If you’ve been injured in San Francisco or the Bay Area, you probably have a lot of questions. Here are honest, direct answers to the questions I hear most often from injury victims — covering car accidents, Uber and Lyft rideshare cases, brain and spinal injuries, slip and fall, pedestrian and bicycle accidents, wrongful death, dog bites, insurance claims, and working with an attorney.
If you don’t see your question here, call me directly at (415) 851-4557 for a free consultation. I answer the phone personally. I’m bilingual — English and Spanish.
General Personal Injury Questions
How long do I have to file a personal injury claim in California?
Generally two years from the date of your injury under California Code of Civil Procedure § 335.1. If a government entity is involved — the City of San Francisco, BART, Muni, Caltrans, SFUSD, or any public agency — you may have as little as six months to file a government tort claim. Missing these deadlines permanently bars your recovery. Contact me immediately after your accident.
What does a personal injury attorney cost in San Francisco?
Nothing upfront. I work on a pure contingency fee basis — no recovery, no fee. No hourly charges, no upfront costs. My fee is a percentage of your final settlement or verdict, clearly explained in writing before you sign anything. You pay nothing unless we win.
What if I was partially at fault for my accident?
You can still recover compensation. California follows pure comparative negligence — your damages are reduced by your percentage of fault, but you are not barred from recovery unless you are 100% at fault. Insurance companies aggressively try to inflate your fault percentage to reduce their payout. I push back hard with evidence.
Should I give a recorded statement to the insurance company?
No. You are not legally required to give a recorded statement to the other driver’s insurance company, and you should not give one to yours before talking to an attorney either. Politely decline and contact me first. What you say can and will be used to minimize your claim. Adjusters are trained to ask questions designed to elicit damaging statements.
How long does a personal injury case take to resolve?
Every case is different. Straightforward cases with clear liability can settle in 6 to 12 months. Complex cases involving catastrophic injuries, multiple defendants, or uncooperative insurers may take two to three years or more. I give every client an honest timeline assessment based on the specific facts and will never rush a settlement at the expense of your full recovery.
Do I have to go to court?
Most personal injury cases settle before trial. However, I prepare every case as if it will go to trial, which is exactly why I achieve better settlements than firms that don’t. Insurance companies offer better settlements to attorneys who are visibly prepared to try the case. If the insurer refuses to offer fair value, I am fully prepared to take your case to a San Francisco jury.
What types of damages can I recover in a California personal injury case?
California allows recovery of economic damages (medical expenses past and future, lost wages, diminished earning capacity, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, disfigurement). In wrongful death cases, surviving family members may recover for the loss of financial support, companionship, and services. Punitive damages are available in cases of outrageous or malicious conduct.
Car Accident Questions
What should I do immediately after a car accident in San Francisco?
Call 911. Seek medical attention even if you feel fine — soft tissue and brain injuries often present hours or days later. Photograph the scene, all vehicle damage, your injuries, license plates, and traffic signals. Exchange insurance information. Collect witness names and phone numbers before anyone leaves. Do not admit fault or apologize. Contact me before speaking with any insurance company. Learn more on my San Francisco car accident page.
What if the other driver was uninsured?
You may still recover through your own Uninsured Motorist (UM) coverage. California requires insurers to offer UM/UIM coverage with every auto policy, and most drivers have it. I also investigate whether other parties — employers, rideshare companies, vehicle manufacturers, or government entities — may share liability and provide additional coverage.
What are California’s minimum car insurance requirements?
As of January 1, 2025, California requires drivers to carry minimum liability coverage of $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $15,000 for property damage. This was the first increase since 1967 and is still often inadequate for serious injuries. When the at-fault driver is underinsured, I pursue your own UM/UIM coverage.
How much is my San Francisco car accident case worth?
Case value depends on the severity of injuries, clarity of liability, and available insurance coverage. Compensation can include medical expenses, future medical costs, lost wages, diminished earning capacity, pain and suffering, and emotional distress. I’ve recovered $6,000,000 for a single pedestrian TBI case and over $25 million total for Bay Area accident victims. I offer free consultations to evaluate your specific situation honestly.
What if the at-fault driver fled the scene (hit and run)?
Hit and run cases are more complex but not hopeless. Your own Uninsured Motorist coverage typically applies in hit and run cases as if the fleeing driver were uninsured. Police investigation, surveillance footage, and witness accounts sometimes identify the driver after the fact. Report the hit and run to police immediately and contact me — fast evidence preservation is critical.
Uber & Lyft Rideshare Accident Questions
Does Uber or Lyft’s $1 million insurance cover my accident?
It depends on what the rideshare driver was doing at the moment of the crash. The $1 million commercial coverage only applies during Period 2 (driver en route to pick up passenger) and Period 3 (passenger in vehicle). If the driver was offline or just waiting for a request, lower coverage applies. Identifying the correct period is often the single most important factor in case value. See my San Francisco Uber and Lyft accident page for details.
Can I sue Uber or Lyft directly after a rideshare accident?
Yes. California Public Utilities Code § 5354 attributes rideshare driver actions to the company during active trips, and Proposition 22 does not modify tort liability to third-party injury victims. The California Supreme Court confirmed this framework in Castellanos v. State of California (2024). Rideshare passengers, pedestrians, cyclists, and other drivers can all pursue claims directly against Uber or Lyft.
I was a passenger in a regular car hit by an Uber driver. Do I have a rideshare case?
Possibly a very strong one. If the Uber driver was active on the platform at the moment of the crash, Uber’s $1 million commercial coverage applies to your injuries — even though you weren’t in the Uber vehicle. I recovered $650,000 for a client in exactly this situation. Most victims in this scenario don’t realize they have rideshare-level coverage available.
What if a pedestrian or cyclist was hit by a rideshare driver?
If the rideshare driver was in Period 2 or Period 3 when the crash occurred, the pedestrian or cyclist has access to Uber or Lyft’s $1 million commercial liability coverage — not just the driver’s personal insurance. This applies whether the victim was in a marked crosswalk, on the sidewalk, or riding in a bike lane. Rideshare companies cannot limit this coverage based on the driver’s contractor classification.
Brain & Spinal Injury Questions
How do I know if I have a traumatic brain injury after an accident?
TBI symptoms are not always obvious immediately. Warning signs include headaches, dizziness, confusion, memory problems, mood changes, sensitivity to light or noise, difficulty concentrating, sleep disturbance, nausea, or ringing in the ears. See a doctor immediately after any accident involving a blow to the head — even if you feel fine. Early documentation is critical to your claim. Learn more about San Francisco brain injury cases.
How much is a brain injury case worth in San Francisco?
TBI cases are among the highest-value personal injury claims because of long-term medical costs and lifetime impact on quality of life. I’ve recovered $6,000,000 and $2,185,000 for Bay Area TBI victims. The value of any specific case depends on injury severity, long-term prognosis, age and occupation of the victim, and available insurance coverage. Catastrophic TBI cases routinely exceed policy limits and require aggressive multi-source recovery strategies.
What is a subdural hematoma and when does it matter legally?
A subdural hematoma is bleeding between the brain and its outer covering — a serious and potentially life-threatening brain injury. These injuries occur commonly in car accidents, pedestrian strikes, falls, and workplace incidents. Legally, they matter enormously because they indicate severe trauma and often produce permanent cognitive impairment. See my subdural hematoma attorney page for detailed medical and legal information.
Can I recover for a concussion that didn’t require hospitalization?
Yes. Mild traumatic brain injuries and concussions produce real and compensable symptoms — headaches, cognitive difficulties, mood changes, light sensitivity, and post-concussion syndrome can last months or years. I’ve recovered significant six-figure settlements for concussion cases. Don’t let an insurer minimize your injury because imaging came back normal. Symptoms matter.
What are the most common spinal injuries in personal injury cases?
The most common are herniated and bulging discs, fractured vertebrae, cauda equina syndrome, and in severe cases spinal cord damage causing paralysis. Lumbar spine injuries from rear-end collisions and whiplash-related cervical injuries are the most frequent. I’ve recovered $650,000 and $495,000 in serious lumbar spine cases. Learn more on my San Francisco spinal injury page.
What is my spinal injury case worth?
Spinal injury case value depends on permanence, whether surgery is required, and long-term impact on work and daily life. Disc herniations requiring surgery can support six- or seven-figure claims. Spinal cord injuries causing paralysis are catastrophic and frequently exceed policy limits. The key is thorough documentation — imaging, treating physician records, expert medical opinion, and life care planning for long-term cases.
Pedestrian & Bicycle Accident Questions
What are pedestrian rights in San Francisco crosswalks?
California Vehicle Code § 21950 requires drivers to yield the right of way to pedestrians in marked or unmarked crosswalks at intersections. Pedestrians also have the right to cross at uncontrolled intersections. However, pedestrians must exercise due care — unexpected darting into traffic can support a comparative fault defense. Even with some pedestrian fault, recovery is still possible under California’s pure comparative negligence rule. Details on my pedestrian accident page.
Do I have to wear a helmet to recover in a bicycle accident case?
California law requires helmets only for cyclists under 18. Adult cyclists are not legally required to wear helmets. However, if you suffered a head injury and were not wearing a helmet, defense attorneys may argue comparative fault — that you contributed to the severity of your injuries. This doesn’t bar recovery under California’s comparative negligence rule but may reduce it. Your recovery still depends primarily on the defendant’s negligence.
What if a driver hit me in a San Francisco bike lane?
Drivers who strike cyclists in marked bike lanes face clear liability exposure. California Vehicle Code § 21209 prohibits motor vehicles from driving in bicycle lanes except for specific purposes like parking or turning. Bike lane violations leading to crashes typically establish negligence per se. San Francisco’s bicycle infrastructure is extensive, and many of the cases I handle involve rideshare drivers, delivery vans, or distracted drivers entering bike lanes improperly. See my San Francisco bicycle accident page.
What happens if I was struck by a car but I was jaywalking?
You can still recover. California’s pure comparative negligence rule means even if you were partly at fault for crossing outside a crosswalk, you recover your damages reduced by your percentage of fault. Drivers still owe a duty of care to pedestrians regardless of where they’re crossing, particularly to avoid foreseeable injury. A 30% pedestrian-fault finding on a $500,000 damages case still yields $350,000 in recovery.
Motorcycle & Trucking Accident Questions
Is lane splitting legal in California, and does it affect my case?
Yes, lane splitting has been legal in California since AB 51 took effect in 2017. If you were lane splitting when a driver struck you, the mere fact of lane splitting does not establish fault — the driver’s negligence (unsafe lane change, distracted driving, opening a door) remains the key issue. However, lane splitting at excessive speed or unsafe conditions may support comparative fault arguments. Each case turns on specific facts. See my San Francisco motorcycle accident page.
Why are trucking accidents handled differently than car accidents?
Commercial trucking cases involve multiple potentially liable parties — the driver, trucking company, cargo loader, maintenance contractor, and sometimes the manufacturer. They also involve federal regulations (Federal Motor Carrier Safety Regulations), commercial insurance policies typically in the $750,000 to $1 million+ range, and electronic logging device data that must be preserved immediately. Trucking companies often dispatch rapid-response investigators within hours of a crash. You need an attorney who can act just as quickly. See my San Francisco trucking accident page.
What insurance applies in a commercial truck accident?
Commercial trucks operating in interstate commerce must carry minimum federal liability coverage of $750,000 for general freight, with higher limits for hazardous materials. Many carriers maintain $1 million or more in commercial coverage. In addition, there may be excess or umbrella policies, broker liability coverage, cargo insurance, and employer liability coverage for multi-defendant scenarios. Identifying every available coverage layer is critical to maximum recovery in catastrophic trucking cases.
Slip and Fall Questions
Who is liable for a slip and fall accident in San Francisco?
The property owner, tenant, or occupier who failed to maintain safe conditions. This includes private businesses, landlords, employers, hotels, and the City of San Francisco for public sidewalks and government property. Liability depends on whether the owner knew or should have known about the dangerous condition and failed to fix it or warn visitors. See my San Francisco slip and fall page.
Can I sue the City of San Francisco for a slip and fall on a public sidewalk?
Yes — but government claims have strict deadlines. If your fall occurred on a city sidewalk or public property, you typically have only six months to file a government tort claim under the California Government Claims Act. Missing that deadline permanently bars your recovery. Contact me immediately if your fall involved public property.
How do I prove the property owner knew about the dangerous condition?
Notice can be actual (the owner knew about the specific hazard) or constructive (the hazard existed long enough that a reasonable owner would have discovered it). Evidence includes prior complaints, maintenance records, surveillance footage, witness statements, and the condition itself (a dried puddle suggests long-term presence; a fresh spill does not). In cases involving landlord negligence or commercial property, I obtain inspection records and maintenance logs through discovery.
What if I was partly at fault for my slip and fall?
You can still recover. California’s comparative negligence rule applies — if a jury finds you 20% at fault (for not watching where you were walking, wearing inappropriate footwear, or not using a handrail), your damages are reduced by 20%. You are not barred from recovery unless you’re found 100% at fault. Property owners still have a duty to maintain safe premises regardless of visitor attentiveness.
Dog Bite Questions
What is California’s dog bite law?
California Civil Code § 3342 imposes strict liability on dog owners for bite injuries, regardless of the dog’s history or the owner’s knowledge of aggression. This is different from many states’ “one bite” rule. California owners are liable from the first bite, whether on public property or lawfully on private property. I’ve recovered a $300,000 jury verdict in a dog attack case. See my San Francisco dog bite page.
Does homeowner’s or renter’s insurance cover dog bite claims?
Typically yes — most homeowner’s and renter’s insurance policies include liability coverage for dog bite incidents. Some policies exclude specific breeds (pit bulls, rottweilers, dobermans) or require additional riders. Even when coverage exists, insurers often challenge claim severity or argue that the injured person provoked the dog. Document the attack thoroughly, seek medical care immediately, and preserve all evidence before contacting the insurer.
Wrongful Death Questions
Who can file a wrongful death claim in California?
Under California Code of Civil Procedure § 377.60, the following parties may bring a wrongful death claim: surviving spouse or domestic partner, surviving children, surviving grandchildren if the deceased’s children are also deceased, and other dependents who were financially dependent on the deceased. Other heirs entitled to inherit under California intestacy law may also qualify depending on family circumstances. See my San Francisco wrongful death page.
How long do I have to file a wrongful death claim in California?
Generally two years from the date of death under CCP § 335.1. If a government entity is involved, the deadline drops to six months for filing an administrative tort claim. Contact me immediately — delays can permanently bar your family’s recovery. Wrongful death cases often involve complex evidence preservation, and early action is critical.
What damages are recoverable in a wrongful death case?
California allows recovery for loss of financial support the deceased would have provided, loss of gifts and benefits, funeral and burial expenses, value of household services the deceased provided, and loss of care, comfort, companionship, protection, affection, society, and moral support. Unlike some states, California does not allow recovery for the grief or mental anguish of survivors — only for the relational losses listed above.
What is a survival action, and is it different from wrongful death?
Yes — these are distinct claims often filed together. A survival action under CCP § 377.30 is the claim the deceased person would have had if they had lived — for pre-death pain and suffering, medical expenses before death, and lost earnings between injury and death. A wrongful death claim is brought by survivors for their own losses. Both can proceed in the same lawsuit and often result in larger total recoveries.
Insurance & Settlement Questions
Who pays my medical bills while my case is pending?
Several possibilities, depending on your insurance. Your health insurance pays initially with reimbursement rights. Medical payments (MedPay) coverage on your auto policy pays regardless of fault. Some providers will treat on a lien basis — meaning they wait for settlement to be paid. Workers’ compensation covers work-related injuries. I coordinate all of these in every case and negotiate lien reductions at settlement to maximize your net recovery.
What is a medical lien and how does it affect my settlement?
A medical lien is a claim against your settlement for treatment that was provided without upfront payment. Hospitals, medical providers, health insurers, Medi-Cal, and Medicare can all assert liens. Resolving these liens is a critical step before settlement is distributed. I negotiate lien reductions aggressively — significantly reducing the amount taken out of your settlement in many cases — because lien negotiation directly affects your net recovery.
Should I accept the insurance company’s first settlement offer?
Almost never. First offers are typically a fraction of true case value — designed to resolve the claim cheaply before you understand the full extent of your injuries or hire an attorney. Once you sign, the case is closed forever, even if your injuries worsen or new problems emerge. Never accept an early offer without consulting an attorney first. The consultation is free, and the information you gain before signing is always worth it.
How long does it take to receive settlement money after a case settles?
Typically 30 to 60 days after the settlement agreement is signed. The insurer issues the settlement check, funds are deposited into my client trust account, I resolve outstanding medical liens and costs, and then distribute the net settlement to you. More complex settlements involving structured payments, minors’ compromises, or court approval may take longer. I walk every client through the disbursement process so you understand exactly what you’re receiving and when.
Working with an Attorney
Do I really need a personal injury attorney, or can I handle my claim myself?
You can handle claims yourself — but represented claimants typically recover significantly more than unrepresented ones, even after legal fees. Insurance companies have teams of adjusters and defense attorneys working against you from day one. Having experienced counsel levels the playing field. Initial consultations are always free. If I don’t think you need a lawyer for your case, I’ll tell you honestly.
How do I choose a San Francisco personal injury attorney?
Look for trial experience, local SF court knowledge, personal attention from the attorney (not just staff), bilingual services if needed, a contingency fee structure, and a track record of results. Ask: Will you personally handle my case, or will it be handed off? Have you taken similar cases to trial? What were the results? How do you communicate with clients? I encourage every prospective client to ask these questions — of me and of every attorney they consider.
Will you personally handle my case?
Yes. I handle every case personally from intake through resolution. No handoffs to junior associates, no case managers screening your calls, no paralegals making strategic decisions. You will always know who is working on your matter, and that person will be me. This is one of the core reasons clients choose a solo practice over a high-volume settlement firm.
Still Have Questions?
Every case is different, and the best way to get answers specific to your situation is a free, no-obligation consultation. Call (415) 851-4557 or complete the contact form. I answer the phone personally and offer evening and weekend appointments, home and hospital visits, and fully bilingual services in English and Spanish.
Explore my full range of practice areas on the San Francisco Personal Injury Practice Areas page.