FAQ

FOR ADDITIONAL PERSONAL INJURY QUESTIONS, PLEASE CAL 1-800-4-INJURY

It is always our pleasure to answer your legal questions about your specific personal injury situation. We are available 24 hours a day because we know time is of the essence. We are not only experienced, we also deeply care about each of our injured customers and their loved ones.

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WHY SHOULD I HIRE A PERSONAL INJURY ATTORNEY?

Although your insurance company will probably offer you some money that will help cover initial costs, it is usually a very small amount that will be nowhere near enough to cover the lasting damages and medical costs that a personal injury can cause. When you contact an experienced personal injury attorney and they accept your case, you are pretty much guaranteed to get more money assuming you win because you are now able to pursue compensation for things beyond the immediate costs you are facing, such as pain and suffering, lost wages, the loss of future earning potential, future estimated medical costs, etc.

HOW MANY CASES HAS KUVARA LAW FIRM HANDLED?

In Kuvara Law Firm’s over 40 year history as a premier law firm in California, we have handled over 20,000 personal injury cases, resulting in awards over millions of dollars in awards for our clients.

CAN I AFFORD AN ATTORNEY? HOW MUCH DO I PAY THE ATTORNEY WHEN WE WIN?

There are no upfront costs for you, the client, as Kuvara Law Firm will advance all reasonable case costs. Our attorney’s fees are consistent with the industry standard, and are paid when your case is positively resolved. To further discuss this, please contact us for a free consultation at 1-800-4-INJURY.

WHAT IS NEGLIGENCE?

Negligence is the pillar that personal injury lawsuits build their cases upon. Stated simply, negligence is an action or inaction that results in an injury to another person. Negligence is failing to use reasonable care. To prove that the other party is responsible for your injury, you first must prove that they are guilty of negligence. There are four parts to proving that the defendant was negligent:

  1. They must have had a duty to use reasonable care.
  2. The defendant failed to fulfill their duty.
  3. It must be proved that the damages caused were something that the defendant could have foreseen and prevented.

There must be actual damages that were caused by the negligence of the defendant. A lawsuit cannot be made purely off of an individual not exercising care if no actual accident occurred.

WHAT IS THE ADVANTAGE OF SETTLING A CASE?

If the other party’s insurance company is willing to try and settle with you, it is advantageous to at least try to negotiate with them. In many cases you can get just as much money settling a case as you can when actually going to court, the difference is that when you go to court, there is a chance that you can lose. The other party is usually willing to pay up to a certain point to try to avoid going to court, and we try to take advantage of this whenever we can. When we have to take a case to court, it can take a lot longer for the process to complete and get you your money. If we can settle your case, you get compensation quite quickly.

Learn more by visiting the page “The pros and cons of settling a case”.

HOW MANY YEARS HAS KUVARA LAW FIRM BEEN IN BUSINESS?

Kuvara Law Firm was established in 1971. We benefit from an outstanding reputation not only with our valued clients but also our industry peers.

WHAT HAPPENS IF MY CASE DOESN’T WIN?

In the unlikely event that you don’t win your case, Kuvara Law Firm does not pursue any form of payment for our time and out-of pocket expenses and council from you, so contacting and working with us is at no risk to you. Our winning track record speaks to fact that there is a lot to gain by working with us. Contact us today for a free consultation to find out more.

WHAT ARE COMPENSATORY DAMAGES AND WHAT ARE PUNITIVE DAMAGES?

There are two types of damages that you might be awarded for in a personal injury case. The first is compensatory damages, which are damages meant to help you reach the state you were in before you were injured, such as compensation for lost wages, medical expenses, pain and suffering, vehicle repair, and so on.

HOW MUCH CAN I RECEIVE AS COMPENSATION FOR MY PERSONAL INJURY?

There is no way to assess how much your case is worth ahead of time, and there are many factors that can affect the outcome, such as how extensive the injuries and how long it will take for recovery, whether or not your injury is projected to fully recover, whether or not you had a preexisting medical condition in the injured area, and whether or not your injury might partially be your fault or not, among many other factors can contribute to how much or how little you can win for your case.

ARE THERE ANY OTHER GROUNDS FOR A PERSONAL INJURY LAWSUIT ASIDE FROM NEGLIGENCE?

Yes, although they are much rarer cases. Intentional wrongdoings that cause an injury are definitely grounds for a personal injury lawsuit. The other type of case is called Strict Liability, which holds companies responsible for injuries caused by defective or unreasonably dangerous merchandise when being used as intended by the manufacturer. Strict Liability cases, like all personal injury cases, can be quite complicated. If you were injured by a product that you believe to be defective, you should speak to a personal injury attorney in San Rafael today to see if you have a case.

WILL PUNISHMENT BE GIVEN TO THE ONE WHO CAUSED MY INJURIES?

In most cases the answer will be no. Jail time or large fines are typically associated with criminal cases. A personal injury case is looked at as a civil dispute and therefore only awards you compensatory damages. In very rare cases where your injuries were caused intentionally you might be awarded for punitive damages.

WHAT’S THE ADVANTAGE OF CALLING A LAWYER IF I’M INJURED OVER CALLING MY INSURANCE COMPANY?

The insurance company will try to offer you the least amount of money that it can, as quickly as it can, in an effort to get you to sign away your rights. Once you sign their release forms, you are unable to pursue the insurance company or their insured for any additional compensation. You are entitled to receive compensation for your injuries, including current and future lost wages, pain and suffering, medical bills, and much more. You only pay Kuvara Law Firm if you win your case. Your attorney at Kuvara Law Firm will work to minimize the risks and obtain the maximum recovery.

I NEED MEDICAL ATTENTION BUT DO NOT HAVE HEALTH INSURANCE. WHAT SHOULD I DO?

Kuvara Law Firm has professional relationships with an extensive network of health care providers. We can help you get the medical attention you need when you need it, even if you do not have private health insurance. Call 1-800-4-INJURY for more information.

I HAVE TRANSPORTATION ISSUES AND/OR TROUBLE GETTING AROUND. CAN YOU COME TO MY HOUSE OR MEET ME SOMEWHERE?

Yes. We can travel all over California to meet with potential clients based on their needs. If you are injured and have trouble coming to us, just let us know and we will make the arrangements to come see you. We can meet with you at your home, hospital or other designated location of your choice. Please note that we also have 12 locations in California:

  • San Rafael
  • San Francisco
  • Oakland
  • San Jose
  • Sacramento
  • Walnut Creek
  • Redwood City
  • Vallejo
  • Fairfield
  • Fremont
  • Santa Rosa
  • Los Angeles

WHY IS IT IMPORTANT THAT I TALK TO A LAWYER RIGHT AWAY INSTEAD OF WAITING? HOW LONG DO I HAVE TO SEEK HELP FROM AN ATTORNEY AFTER AN ACCIDENT?

The first 90 days after your accident is the most critical time frame to ensure you receive necessary medical attention and that the management of your case is on track. Certain California statutory provisions can require you to take action on your legal claim within days or months to avoid losing your legal rights. It is best to contact a lawyer as soon as possible after getting injured. Remember that speaking with a personal injury lawyers at Kuvara Law Firm is absolutely free to you and will aid you in making a truly informed decision about whether to pursue a claim.

I’VE HEARD HORROR STORIES OF CASES BEING CONTINUALLY POSTPONED FROM BEING HEARD IN COURT. IS THERE ANY WAY AROUND THIS? CAN YOU RESOLVE MY CASE FAST AND STILL GET ME GOOD COMPENSATION?

California court overcrowding and limited judicial resources are an unfortunate reality. However, Kuvara Law Firm has a continued record of resolving 99% of its cases without resorting to litigation. Kuvara Law Firm is focused on achieving an efficient, effective legal process for its clients, so they are able to return to their pre-accident state without being subjected to the stress and delay of the courtroom.

I’M NOT THE ONE WHO IS INJURED. CAN I STILL CALL YOU?

Kuvara Law Firm attorneys are always willing to discuss potential claims in an effort to assist potential clients and give free legal advice to our community. Depending on your relationship with the injured person, you may also be eligible for compensation. Call us at 1-800-4-INJURY and let us assist you with your claims or the claims of your friends or family.

HOW LONG AFTER THE ACCIDENT CAN I STILL SEEK HELP FROM A LAWYER?

In the state of California you have two years from the date of the accident to file a claim before you lose the right to sue the party that injured you or your loved one.

THE INSURANCE COMPANY IS OFFERING ME COMPENSATION RIGHT NOW. SHOULD I TAKE IT?

No. We recommend that you call a Kuvara Law Firm attorney to determine whether the insurance company’s offer is a fair estimation of what your case is worth. Do not consider accepting their offer until you have a free consultation and fully understand your legal rights. Accepting an offer from the insurance company will forfeit your right to additional compensation. Call us today at 1-800-4-INJURY for a brief, personalized assessment of your legal claim.

WHAT SHOULD I DO AFTER AN ACCIDENT?

1- Your first priority is to seek medical care for anyone who might have been injured.
2- Report the accident to the police and make sure a police report is filed.
3- Record the name, address, and telephone number of the other party and all witnesses.
4- Get insurance information such as the insurance agent, policy and insurance company.
5- Take photographs if possible of the location and damaged property.
6- Be careful of what you say. Remember not to provide a statement to anyone until you consult with a lawyer.
7- Seek the advice of an experienced California injury attorney immediately to begin protecting your rights.

Ready to get started? Call 1-800-4-INJURY or email us today. Hablamos español.

FAQs

WHAT IS THE STATUTE OF LIMITATIONS FOR AN OAKLAND BRAIN INJURY LAWSUIT?

In most cases, you have two years from the date of your injury to file a personal injury lawsuit in California. If the injury is not discovered immediately, you have one year from the date you realize you’ve been hurt. 

You should hire a brain injury lawyer as soon as possible to hold the at-fault party accountable and recover the fair amount that you or your loved one deserve. In this way, your TBI lawyer will have enough time to investigate your accident, secure evidence to support your claim, negotiate a settlement with the at-fault party’s insurer, or file a lawsuit. Our traumatic brain injury attorneys have a strong track record in and out of the courtroom and will advocate for you from the moment you retain us until your case concludes.

WHAT COMPENSATION CAN I GET FOR MY TRAUMATIC BRAIN INJURY?

n order to determine the type of award you could receive for your brain injury, we would first need to review your case. Then your head injury lawyer would be able to accurately assess its potential value. Damages typically cover losses like:

  • Expenses for emergency care, doctor’s visits, surgeries, medications, and other brain injury treatments;
  • Physical therapy, occupational therapy, and other types of therapy or rehabilitation bills;
  • The wages and benefits you lose due to a brain injury; and
  • Non-economic damages related to brain injury include pain and suffering, emotional distress, and loss of quality of life.

When a traumatic brain injury occurs as a result of reckless behavior, another person or organization may be liable for your injuries. You can seek compensation through an insurance claim or a lawsuit. A brain injury often leaves victims in a state of permanent care, changing their lives forever. In such cases, compensation can be substantial.

DO I NEED AN OAKLAND TBI LAWYER?

By their very nature, brain injuries are catastrophic. The simplest skull injury can have devastating consequences. The effects of severe brain trauma may be irreversible or even fatal. However, the insurance company handling your personal injury claim will almost certainly try to avoid paying the compensation you deserve. These companies are like any other business in that they value profitability above all else, and if you attempt to handle your case alone, you’ll almost certainly end up with a lot less money than you need to cope with life after a TBI.

A traumatic brain injury caused by someone else’s wrongful conduct requires experienced brain injury lawyers. An Oakland head injury lawyer at the Kuvara Law Firm will use their experience, medical knowledge, and negotiation skills to obtain a settlement that covers your last losses and anticipated future ones. If necessary, we will take your case to court. We have achieved outstanding results for clients who have suffered paralysis or brain damage due to traumatic accidents.

To learn more or to schedule a free consultation, call us today at 1-8000-4-injury or fill out our contact form 

California personal injury attorney Neal Kuvara is the founder of Kuvara Law Firm in San Rafael. Protecting the rights of injured victims for more than 50 years, Neal and his team have provided top-notch legal services to more than 20,000 clients, helping them to recover millions of dollars in settlements and verdicts. His passion for justice and commitment to his clients have earned Neal a reputation as a proven leader in the field of personal injury law in California.

Years of Experience: More than 50 years
California Registration Status: Active
Bar & Court Admissions: California State Bar, U.S. District Court Northern District of California