Personal Injury FAQs

Immediate Steps & Getting Started

What should I do immediately after an accident?

Your health and safety come first. If you are able, follow these steps to protect both your physical well-being and your potential legal claim:

1. Call 911 so emergency medical services and law enforcement respond.
2. Seek immediate medical attention, even if symptoms seem minor — some injuries, like concussions or internal bleeding, may not show significant symptoms right away.
3. Gather evidence at the scene: photos and video of vehicle damage, road conditions, visible injuries, and surrounding property.
4. Exchange information with all involved drivers — names, phone numbers, insurance details, and driver’s license numbers.
5. Collect witness contacts, including names and phone numbers of bystanders.
6. Do not admit fault or apologize. Keep the conversation strictly factual.
7. Contact an attorney before speaking to any insurance companies.

How much does an initial consultation cost?

It is 100% free. We offer free, no-obligation consultations 24 hours a day, 7 days a week. During this conversation we evaluate your case, explain your legal rights, and outline your best path forward.

What if I cannot come to your office in Agoura Hills?

If your injuries prevent you from visiting our office, we will come to you. Whether you are recovering at home, in a hospital, or at a rehabilitation facility anywhere in California, our team will meet you at your location.

Do you offer services in Spanish?

Yes. Our team includes fluent Spanish-speaking attorneys and staff to ensure clear, direct communication at every step of your case. Hablamos español.

Who will actually be handling my case?

Unlike massive “billboard” law firms where cases are routinely handed off to paralegals or junior case managers, at Alfonso & Berriz, APC your case is directly assigned to an experienced trial attorney. You will always have direct access to your attorney and dedicated team members.

California Statutes, Deadlines & Jurisdictions

What is the deadline to file a personal injury claim in California?

Under California Code of Civil Procedure § 335.1, the general statute of limitations for personal injury and wrongful death claims is two years from the date of the injury or death.

If you fail to file a lawsuit within this two-year window, you will likely lose your right to recover compensation permanently. Special exceptions apply, particularly for minors and for claims involving government entities.

What is the deadline to file an injury claim against a city or government entity in California?

Under the California Tort Claims Act (Government Code § 911.2), you must file a formal administrative claim within six months of the accident if you were injured by a government vehicle, a city bus, or a public road defect.

Unlike standard personal injury claims, government claims strictly enforce this six-month administrative deadline before a lawsuit can even be initiated. Missing this window permanently bars your claim.

Which court handles personal injury lawsuits for Agoura Hills and Thousand Oaks?

Lawsuits originating in Agoura Hills are generally handled by the Los Angeles County Superior Court, at the Van Nuys or Chatsworth branches. Lawsuits in Thousand Oaks or Ventura are filed in the Ventura County Superior Court at the Hall of Justice.

Proper jurisdiction and venue selection prevents unnecessary procedural delays. Our attorneys regularly litigate across both the Los Angeles and Ventura County court systems.

Complex Liability & Unique Accident Claims

Who is liable for an electric gate malfunction injury in California?

Liability for a sliding or automated gate injury in California may fall on the property owner, the HOA, the property management company, the gate maintenance contractor, or the manufacturer, under negligence and strict product liability law.

Automated gates are heavy mechanical systems. When one crushes a pedestrian, a vehicle, or a child because of faulty motion sensors, improper maintenance, or mechanical failure, multiple parties can be held responsible depending on the maintenance records and any component defects.

Can I recover compensation if I was hit by a car while crossing outside a marked crosswalk?

Often, yes. California follows a pure comparative fault rule: being partly responsible for an accident does not bar you from recovering, it reduces your recovery by your share of the fault.

For example, if a jury finds a speeding or distracted driver 80% responsible and you 20% responsible, you would generally recover 80% of your awarded damages. How fault gets apportioned turns heavily on the specific facts — which is why investigating early, before evidence disappears, matters so much.

What if I was hit by an uninsured or underinsured driver?

If the at-fault driver has no insurance, or not enough to cover your damages, you may still be able to recover through your own Uninsured/Underinsured Motorist (UM/UIM) coverage — a protection many California drivers carry without realizing it.

People often hesitate to use their own policy because they assume it will raise their premiums. California places restrictions on insurers surcharging drivers for not-at-fault claims, though how that plays out depends on your specific policy and circumstances. Before you assume you have no recourse, it is worth having us review your declarations page.

Who can file a wrongful death lawsuit in California?

Under California Code of Civil Procedure § 377.60, specific family members have legal standing to file a wrongful death claim when a loved one dies due to negligence. Prioritized claimants include:

1. The surviving spouse or domestic partner.
2. The surviving children of the deceased.
3. The deceased’s parents or siblings, if no surviving spouse or children exist.

Medical Care, Costs & Recoverable Damages

How much does it cost to hire Alfonso & Berriz, APC?

We work on a contingency fee basis. That means:

• You pay zero upfront fees or out-of-pocket legal expenses.
• We front all costs needed to investigate, negotiate, and litigate your case.
• We only get paid if we win a settlement or verdict for you. If we don’t recover money, you owe us nothing.

How can I get medical care after an accident if I don’t have health insurance?

Personal injury attorneys work with medical specialists who treat clients on a medical lien basis. Care is provided immediately, and the providers are paid directly out of the final settlement.

Lack of health insurance should never delay critical care. We can connect you with trusted doctors, physical therapists, orthopedic surgeons, and imaging centers who will treat you without upfront, out-of-pocket costs.

What types of damages can I claim in a California personal injury lawsuit?

Victims can claim economic damages — past and future medical bills, lost wages, and loss of earning capacity — and non-economic damages, which cover pain and suffering, physical impairment, and emotional distress.

Insurance Tactics & Settlement Calculations

Should I give a recorded statement to the insurance adjuster after an accident?

No. You are not legally required to provide a recorded statement to the opposing party’s insurance adjuster. Adjusters frequently use recorded statements to minimize claims or assign fault.

Adjusters are trained to ask misleading questions designed to get you to admit fault or downplay your injuries. Politely decline, and refer them to speak directly with your attorney.

How do insurance companies calculate personal injury settlement offers in California?

Insurers weigh hard economic damages such as medical bills and lost wages, the severity of the injury, and the effect the incident has had on your life.

To evaluate claims, insurance companies often use automated software such as Colossus. An experienced attorney makes sure all non-economic factors, long-term care needs, and clear evidence of negligence are presented so you aren’t lowballed by an algorithm. Make no mistake: the insurance company will try to lowball you, and it is our job to get you the best possible outcome, whether that comes through early negotiation or through litigation.

How long will my case take to resolve?

Every case is unique. Straightforward claims with clear liability and resolved injuries may settle in a few months, while complex cases involving severe injuries, multiple defendants, or court litigation can take longer. Our focus is always securing the maximum recovery possible, never taking quick shortcuts at your expense.

Ready to speak with an attorney?

If you or a loved one has been injured due to someone else’s negligence, let us handle the insurance companies while you focus on healing.

• Call us: (818) 889-1577 or (805) 850-0229
• Text us: (805) 368-1687
• Visit us: 30300 Agoura Road, Suite 150, Agoura Hills, CA 91301