Council of California Civil Jury Instructions (CACI), 2026 edition: Nos. 400, 401, 405, 1001, 3902, 3903A, 3903C, 3905A, 3921, 3927
- California Department of Insurance, So You've Had an Accident, What's Next?
Eli Banayan
Ari Banayan
Koorosh Banayan
Amanda Moradzadeh
Justin ZahabianTalk to Our Team
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