What happens if the other side's insurer calls you first after a catastrophic injury in Pasadena?
If you have suffered a catastrophic injury in Pasadena, the other side's insurance company might contact you soon after the incident. Their adjusters work to resolve claims quickly and for the lowest possible amount, which might not cover all your long-term medical needs or other losses.
You are not required to speak with them, give a recorded statement, or accept any offer until you have spoken with an attorney. What you say can be used against your claim later, so getting legal advice first protects your rights.
What types of catastrophic injury cases does Casa Legal Los Angeles handle?
A catastrophic injury is one that permanently prevents you from performing any gainful work, or that severely impairs your physical or mental function. These injuries often require extensive medical care, rehabilitation, and modifications to your living situation. Casa Legal Los Angeles helps people who have suffered severe injuries such as traumatic brain injuries, spinal cord injuries leading to paralysis, severe burns, loss of limb, or significant organ damage. Our firm's practice is concentrated in personal injury law, specifically helping those with life-altering injuries.
These severe injuries often result from incidents like truck accidents on the 210 Freeway, serious pedestrian accidents in Pasadena neighborhoods, or other high-impact collisions. We also assist with cases arising from dangerous property conditions or other acts of negligence.
Where do you file a catastrophic injury claim in Pasadena?
If your catastrophic injury happened within Pasadena, your personal injury case is generally filed in the Superior Court of California, County of Los Angeles. Under LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024, such cases are assigned to the Northeast District's Personal Injury Hub department at the Pasadena Courthouse. The Pasadena Courthouse is located at 300 E Walnut St, Pasadena, CA 91101.
This rule helps streamline the process by consolidating specific case types within particular courthouses in Los Angeles County. Filing correctly ensures your case proceeds in the appropriate local court.
How long do you have to file a catastrophic injury claim in California?
Most catastrophic injury claims in California must be filed within two years from the date of injury, as stated in Cal. Code Civ. Proc. § 335.1. However, if your injury was caused by a city, county, or other public agency, you must first present a written claim to that entity within six months of the injury under Cal. Gov. Code § 911.2.
Missing these deadlines can mean losing your right to seek compensation entirely, so it is important to act quickly. The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act.
California law allows for recovery of economic damages, which include medical costs, lost income, and future earning capacity. Non-economic damages such as pain, suffering, and loss of enjoyment of life are also available. However, a plaintiff convicted of DUI related to the incident, an uninsured vehicle owner, or an operator unable to establish financial responsibility may be barred from recovering non-economic damages under Cal. Civ. Code § 3333.4.
What should you do after suffering a catastrophic injury?
- Seek Immediate Medical Attention: Your health is the priority. Get checked by medical professionals, even if you do not feel immediate pain. Catastrophic injuries often have delayed or hidden symptoms.
- Report the Incident: For car accidents, report to law enforcement. For workplace injuries, inform your employer. For injuries on private property, notify the owner or manager.
- Document Everything: Take photos or videos of the scene, your injuries, and any property damage. Keep a detailed record of your medical treatments, expenses, and how your injuries affect your daily life.
- Do Not Speak to Insurers (Without Counsel): Avoid giving recorded statements or signing documents from the at-fault party's insurance company before speaking with a lawyer. They represent their client's interests, not yours.
- Contact a Personal Injury Attorney: A lawyer can help you understand your rights, investigate your claim, and deal with insurance companies. A firm like Casa Legal Los Angeles can provide guidance, whether your incident happened in Pasadena or a neighboring city like Alhambra.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we start by listening to your story and understanding the full impact your catastrophic injury has had on your life. We then investigate the circumstances of your injury, gather evidence, and identify all responsible parties.
Our team handles all communications with insurance companies and defense lawyers on your behalf, protecting you from tactics meant to reduce your compensation. We prepare your case for settlement negotiations or, if necessary, take it to court, aiming to secure the full compensation available under California law for your medical bills, lost wages, and other damages.
Whether your injury occurred in Pasadena or another Los Angeles area community such as Temple City or Calabasas, we focus on your case so you can focus on your recovery.
Frequently Asked Questions
What is the difference between economic and non-economic damages?
Economic damages are quantifiable financial losses resulting from an injury, such as medical bills, lost wages, future lost earnings, and property damage. Non-economic damages are subjective losses that are harder to quantify, including pain and suffering, emotional distress, loss of companionship, and disfigurement.
Can I still file a claim if I was partially at fault for my injury?
California follows a pure comparative negligence rule, meaning you can still recover damages even if you were partly at fault for your catastrophic injury. However, your total compensation will be reduced by your percentage of fault. For instance, if you are found 20% at fault, your damages would be reduced by 20%. California Civ. Code § 1431.2(a) states that liability for non-economic damages is several only, not joint.
Do I have to go to court for my catastrophic injury case in Pasadena?
Many catastrophic injury cases settle out of court through negotiations with insurance companies or mediation. However, if a fair settlement cannot be reached, filing a lawsuit and going to court in the Pasadena Courthouse may be necessary to secure the compensation you deserve. The decision to go to court is always made in consultation with you.
What if my injury was caused by a government entity in Los Angeles County?
If a government entity like the City of Pasadena or Los Angeles County caused your catastrophic injury, a special claims process applies. You must file a formal claim with the specific government agency within six months of the incident, as required by Cal. Gov. Code § 911.2. Only after the agency responds to your claim can you file a lawsuit. The standard two-year personal injury deadline (Cal. Code Civ. Proc. § 335.1) does not override this initial six-month government claim requirement.
A catastrophic injury changes everything, but it doesn't have to mean the end of your financial security. Call Casa Legal Los Angeles today at 888-585-2529 for a consultation. No attorney's fees unless we win — and no case costs either.