What happens if an insurance company calls me first after a catastrophic injury in Westminster?
An insurance adjuster's first call after a catastrophic injury in Westminster is usually an attempt to gather information that benefits the insurance company, not you. They often ask you to provide a recorded statement or sign medical authorizations, which you should not do without speaking to your own attorney first.
Anything you say can be used to minimize your claim, so it is important to understand your rights before you communicate with them. Insurance companies do not have your best interests in mind; their goal is to pay as little as possible.
What counts as a catastrophic injury in Westminster?
A catastrophic injury fundamentally changes your life and often requires long-term medical care, rehabilitation, and adjustments to your daily routine. These are more than just serious injuries; they are injuries with permanent consequences.
Examples include traumatic brain injuries, spinal cord injuries leading to paralysis, severe burns, loss of limb, or organ damage. These injuries often result from incidents like major car accidents, truck accidents, motorcycle crashes, or serious falls.
Where do Westminster catastrophic injury claims get filed?
A catastrophic injury claim arising in Westminster is filed in the Superior Court of California, County of Orange. The main courthouse for such claims is the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701.
This community is in Orange County, so any claim will be handled by the Orange County court system, not the Los Angeles Superior Court. Filing in the correct court is a necessary step to pursue your case.
How long do I have to file a catastrophic injury claim in Westminster?
Most catastrophic injury claims in California must be filed within two years from the date of the injury (Cal. Code Civ. Proc. § 335.1). However, if your injury involves a city, county, or other public entity, you must present a written claim to that entity within six months of the injury (Cal. Gov. Code § 911.2) before you can file a lawsuit.
The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352, but Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act. Because deadlines have exceptions and can be complex, you should confirm what applies to your own facts with an attorney. California law allows recovery for medical costs, lost earnings, and non-economic harm caused by the injury.
What steps should I take after a catastrophic injury?
- Seek immediate medical attention: Your health is the priority. Get a thorough medical examination and follow all doctor's orders. This also creates a record of your injuries.
- Report the incident: If it was an accident, contact law enforcement or the relevant authorities to create an official report. If it happened on someone's property, report it to the property owner or manager.
- Gather evidence: If possible, collect contact information for witnesses, take photos of the scene, your injuries, and any vehicles or property involved.
- Do not give recorded statements or sign documents: Avoid speaking with insurance adjusters or signing anything without first consulting with a Westminster personal injury attorney.
- Contact an attorney: An attorney can help you understand your rights, protect your interests, and handle communication with insurance companies.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we focus on understanding the full impact of your catastrophic injury on your life. We work to gather all necessary evidence, from medical records and accident reports to expert testimony, to build a strong case for you.
Our team handles all communications with insurance companies and other parties, allowing you to focus on your recovery. We pursue the full compensation available under California law for your medical expenses, lost income, pain, and suffering. Our goal is to secure the resources you need for your long-term care and financial stability. We serve Westminster and other communities, including Alhambra and Carson.
Frequently Asked Questions
What is “catastrophic” about a catastrophic injury?
A catastrophic injury is one that causes severe, permanent damage, often impacting your ability to work, live independently, or enjoy life as you did before. These injuries lead to extensive medical needs, long-term rehabilitation, and substantial financial burdens.
Can I still pursue a claim if I was partially at fault for my Westminster injury?
Yes, California follows a pure comparative negligence rule. This means you can still recover damages even if you were partly responsible for the incident. Your compensation would be reduced by your percentage of fault, but you are not barred from recovery entirely.
What if my catastrophic injury was caused by a public entity in Orange County?
If a city, county, or other government agency caused your catastrophic injury, you must first file a formal claim with that public entity. This claim must be presented within six months of the injury (Cal. Gov. Code § 911.2). Failing to meet this strict deadline can prevent you from filing a lawsuit later. An attorney can help prepare and submit this claim correctly.
Will I have to go to court for a catastrophic injury claim?
Many catastrophic injury claims are resolved through negotiation and settlement outside of court. However, if a fair settlement cannot be reached, filing a lawsuit and proceeding to trial may be necessary to pursue the compensation you deserve. We prepare every case as if it will go to trial to strengthen your position in negotiations.
A catastrophic injury can turn your life upside down. If you or a loved one has suffered such an injury in Westminster, contact Casa Legal Los Angeles today. We offer a free consultation to discuss your case. Call us at 888-585-2529 to learn how we can help. No attorney's fees unless we win — and no case costs either.