Category Archives : Personal Injury

  • July 22, 2026

    How to Increase a Personal Injury Settlement

    Key Takeaways Seeking medical care immediately after an injury eliminates gaps that insurers use to minimize your claim. Evidence, including photos, records, and witness accounts, forms the foundation of a strong settlement demand. Emergency department costs in large metro areas reached $42 billion in 2021, making documentation critical. California law gives injury victims 2 years...

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  • July 9, 2026

    How Much Will Medicare Take From My Settlement?

    Key Takeaways: Medicare can only recover payments made for medical treatment directly tied to your specific injury. Attorney's fees and costs reduce Medicare's lien through a proportionate share formula. Non-medical damages like pain and suffering and lost wages are not subject to Medicare's claim. Medicare's Conditional Payment Letter is a starting figure, not a final demand, and c...

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  • June 18, 2026

    How Much Can I Sue for Emotional Distress in California?

    Key Takeaways California sets no strict cap on emotional distress damages in most personal injury cases. Compensation depends on the severity of psychological harm, supporting evidence, and how injuries affect daily life. NIED arises from negligence, while IIED requires proof of extreme or outrageous intentional conduct. Attorneys use the multiplier method or per diem method to ca...

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  • June 10, 2026

    Are Personal Injury Settlements Taxable in California?

    Key Takeaways Under IRC §104, compensatory damages for physical injuries or sickness are generally not taxed at the federal level. Punitive damages are always taxable, regardless of whether the underlying claim involved a physical injury. Emotional distress damages are tax-exempt only when they originate directly from a physical injury or physical sickness. If you previously deduct...

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  • June 9, 2026

    What Are Compensatory Damages in a California Personal Injury Case?

    Key Takeaways Compensatory damages are designed to financially restore injured victims for losses caused by another party's negligence. Economic damages cover verifiable out-of-pocket losses, including medical bills, lost wages, and property damage. Non-economic damages address subjective losses like pain, emotional distress, and loss of enjoyment of life. California generally pla...

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