Orange County Personal Injury FAQ Hub
Clear Answers from Orange County’s National Tier 1 Personal Injury Attorneys
Welcome to Kubota & Craig’s comprehensive Personal Injury FAQ hub — designed to answer the most common questions we hear from individuals and families throughout Irvine, Lake Forest, Laguna Hills, Mission Viejo, Costa Mesa, Newport Beach, and all of Orange County.
With 45+ jury trials, a National Tier 1 ranking, and decades of focused experience, our goal is to give you clarity, confidence, and a trusted resource you can rely on during a difficult time.
Last Updated: December 19, 2025
Table of Contents
Motor Vehicle Accidents
Q: What should I do right after a car accident in Orange County?
Q: Do I need a lawyer for a minor car accident?
Even low-speed collisions can cause injuries that appear later. A lawyer ensures your medical care is documented and prevents insurance companies from undervaluing your claim.
Q: How long do I have to file a car accident claim in California?
Most personal injury claims must be filed within 2 yearsfrom the date of injury, as established by California Code of Civil Procedure § 335.1. Claims against government entities often require filing within 6 months through an administrative claim process. Speak with a lawyer as soon as possible to ensure you don’t miss critical deadlines.
Q: How long after a car accident can I file a claim in California?
You have 2 years from the date of the accident to file a personal injury lawsuit under California Code of Civil Procedure § 335.1. However, don’t wait this long. Insurance companies require prompt reporting, and evidence degrades over time. Witness memories fade, video surveillance is deleted, and vehicles are repaired or scrapped. We recommend contacting a lawyer within 30 days.
For claims against government entities (city, county, state), you must file an administrative claim within 6 months before you can file a lawsuit. Missing this deadline can eliminate your right to recover.
Q: Can I recover compensation if I was partially at fault?
Q: Can I still get compensation if the accident was partly my fault?
Yes. California’s pure comparative negligence law (Cal. Civil Code § 1431.2) allows you to recover even if you were partially at fault, as long as you’re not more than 99% responsible. Your compensation is reduced by your percentage of fault.
Example: If you make a left turn across traffic and the other driver was speeding, you might be 30% at fault. If your total damages are $100,000, you recover $70,000 (reduced by your 30% fault).
We aggressively argue to minimize your fault percentage and maximize your recovery. Insurance companies often overstate injured plaintiffs’ fault—we counter with evidence, accident reconstruction, and expert testimony.
Q: What if I’m injured in an Uber or Lyft accident?
Q: Who is liable for a truck accident in California?
Q: Can I file a claim if I was hit while biking?
Q: What should I do if I’m hit as a pedestrian?
Q: What happens if I'm hit by an uninsured driver in Irvine?
Approximately 1 in 8 California drivers (12%) are uninsured. If you’re hit by an uninsured driver, your Uninsured Motorist (UM) coverage on your own auto insurance policy is your primary recovery source.
UM coverage is optional in California but strongly recommended. It covers medical bills, lost wages, and pain and suffering up to your policy limits when the at-fault driver has no insurance. You can also pursue the uninsured driver directly, though collecting from them is difficult.
Hit-and-run accidents are more complex; your UM coverage still applies if you can’t identify the driver. Contact an Irvine car accident lawyer immediately to navigate your UM claim.
Q: What are the most common types of accidents in Orange County?
- Car accidents—most common, concentrated on I-405, I-5, and Culver Drive corridors
- Motorcycle accidents—popular in coastal areas
- Bicycle accidents—increasing with e-bike adoption, especially in Irvine and Laguna
- Pedestrian accidents—near shopping centers and intersections
- Slip and fall—retail stores, restaurants, commercial properties
- Construction accidents—active development in Orange County
- Rideshare accidents (Uber/Lyft)—high volume from theme parks and transportation hubs
- Truck accidents—harbor traffic and commercial corridors
Contact us to discuss your specific accident type.
Premises Liability
Q: What qualifies as a premises liability claim?
- Wet floors without warning signs
- Broken stairs or railings
- Poor lighting
- Falling merchandise
- Inadequate security leading to assault or robbery
- Pools without proper supervision
Q: Who’s responsible for a dog bite injury in California?
California has strict liability for dog bites occurring in public spaces or lawful private settings. This means the owner is responsible even if the dog has no history of aggression and the owner took reasonable precautions. You must prove the defendant owned the dog and that the dog caused your injury.
Contact a California dog bite injury lawyer to pursue full compensation for medical bills, scarring, and emotional distress.
Q: Can I sue if I slip and fall in a store?
Yes. Property owners must maintain safe conditions and warn customers of hazards. We gather evidence such as surveillance video, maintenance logs, and incident reports to prove negligence. You must show the owner knew (or should have known) about the hazard and failed to fix it or warn you.
Contact a Irvine slip and fall attorney to document your injuries and preserve critical video evidence.
Q: What should I do after a construction site accident?
Get medical care immediately and report the incident to your employer or site supervisor. Do not sign any documents or accept settlement offers until you speak with a lawyer. Construction accidents often involve workers’ compensation claims, third-party liability claims, or both.
Contact a construction accident lawyer serving Laguna Hills and Costa Mesa to protect your rights.
Catastrophic Injury & Wrongful Death
Q: What is considered a catastrophic injury?
- Traumatic brain injuries
- Spinal cord injuries
- Severe burns
- Amputations
- Permanent disfigurement
Q: How much is a brain or spinal injury case worth?
Brain and spinal cord injury cases vary widely based on severity, age, earning capacity, and life expectancy. These cases often require long-term medical care, rehabilitation, home modifications, and expert analysis.
Settlements range from $250,000 to several million dollars depending on circumstances. Contact a traumatic brain injury attorney in Orange County for a free case evaluation.
Q: Can I file a wrongful death claim in California?
- Spouses
- Registered domestic partners
- Children
- Stepchildren
- Parents
- Financially dependent grandchildren and siblings
Insurance & Legal Process
Q: Should I give a recorded statement to the insurance company?
No. Never provide a recorded statement to the other party’s insurance company without legal counsel. Insurance adjusters are trained to ask leading questions and minimize payouts. Anything you say can be used against you.
Direct all communication to your lawyer, who will handle negotiations with the insurance company professionally.
Q: How long does a personal injury case take?
Timelines vary based on injury severity and case complexity:
- Minor injuries (simple fractures, minor lacerations): 3–9 months
- Moderate injuries (significant soft tissue, broken bones): 6–18 months
- Serious injuries requiring litigation or trial: 1–3+ years
Some complex cases with multiple parties or significant damages may take longer. We manage your case efficiently while ensuring you receive full compensation.
Q: Can I recover lost wages after an accident?
- Past lost wages (wages lost while injured or in treatment)
- Future lost wages (if you cannot return to work)
- Reduced earning capacity (if you can only earn less)
- Lost employment benefits/li>
Q: What if I didn’t see a doctor right away?
Seek medical care as soon as possible, even if you feel fine initially. Many serious injuries don’t show symptoms immediately. Delayed treatment can affect your claim because insurance companies may argue your injuries weren’t serious.
However, with proper documentation and medical evidence, we can still support your recovery. The key is establishing a clear timeline between the accident and your diagnosis.
Q: What should I say to an insurance adjuster?
Be polite but brief. Provide only basic information: your name, policy number, and accident date.
Do NOT:- Admit fault
- Agree to recorded statements
- Accept settlement offers
- Provide detailed injury descriptions to adjusters
Financial Concerns & Settlement
Q: Who pays my medical bills after a car accident in California?
- Your own health insurance pays first, then your car insurance’s Medical Payments (MedPay) coverage reimburses your deductible
- The at-fault driver’s liability insurance pays if you win your claim
- Your own car insurance’s Uninsured/Underinsured Motorist coverage applies if the other driver is uninsured or underinsured
Q: How much is my personal injury case worth in Orange County?
- Economic damages:
- Medical bills
- Lost wages
- Property damage
- Future care costs
- Non-economic damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Accident circumstances:
- Fault percentage
- Insurance coverage limits
- Liability strength
The multiplier method calculates non-economic damages as 1.5x to 5x your medical expenses, depending on injury severity.
Examples:-
- A minor soft tissue injury with $10,000 in medical bills might be worth $15,000-$50,000
- A serious fracture with $75,000 in treatment could be worth $375,000-$1,000,000+
Q: What percentage do personal injury lawyers take in California?
- 33% (one-third) of your settlement if the case settles before trial
- 40% (two-fifths) if the case goes to trial
This is called a contingency fee arrangement—you pay nothing upfront and only pay if you win. These percentages are standard under California Rules of Professional Conduct.
Costs (filing fees, expert witnesses, medical records, deposition transcripts) are separate from attorney fees and are typically deducted from your settlement.
If your case doesn’t win, you pay no attorney fees or costs.Q: How much does it cost to hire Kubota & Craig?
We charge no upfront fees. We work on contingency, meaning we only get paid if we win your case.
Our standard contingency fee is:- 33% of your settlement if the case settles before trial
- 40% if the case goes to trial
Costs (court filing fees, expert witnesses, medical records, deposition transcripts) are separate and typically deducted from your settlement proceeds.
If we don’t win, you pay nothing—no attorney fees and no costs. This means your recovery is our only incentive to maximize your claim.
2025 California Law Updates
Q: What are California's new car insurance minimums for 2025?
- $30,000 per person / $60,000 per accident (bodily injury liability)
- $15,000 property damage liability
These limits increased from the previous $15,000/$30,000/$5,000 minimum in effect since 1989. This 100% increase in required coverage reflects rising medical costs and accident damages.
These are MINIMUM requirements only—we recommend higher coverage limits:- $100,000/$300,000 bodily injury
- $50,000 property damage
- Plus uninsured/underinsured motorist coverage matching your liability limits
Q: Do I need uninsured motorist coverage in California 2025?
Uninsured/Underinsured Motorist (UM/UIM) coverage is optional in California but essential protection.
With 1 in 8 California drivers uninsured, your chance of hitting an uninsured driver is significant.- UM coverage protects you when the at-fault driver has no insurance
- UIM coverage applies when the at-fault driver’s insurance is insufficient for your damages
Recommended UM/UIM limits: Match your liability coverage or higher ($100,000/$300,000+)
Cost: Typically $50-$150/year for substantial protection
In 2025, with increased accident damages and medical costs, UM/UIM coverage is a critical safety net that most drivers should carry.About Our Firm & Client Experience
Q: What happens during my free consultation?
- Listen to your accident story and injuries
- Ask specific questions about the accident circumstances, injuries, and damages
- Explain California personal injury law and how it applies to your situation
- Outline the claims process and timeline
- Provide honest assessment of your case value
- Answer your questions about fees, costs, and next steps
There’s no obligation to hire us. We simply want you to have clarity and confidence moving forward.
Schedule your free consultation online or call (949) 218-5676.Q: How do I find the best personal injury lawyer in Irvine?
- How many jury trials have you personally tried in Orange County?
- What percentage of cases do you take to trial vs. settle?
- Who will actually handle my case—the named attorney or a junior associate?
- How do you calculate case value?
- What are your fee and cost structures?
- Can you provide references from past clients?
- Attorneys taking too many cases (they can’t give personal attention)
- Guaranteeing specific results
- Pressuring quick settlements
- Charging upfront fees
Q: Where is your office located?
Kubota & Craig
16530 Bake Parkway, Suite 100
Irvine, CA 92618
Q: Do you offer virtual or weekend consultations?
- Evening consultations
- Weekend consultations
- Phone consultations
- Virtual consultations
Q: How will I receive updates on my case?
- Claim progress
- Insurance negotiations
- Medical documentation
- Next steps
Q: Who will handle my case?
Your case is managed by a lead attorney, not a junior associate. Kubota & Craig maintains selective caseloads specifically so our attorneys can provide personal attention to every client.
Founders Yoshiaki C. Kubota and Cynthia Craig actively manage all cases and personally try jury trials when necessary.
Q: What results has Kubota & Craig achieved?
Kubota & Craig has secured over $200 million in verdicts and settlements for clients across Orange County. We’ve tried 45+ jury trials to verdict.
Every case is unique and fact-specific, so past results don’t guarantee future outcomes. During your free consultation, we’ll discuss realistic recovery expectations for your specific situation based on similar cases we’ve handled.
Q: How do you support clients during recovery?
- Medical scheduling
- Insurance paperwork
- Coordination of care
Cities We Serve
Kubota & Craig proudly serves individuals and families across Orange County, including: