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Car Accident

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Practice Areas

Specializing in Personal Injury Cases in San Diego

Catastrophic injury and wrongful death attorneys.

Car Accident

San Diego car accident attorney handling serious injuries and wrongful death from crashes involving distracted, drunk, speeding, or hit-and-run drivers.

Truck Accident

San Diego truck accident attorney handling serious injuries and wrongful death involving semi-trucks, big rigs, delivery trucks, and other commercial vehicles.

Motorcycle Accident

San Diego motorcycle accident attorney representing riders and families after serious crashes with cars, trucks, rideshare vehicles, and dangerous road conditions.

Bicycle Accident

San Diego bicycle accident attorney representing cyclists and families after serious crashes involving cars, trucks, rideshare vehicles, and dangerous road conditions.

Bus Accident

San Diego bus accident lawyer handling serious injuries and wrongful death involving MTS and other public transit buses, school buses, tour and charter buses, and shuttles.

Pedestrian Accident

San Diego pedestrian accident attorney representing people and families after serious injuries and wrongful death in crosswalks, intersections, parking lots, and along roadways.

Construction Accident

San Diego construction accident attorney representing injured workers and families after serious jobsite injuries and deaths.

Aviation Accident

San Diego aviation accident attorney representing passengers and families after crashes and in-flight injuries involving private planes, helicopters, charter flights, and smaller commercial aircraft.

Premises Liability

San Diego premises liability attorney representing people seriously injured by unsafe property conditions, including slips and falls, trip hazards, falling merchandise, and negligent security.

Wrongful Death

San Diego wrongful death attorney representing families after fatal accidents on the road, on construction sites, in public spaces, and in other negligence cases.

Brain Injury

San Diego brain injury attorney representing people with concussions and traumatic brain injuries after vehicle crashes, falls, and other serious incidents.

Spinal Cord Injury

San Diego spinal cord injury attorney representing people with spinal cord and serious back injuries from crashes, falls, and other traumatic events.

Burn Injury

San Diego burn injury attorney representing people with serious burns from fires, explosions, electrical incidents, hot liquids, and unsafe products or premises.

Auto Defect

San Diego auto defect attorney representing drivers and passengers harmed by dangerous vehicles and components, including airbags, seat belts, tires, fuel systems, and roof or seat failures.

Product Liability

San Diego product liability attorney representing people injured by defective consumer products, tools, appliances, and other everyday items.

Dangerous Road Conditions

San Diego dangerous road conditions attorney representing drivers, passengers, cyclists, and pedestrians hurt by defective road design, poor maintenance, missing signage, or unsafe construction zones.

Boat Accident

San Diego boat accident attorney representing people injured on bays, lakes, and coastal waters in crashes involving powerboats, jet skis, sailboats, and tour or charter vessels.

Dog Bite

San Diego dog bite attorney representing adults and children attacked by dangerous dogs in homes, public spaces, and rental properties.

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Personal Injury FAQs

Straightforward answers to common questions about choosing a personal injury lawyer, legal fees, case value, lawsuits, settlements, and compensation under California law.

What You Should Know First

After a serious injury, the decisions made early in the case can affect the evidence, available insurance, legal deadlines, and ultimate recovery. At the same time, an injury may take months—or longer—to reveal its full impact.

Every case is different. The answers below provide general guidance about California personal injury claims, but the right approach depends on the facts, the parties involved, and the nature of the harm.

If you have questions about a specific incident, Hulburt Law offers free consultations with experienced personal injury attorneys.

Request a Free Case Review

Hiring a Personal Injury Lawyer

Do I need a personal injury lawyer?

Not every minor injury claim requires an attorney. But if you have suffered a serious or lasting injury because of someone else’s negligence, hiring an experienced personal injury lawyer can make an important difference.

A lawyer can preserve evidence, identify every potentially responsible party, evaluate the full extent of your losses, deal with insurance companies, and prepare the case for trial when necessary. Legal representation is particularly important when responsibility is disputed, multiple parties may be at fault, a business or government entity is involved, or the available insurance may be inadequate.

At Hulburt Law, we represent individuals and families facing life-changing injuries and wrongful death. Trial attorneys Conor and Leslie Hulburt personally handle every case while their clients focus on recovery.

When should I contact a personal injury lawyer?

As soon as reasonably possible. Important evidence can disappear quickly. Vehicles may be repaired, surveillance footage may be erased, physical conditions may change, and witnesses can become difficult to locate. There are also strict legal deadlines that may begin running immediately after an injury or death.

Early legal guidance can help preserve evidence, identify available insurance, prevent avoidable mistakes, and protect you when an insurance company requests a statement or offers an early settlement.

Hulburt Law offers free consultations to help injured people and their families understand their options.

Should I give a recorded statement to the insurance company?

You should generally avoid giving a recorded statement to the other party’s insurance company before speaking with a lawyer. You do not have a contractual duty to cooperate with that insurer, and the adjuster may ask questions about responsibility, your injuries, prior medical conditions, or treatment that can later be used to minimize or deny your claim.

Your own insurance company is different. Your policy may require reasonable cooperation, which can include providing a statement or, in some circumstances, appearing for an examination under oath. Even then, you can ask what is being requested, obtain legal advice, and arrange for your attorney to be present.

Give your insurer prompt and accurate notice of the incident, but do not guess, speculate, or minimize your symptoms. Before providing a recorded statement, learn more about the insurance claims process and how adjusters evaluate a claim.

How much does hiring a personal injury lawyer cost?

At Hulburt Law, there is no upfront attorney’s fee. We handle personal injury and wrongful death cases on a contingency-fee basis, meaning the attorney’s fee is a percentage of the settlement or verdict and is owed only if we obtain a recovery for you.

Personal injury cases may also involve costs for filing fees, medical records, depositions, investigators, and expert witnesses. The contingency-fee agreement explains the attorney’s fee and how case costs are advanced and reimbursed.

For a more detailed explanation, read about how contingency fees and costs work in a personal injury case.

How do I choose a personal injury lawyer?

Start by asking four questions.

Who will actually handle my case? At many firms, the lawyer you initially meet is not the lawyer who performs most of the work.

Have you tried cases to verdict? Insurance companies know which attorneys are willing and able to take a case to trial, and that knowledge can affect how they evaluate a claim.

How many cases do you handle at one time? A high-volume practice may depend on resolving many cases quickly rather than devoting substantial attention to each one.

What attorney’s fee will I pay, and what costs will come out of my recovery? Make sure the terms are clearly explained and provided in writing.

Contingency-fee percentages are often similar across firms, so you are not necessarily paying less for less personal attention. At Hulburt Law, Conor and Leslie Hulburt personally handle every case and prepare each one for trial.

Understanding Your Claim

Is there a time limit to bring a personal injury lawsuit?

Yes. California law imposes strict filing deadlines known as statutes of limitations. Most California personal injury and wrongful death lawsuits must be filed within two years of the injury or death.

Important exceptions can create much shorter deadlines. For example, a claim involving a California public entity generally must first be presented to the appropriate government entity within six months. Different rules may also apply depending on the injured person’s age, the identity of the defendant, the type of claim, and when the injury or its cause was discovered.

Because determining the correct deadline can be complicated, it is important to have the circumstances reviewed promptly. Learn more in our guide to the personal injury statute of limitations in San Diego.

What is my personal injury claim worth?

There is no reliable formula or online calculator that can determine the value of a serious personal injury claim.

The value depends on the nature and permanence of the injuries, medical expenses, lost income, diminished earning capacity, future care needs, physical pain, emotional suffering, and the ways the injury has changed the person’s life.

It also depends on the strength of the liability and medical-causation evidence, any comparative fault, the credibility of the witnesses, the available insurance and assets, and how persuasively the losses can be demonstrated.

At Hulburt Law, we take the time to understand the person behind the case and develop evidence that fully reflects the harm that occurred. You can review our past case results and learn more about the types of compensation available to personal injury victims.

What if I was partly at fault for my injury?

You may still recover compensation. California follows a rule known as pure comparative negligence. Your recovery is reduced by your percentage of responsibility rather than eliminated entirely.

For example, if your damages are $100,000 and you are found 20 percent responsible, you may still recover $80,000.

Insurance companies frequently try to place more responsibility on an injured person to reduce what they must pay. Evidence such as photographs, video, physical evidence, witness testimony, electronic data, and expert analysis may be needed to determine how the incident actually occurred. Learn more about proving liability in a personal injury case.

Who can a passenger bring a claim against after a car accident?

Passengers are usually not responsible for causing a collision. An injured passenger may bring a claim against any driver, company, or other party whose negligence contributed to the crash. That may include the driver of the vehicle in which the passenger was riding, even when that person is a friend or family member.

Most passenger claims are paid through liability insurance, although the legal claim is against the responsible person or entity. When responsibility is shared, the passenger may pursue more than one party.

Uninsured or underinsured motorist coverage may also apply when the available liability coverage is insufficient. In some cases, coverage may be available under more than one policy. Our San Diego car accident attorneys can identify the responsible parties and investigate every potentially available source of compensation.

Do I have to pay my medical bills while my case is pending?

A personal injury claim does not automatically pay or suspend your medical bills. Depending on the circumstances, bills may be submitted to health insurance, medical payments coverage under an automobile policy, workers’ compensation, or another available source.

Some medical providers may agree to defer payment under a medical lien. This means the provider treats the patient while the case is pending and is paid from the eventual recovery. A lien postpones payment; it does not eliminate the bill.

You may remain responsible for deductibles, copayments, uncovered charges, liens, and reimbursement claims. At Hulburt Law, we help clients identify available coverage, address billing issues, and negotiate medical liens and reimbursement claims when appropriate so that as much of the recovery as possible remains with the client.

Who receives the recovery in a wrongful death lawsuit?

California law determines who may bring a wrongful death claim. Under Code of Civil Procedure section 377.60, eligible claimants generally include the surviving spouse or domestic partner, children, and the children of any deceased child.

If none of those people exist, the claim may pass to the individuals who would inherit the deceased person’s property under California’s intestate succession laws. Certain financially dependent family members, including parents, stepchildren, and a putative spouse, may also qualify.

All eligible heirs ordinarily participate in one joint wrongful death claim rather than bringing separate lawsuits. If the family cannot agree on how to divide a recovery, the court may allocate it according to each person’s actual loss, including financial dependence and the nature of the relationship.

A related survival action belongs to the deceased person’s estate and is distributed according to the will or applicable inheritance law. Our guides explain who can file a wrongful death claim and the full wrongful death legal process.

Lawsuits, Settlements, and Trial

How long will my personal injury case take?

The time required to resolve a personal injury case depends on the injuries, the complexity of the facts, the number of responsible parties, the amount of available insurance, and whether a lawsuit and trial are necessary.

A serious injury claim generally should not be resolved until the client’s condition has stabilized or the medical evidence allows future care and long-term consequences to be evaluated reliably. Resolving a claim too early can mean accepting compensation before the full extent of the harm is known.

Investigation, medical records, expert analysis, depositions, discovery disputes, settlement negotiations, and court scheduling can also affect the timeline. Some claims resolve through negotiations before a lawsuit is filed. Many San Diego lawsuits resolve approximately 12 to 24 months after filing, although complicated cases and cases that proceed to trial can take longer.

Our guide to the legal process for a lawsuit in San Diego explains the major stages.

Will my case go to trial?

Most personal injury cases resolve through settlement rather than trial. Whether a particular case should settle depends on the evidence, the amount offered, the available insurance and assets, the risks of litigation, and the client’s goals.

A case may need to proceed to trial when the defense disputes responsibility, minimizes the injuries, or refuses to offer fair compensation. Preparing the case thoroughly from the beginning often creates the best opportunity for a fair settlement because the defense understands that the attorneys are ready to present the evidence to a jury.

At Hulburt Law, Conor and Leslie Hulburt personally prepare every case for trial while helping the client make informed decisions at each stage. Learn more about settlement versus trial in personal injury cases.

What happens after a deposition?

A deposition is often a turning point rather than the end of a case. Afterward, the court reporter prepares a written transcript. Unless transcript review was waived, the witness generally has 30 days after receiving notice that the transcript is available to review it, sign it, and submit any appropriate changes.

Both sides then reassess the case. A deposition often gives the defense its first meaningful opportunity to evaluate the injured person as a witness. A client who is honest, credible, and consistent may affect the defense’s evaluation more than any single document.

Discovery usually continues after the client’s deposition and may include additional witness depositions, expert analysis, expert depositions, and mediation. Many cases resolve after the important depositions because both sides have enough evidence to evaluate the risks more realistically. If the case does not settle, it continues toward trial.

Our guide to the legal process for a lawsuit in San Diego explains each phase.

What happens if I reject the insurance company’s settlement offer?

Rejecting an ordinary settlement offer does not end your claim. Your lawyer may make a counteroffer, provide additional evidence, continue negotiating, file a lawsuit, or continue preparing an existing lawsuit for trial.

An offer may expire or be withdrawn, however, and some formal settlement offers can have important consequences. For example, rejecting an offer made under California Code of Civil Procedure section 998 may affect the recovery of litigation costs if the eventual result is not more favorable.

Initial offers are often made before the full extent of the injuries and losses has been documented. Every offer should be evaluated in light of the evidence, the available insurance and assets, the costs and risks of continued litigation, and the likely range of outcomes.

Once an offer is accepted and a release is signed, the settlement is generally final, even if the person’s condition later worsens. Before responding to an offer, it is helpful to understand the insurance claims process and how adjusters evaluate a claim.

How long after settlement will I receive my money?

After a settlement is reached, the client generally signs a settlement agreement and release. The insurer then issues the settlement check, which is deposited into the law firm’s client trust account.

Before the remaining funds can be distributed, the firm may need to confirm that the check has cleared, resolve medical liens and insurance reimbursement claims, and reimburse case costs advanced during the representation. The amount of time required depends largely on the number and complexity of the outstanding liens and claims.

When the settlement is ready for distribution, the client receives a written settlement statement showing the total recovery, attorney’s fee, reimbursed case costs, payments made to lienholders or other parties, and the net amount paid to the client.

You can learn more about the legal process for a lawsuit in San Diego.

Are personal injury settlements taxable?

Compensation received for personal physical injuries or physical sickness is generally excluded from federal taxable income. This commonly includes compensation for pain and suffering that results from a physical injury.

There are important exceptions. Punitive damages and interest on a judgment are generally taxable. A person may also owe taxes on compensation for medical expenses that were deducted on a prior tax return. Emotional-distress damages may be taxable when the emotional distress did not result from a physical injury or physical sickness.

The allocation of a settlement may affect its tax treatment, although the allocation should be consistent with the claims and losses actually being resolved. Review IRS Publication 4345 for additional information and consult a qualified tax professional about your specific circumstances.

Looking for Answers Related to Your Specific Case Type?

Visit our practice-area pages for additional information and FAQs tailored to different types of personal injury and wrongful death cases.

Construction Accident

Dangerous Road Conditions

Boat Accident

Dog Bite

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