Frequently Asked Questions (FAQ)
At Cohn & Swartzon, our Personal Injury Frequently Asked Questions page is designed to provide clear, helpful answers for those navigating life after an accident. We understand that suffering an injury in an accident can leave you with more questions than answers.That’s why we’ve put together this comprehensive FAQ page—to answer your most common personal injury questions and help you feel confident moving forward. Whether you're in Santa Ana, Tulare, or anywhere in California, our attorneys are here to guide you.
Do I have a personal injury case?
If you were hurt because someone else acted carelessly or failed to act, you may have a valid personal injury claim. This includes situations like car accidents, motorcycle crashes, slip and falls, and dog bites. To determine if you have a case, we recommend speaking with one of our experienced injury attorneys during a free consultation. We’ll review the facts, explain your legal options, and help you decide on your next steps.
If you were hurt because someone else acted carelessly or failed to act, you may have a valid personal injury claim. This includes situations like car accidents, motorcycle crashes, slip and falls, and dog bites. To determine if you have a case, we recommend speaking with one of our experienced injury attorneys during a free consultation. We’ll review the facts, explain your legal options, and help you decide on your next steps.
Frequently Asked Questions for Our Santa Ana & Tulare Personal Injury Lawyers
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What should I do after a car accident in California?
After a car accident in California, prioritize safety and medical care. Then:
Take photos of the scene and any damage
Exchange insurance and contact information
Get a police report
Avoid discussing the accident with insurance adjusters without legal guidance
Lastly, contact a trusted California car accident lawyer like Cohn & Swartzon to help protect your rights and build your case.
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Can I still get compensation if I was partially at fault?
Yes. Under California’s comparative fault laws, you may still receive compensation even if you were partially responsible for the accident. However, your total recovery may be reduced by your percentage of fault — but you’re not automatically disqualified. Let Cohn & Swartzon Injury Attorneys assess your case and fight for a fair outcome.
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What if the at-fault party doesn’t have insurance?
Even if the at-fault party is uninsured, you may still have options for pursuing compensation. In many cases, your own uninsured or underinsured motorist coverage (UM/UIM) can step in to cover your medical expenses, lost income, and other damages.
At Cohn & Swartzon, we help clients navigate these situations by reviewing your insurance policy, identifying available coverage, and advocating on your behalf. If necessary, we can also explore third-party liability or other legal strategies to help you recover what you’re owed.
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Can I still file a personal injury claim if I didn’t go to the hospital right away?
Yes, you can — but timing matters. Delaying medical treatment doesn’t automatically disqualify your claim, but it can give insurance companies an excuse to question the seriousness of your injuries. The sooner you seek care, the stronger your documentation and the clearer the link between the accident and your medical condition.
At Cohn & Swartzon, we understand that not everyone rushes to the hospital after an incident — especially if symptoms show up days later. We help build your case with medical evaluations, treatment records, and expert input to ensure your rights are fully protected.
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Do I need a lawyer if the insurance company already offered me a settlement?
Before accepting any settlement, it’s always a good idea to speak with a personal injury attorney. In many cases, insurance companies offer low initial payouts that fail to reflect the full extent of your medical bills, lost income, or long-term needs. By speaking with an attorney early, you protect yourself from signing away your rights for far less than you deserve.
At Cohn & Swartzon, we take the time to review your settlement offer, explain your legal options, and determine whether it truly meets your needs. If it doesn’t, we’re ready to negotiate on your behalf and pursue a stronger result — all at no upfront cost to you.
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Should I replace seat belts and car seats after an accident?
Many people have no idea that the National Highway Traffic Safety Administration (NHTSA) recommends that any seat belts that were in use (either by a passenger or installed car seat, occupied or not) should be replaced. In fact, many automobile manufacturers recommend (review your manual) replacing all seat belts in their cars after an accident, whether they were utilized by a passenger or not.
Seat belts, like car seats and airbags, are considered by NHTSA to be single‑use items and should be replaced after a crash. These are damages that the responsible party should be responsible for paying (or your insurance company if the at-fault party was uninsured) pursuant to Insurance Code sec. 11580.011 and Vehicle Code sec. 27362.
At Cohn & Swartzon, we realize that there are many important recoverable costs, such as costs for seat belts and car seats, that our clients are entitled to receive.
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What should I do first after I experience an injury?
The first thing to do after an injury, regardless of the cause, is to assess your situation. If there is any doubt about the seriousness of your injuries, call 911 for help, as many injuries may be worse than expected.
Regardless of how you feel after the accident, it is always a wise decision to consult with a medical provider to determine the extent of your current injuries and assess possible future injuries. Many people feel fine right after a car accident, slip and fall, or other accidents. Soon after, however, they realize they are hurt.
Waiting can cause further injury which could have been avoided by seeking medical attention. After an injury, you must focus on protecting your health and legal rights.
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How long do I have to file a personal injury claim in California?
The statute of limitations for most California personal injury claims is two years from the date of the accident or injury. If you miss this deadline, you may lose your right to seek compensation. Therefore, it’s important to speak with a personal injury attorney as soon as possible to protect your claim.
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How is pain and suffering calculated in a personal injury case?
Unlike medical bills or lost wages, pain and suffering damages are more subjective and often depend on the severity of your injuries, the impact on your daily life, and the duration of your recovery. In many cases, insurance companies use a multiplier method, which applies a number to your economic damages based on how serious your pain and emotional distress are.
At Cohn & Swartzon, we work closely with medical experts, your treatment team, and real-life documentation (like pain journals or therapy notes) to present a compelling case for non-economic damages. Our goal is to ensure that your full experience is taken into account — not just the parts that come with a receipt.
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What types of damages can I recover in a personal injury case?
You may be eligible to recover:
Medical expenses (past and future)
Lost wages and reduced earning capacity
Pain and suffering
Emotional distress
Property damage
Punitive damages (in certain cases)
Our team will help calculate the full extent of your losses and pursue maximum compensation.
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Can I still get compensation if I was partially at fault?
Yes. Under California’s comparative fault laws, you may still receive compensation even if you were partially responsible for the accident. However, your total recovery may be reduced by your percentage of fault — but you’re not automatically disqualified. Let Cohn & Swartzon Injury Attorneys assess your case and fight for a fair outcome.
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How long does a personal injury case take?
Depending on the case, some personal injury claims settle in just a few months, while others may take over a year. This often depends on factors such as injury severity, ongoing medical treatment, and the complexity of insurance negotiations. Throughout the process, Cohn & Swartzon keeps you informed and works efficiently to secure the compensation you need — all without sacrificing results.
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Is a personal injury settlement or judgment taxable?
Sometimes, a personal injury award or settlement can have tax consequences. This is true if a portion of the award or settlement is to compensate you for past, present, or future loss of earnings.
It is important that the law firm you select be aware of these potential consequences and that you seek the advice of a certified public accountant (CPA) and possibly even a tax attorney to understand how an award or settlement may impact you and your family.
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How much does it cost to hire a personal injury attorney in California?
At Cohn & Swartzon Injury Attorneys, there are no upfront costs to hire us. In fact, we work on a contingency fee basis, meaning you don’t pay anything unless we win your case. As a result, injured individuals can seek justice without the added stress of legal fees. Additionally, your initial consultation is always free, giving you a risk-free opportunity to learn more about your options.
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Do I need a lawyer if the insurance company already offered me a settlement?
Before accepting any settlement, it’s always a good idea to speak with a personal injury attorney. In many cases, insurance companies offer low initial payouts that fail to reflect the full extent of your medical bills, lost income, or long-term needs. By speaking with an attorney early, you protect yourself from signing away your rights for far less than you deserve.
At Cohn & Swartzon, we take the time to review your settlement offer, explain your legal options, and determine whether it truly meets your needs. If it doesn’t, we’re ready to negotiate on your behalf and pursue a stronger result — all at no upfront cost to you.
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When does an attorney-client relationship officially begin?
While our offices are based in Santa Ana and Tulare, we proudly assist injury victims across the entire state of California. Thanks to modern technology, we’re able to handle consultations, case updates, and document reviews remotely — making it easy for you to get legal help no matter where you’re located.
In most cases, an attorney-client relationship is formally established when both you and the law firm sign a written fee agreement. This agreement outlines the scope of representation, the terms of payment, and the responsibilities of both parties. Until that agreement is signed, preliminary conversations or consultations do not necessarily create a binding legal relationship.
At Cohn & Swartzon, we take this process seriously to ensure clarity, transparency, and trust. Once the fee agreement is signed, you officially become our client—and we begin working on your behalf to protect your rights and pursue the compensation you deserve.
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Can I switch lawyers if I’m not happy with my current personal injury attorney?
Yes, you can. In California, you have the legal right to change attorneys at any point during your case if you’re not satisfied with the representation. Whether it’s due to poor communication, lack of progress, or a change in trust, you are not locked in permanently.
At Cohn & Swartzon, we often assist clients who have transitioned from other firms. Once we review your case file, we handle the legal logistics of switching representation, ensuring a smooth handoff so your claim stays on track — and your rights stay protected.
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What is a contingency agreement?
A contingency fee is an agreement whereby the client pays no fees unless and until there is a recovery in the lawsuit. Such fees are usually based on a percentage of the proceeds. Such agreements may also be dependent upon various factors including the nature and complexity of the matter, the risk involved, the cost in pursuing the matter, and the likelihood of success.
The benefit of a contingency agreement is two-fold. First, you don’t receive a monthly bill from your attorney for the time spent on the case. Second, if there is no recovery, there is no fee! At Cohn & Swartzon, we operate on contingency, and you will never pay any attorneys fees to Cohn & Swartzon if there is no recovery.
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How do I select the right personal injury law firm?
Not too big, not too small - make sure you find a law firm that is just right for you. Choosing the right firm is extremely important because not all law firms are created equal. Some of the distinguishing factors to look for include finding attorneys that provide personal attention and do not merely shift the case to someone else to perform the work. Also, listen to your instincts and ensure that the attorneys are honest, ethical, and upfront with you.
At Cohn & Swartzon, we are willing to provide direct answers to your questions. Finding an attorney can be similar to finding the right physician, it is a relationship that is based on trust, confidence, and open communication.
Beware of attorneys that promise specific results and tell you what you want to hear, just to obtain your business. We invite you to meet one of our attorneys in person so we can show you firsthand our commitment to our clients.
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What types of cases does Cohn & Swartzon handle?
We handle a wide range of personal injury claims, including car accidents, slip and falls, wrongful death, dog bites, and catastrophic injuries. If you’re unsure if we can help—just ask!
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Why choose Cohn & Swartzon Injury Attorneys?
Before accepting any settlement, it’s always a good idea to speak with a personal injury attorney. In many cases, insurance companies offer low initial payouts that fail to reflect the full extent of your medical bills, lost income, or long-term needs. By speaking with an attorney early, you protect yourself from signing away your rights for far less than you deserve.
At Cohn & Swartzon, we take the time to review your settlement offer, explain your legal options, and determine whether it truly meets your needs. If it doesn’t, we’re ready to negotiate on your behalf and pursue a stronger result — all at no upfront cost to you.
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Can I switch lawyers if I’m not happy with my current personal injury attorney?
Yes, you can. In California, you have the legal right to change attorneys at any point during your case if you’re not satisfied with the representation. Whether it’s due to poor communication, lack of progress, or a change in trust, you are not locked in permanently.
At Cohn & Swartzon, we often assist clients who have transitioned from other firms. Once we review your case file, we handle the legal logistics of switching representation, ensuring a smooth handoff so your claim stays on track — and your rights stay protected.
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What should I bring to my free consultation with Cohn & Swartzon?
Bring any documentation related to your injury: medical records, police reports, insurance details, photos of the scene, and communication with insurers. The more information you provide, the better we can evaluate your case.
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Can you help clients elsewhere in California?
While our offices are based in Santa Ana and Tulare, we proudly assist injury victims across the entire state of California. Thanks to modern technology, we’re able to handle consultations, case updates, and document reviews remotely — making it easy for you to get legal help no matter where you’re located.
In most cases, an attorney-client relationship is formally established when both you and the law firm sign a written fee agreement. This agreement outlines the scope of representation, the terms of payment, and the responsibilities of both parties. Until that agreement is signed, preliminary conversations or consultations do not necessarily create a binding legal relationship.
At Cohn & Swartzon, we take this process seriously to ensure clarity, transparency, and trust. Once the fee agreement is signed, you officially become our client—and we begin working on your behalf to protect your rights and pursue the compensation you deserve.
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Do you take personal injury cases in Tulare and the surrounding areas?
Yes, we do! Our team is proud to serve Tulare and nearby areas like Visalia, Porterville, and Dinuba. If you’ve been hurt in a car crash, at work, or anywhere else because of someone else’s actions, we’re here to help you understand your rights and options.
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What kinds of accidents and injuries do you help with in Tulare?
We handle a wide variety of personal injury cases in Central California, including:
Car accidents (rear-end, T-bone, head-on, freeway collisions)
Truck and semi-truck crashes
Motorcycle accidents
Farm and agricultural work injuries
Slip and fall / trip and fall incidents
Dog bites and animal attacks
Pedestrian and bicycle accidents
Rideshare accidents (Uber/Lyft)
Wrongful death claims
Catastrophic injuries like traumatic brain injuries, spinal cord injuries, severe burns, and fractures
Not sure if your case qualifies? Just give us a call or send us a message—it’s always free to ask.
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How can I set up a free consultation if I live in Tulare?
It’s easy! You can call us, message us through our website, or stop by our local office. We’ll walk you through your options with zero pressure. We’re happy to chat, even if you’re just exploring your next steps. We offer free, no-obligation consultations in person, over the phone, or virtually—whatever works best for you.
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Why do Tulare families choose Cohn & Swartzon?
We bring the strength of a seasoned legal team with the heart of a local neighbor. We’re responsive, compassionate, and focused on getting real results for people in Tulare who’ve been hurt. You won’t get passed around—you’ll get real answers, real support, and a team that has your back.
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¿Atienden casos de lesiones personales en Tulare y el Valle Central?
¡Sí! En Cohn & Swartzon nos enorgullece servir a la comunidad de Tulare, así como a ciudades cercanas como Visalia, Porterville y Dinuba. Si usted o un ser querido ha resultado herido en un accidente de auto, en el trabajo, o por la negligencia de otra persona, estamos aquí para ayudarle. Hablamos español y ofrecemos consultas gratuitas para que conozca sus derechos sin compromiso.
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How does the current economic crisis affect my insurance claim?
Insurance companies typically make a portion of their profits from investing the premiums paid by their policyholders. Insurance companies invest in the stock market and other markets that historically offer a good rate of return. Consequently, when the return on their investments suffers, so does their ability and willingness to pay claims.
Along with other factors, what this means to the claimant is that insurance companies are now, more than ever, tightening their belts and disputing even more claims. So, when researching what law firm will best represent you, make sure you know that the firm understands the big picture and is willing and prepared to fight hard to maximize your claim.
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How does increased vehicle safety affect my claim?
The days of the large, heavy steel cars are quickly coming to an end. Nowadays, cars are being designed and constructed with crush zones, where the car itself helps absorb the energy of a front or rear impact instead of the passengers. Cars also have numerous airbags to further protect passengers. Thus, as a matter of simple economics, it is less expensive for the insurance industry to fix or declare a car a total loss, than it is to pay potentially hundreds of thousands in medical bills alone, thereby saving the insurance industry a tremendous amount of money.
With safer cars, the insurance industry also attempts to categorically argue, often without a medical examination, that your injuries could not be as severe as you claim. Make sure the law firm you hire understands the dynamics of an automobile crash and the impact on the passengers. At Cohn & Swartzon, we often have bio-mechanical and accident reconstruction experts available to counter the insurance company’s arguments against you.
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What is a release of claims?
A general release is a written agreement whereby a claimant releases (or gives up) some or all claims he or she may have against another person or entity in exchange for something, usually the payment of money. This is generally a short form that is used to settle property damage or personal injury claims.
It is extremely important to read and understand the exact terms of the release before signing, so you do not release or give up claims you may have, or agree to things you may not be aware of. For example, in settling your claim for property damage to your vehicle, make sure you are not giving up your rights to pursue a claim for your personal injuries which can be easily included and hidden within the release agreement.
When in doubt, always have a law firm review the release before signing.
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Am I properly insured?
One of the most important things for a driver or vehicle owner to do, especially in California, is to make sure you are properly insured. There is a common misconception that car insurance is “one size fits all” and if you have “full coverage” you are totally protected and have nothing to worry about. This is not correct. Unfortunately, it is also one of those things you don’t think about until AFTER something bad happens. Insurance is essential to protect you and your family’s assets.
If you’re at fault in an accident that is covered by your policy, and other people (or property) are injured or damaged, liability coverage helps protect you from the cost of these damages. However, if you are involved in an accident and the other party incurs monetary damages that exceed your policy limits, you may be held personally responsible to pay for these damages. This may force you and your family into economic turmoil. You may be forced to sell your home, car, income property, or valuables.
With proper coverage, you can guard the valuable assets you’ve worked hard to collect (such as your home, retirement funds, stock or bond investments, etc.). Without proper coverage, those assets could be lost. In cases of accidents involving these factors, it is best to have an experienced personal injury law firm like Cohn & Swartzon LLP working with you to protect your legal rights and assets.
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Do I need uninsured and/or underinsured motorist coverage?
At a minimum, everyone in California should have some uninsured/underinsured motorist coverage. Generally, uninsured/underinsured motorist coverage should be the same (or similar) limits to your liability coverage. Uninsured motorist coverage will cover you when you have an accident with someone who does not have insurance but is legally responsible for your injuries.
This type of coverage also applies to hit-and-run situations. An underinsured motorist policy will cover you when you have an accident with someone who has liability insurance with limits that are lower than your uninsured motorist coverage limits. In cases of accidents involving these complicated types of insurance, it is best to hire and experienced firm that understands these issues.
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What are some tactics that insurance companies use?
Delay, Deny and Defend. Insurance companies are in business to make money and please shareholders. These companies systematically deny coverage of valid claims in order to boost their bottom line, often rewarding employees for denying valid claims.
People often make the mistake of thinking they can simply handle claims with insurance companies on their own. What they don’t realize is that insurance companies attempt to delay dealing with claims in hopes that the average person will give up and eventually just go away.
Insurance companies (even a claimant’s own insurance company) routinely take advantage of unrepresented claimants with falsehoods, false promises, and false facts. These companies use “insurance speak” to confuse consumers.
They improperly provide “advice” and use strong-arm tactics to get claimants to go away or to agree to a settlement for pennies of what the claim is worth. Even if you think you are successful at dealing with insurance adjusters, they may simply be setting you up to defend a case against you, even if the other person is 100% at fault.
You need a law firm like Cohn & Swartzon that understands the insurance company tactics and will properly handle your claim to maximize your recovery.
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Should I accept the insurance company's first offer?
Even if you are able to get a settlement offer from an insurance company for your injuries, pain or even your property damage, they might be trying to settle quickly because they know that you are entitled to additional recovery.
If you settle too early, you may be forever barred from any additional recovery, even if you have additional injuries, pain or have discovered more damage to your property related to the same accident. Hiring the right attorneys can ensure you receive every penny you deserve.
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What is Gap insurance?
Gap insurance insures a person for the difference between what you owe on a vehicle and what an insurance company determines is the vehicle’s fair market value. This insurance is a must for someone who is considering purchasing a new vehicle since a new vehicle depreciates right after it is driven off the dealer’s lot.
Depending on the policy, gap insurance usually covers accidents and thefts, but not all policies are the same, so it’s a good idea to evaluate the coverage being offered before purchasing gap insurance.
Why We Created This FAQ Guide
Ultimately, these insights are carefully crafted to provide clarity, foster trust, and equip you with the knowledge needed to make an informed decision. Whether you’re just beginning your legal journey or seeking a second opinion, our goal is to empower you with the confidence to determine if Cohn & Swartzon is the right legal team to stand by your side.
Additionally, if you have further questions or want to discuss your situation in detail, contact us directly for a free case evaluation.
Schedule Your Free Consultation
At Cohn & Swartzon, we take cases on a contingency basis, meaning that we only get paid if you do.
We invite you to contact us anytime for a free consultation to discuss the specifics of your case.
We believe in treating every client and prospect with the care, respect, and dignity you deserve, and we’re here to provide you with the personalized attention you need.
Don’t hesitate to take the next step toward getting the compensation you deserve. Remember, you are worthy of healing and justice.