Abigail Grifno is a writer and teacher based out of the Washington, DC metro area. With experience in legal non-profit organizations, Abigail works to ensure everyone has access to the legal information needed to make informed decisions in their daily lives. As a writer, Abigail has had work featured in the Washington City Paper, Bethesda Magazine and others. With a Master's in Teaching English, Abigail believes effective communication is at the forefront of problem-solving in the legal sphere and beyond.
Abigail Grifno
Abigail Grifno is a writer and teacher based out of the Washington, DC metro area. With experience in legal non-profit organizations, Abigail works to ensure everyone has access to the legal information needed to make informed decisions in their daily lives. As a writer, Abigail has had work featured in the Washington City Paper, Bethesda Magazine and others. With a Master's in Teaching English, Abigail believes effective communication is at the forefront of problem-solving in the legal sphere and beyond.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Whether you’ve lived in Fresno all your life or have just moved down, you’ve likely fallen in love with the Raisin Capital of the World and all that it has to offer.
Unfortunately, if you’ve experienced an injury, it can be difficult to enjoy all the beauty of the Underground Gardens or the Fresno Museum. If someone else’s negligence or fault caused your injury, then you deserve compensation.
We’ve rounded up some of the city’s most acclaimed personal injury lawyers, along with advice to make a challenging injury a bit easier.
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Best Personal Injury Attorneys in Fresno
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Filing a Personal Injury Lawsuit in California
When you are filing a personal injury lawsuit in California, you want to consider the type of suit you have, how long you have to file and what laws might affect your case. Personal injury issues can be complicated, but with research and the assistance of a skilled attorney, you may be able to get compensated for any injuries or suffering caused by negligence or fault.
California Statute of Limitations
A statute of limitations is the amount of time you have to file a case. All civil cases have a statute of limitations which helps ensure that both the plaintiff and defendant can reasonably find witnesses and evidence for their case.
In California, the statute of limitations for personal injury is two years from the injury. Thus, for instance, if you were injured in a car accident on June 5th, 2022, you would have until June 5th, 2024, to file your case. The case doesn’t need to be resolved by this time—the time for a case to be settled or go to trial can greatly depend on the complexity of the case–but the claim must be initiated by the deadline.
There are a few exceptions to the personal injury statute of limitations. Exceptions include if the victim was a minor or if the injury was not immediately discovered. Traumatic brain injuries, for instance, do not always show initial symptoms and can remain undiscovered for months or even years. In situations like this, the victim has one year from the discovery of the injury to file charges.
The statute of limitations may seem like a long time, but remember that having fresh evidence and witnesses is always helpful. If you plan to file charges, it’s a good idea to make arrangements and begin speaking with an attorney sooner rather than later. This is especially important with personal injury cases, as memories and even some records can be lost to time, leaving you little to defend your case with.
Types of Personal Injury Cases in California
Personal injury is a very broad term, but it generally applies to anyone who may have suffered, either physically or emotionally, from someone else’s negligence.
There are three main situations that may warrant a personal injury claim. These include:
- Accidental injuries, where someone’s mistake results in personal injury. This includes medical malpractice, when a practitioner accidentally causes you harm. Slip and fall accidents are also included.
- Strict liability claims occur when someone’s action or inaction causes you harm. For instance, if you are in an accident due to faulty brakes, you may be able to hold the car shop liable.
- Intentional torts occur when someone injures you on purpose, such as in an assault case.
In a personal injury case, you are likely suing an individual or company for wrongdoing or liability. In these situations, you can sue for medical bills, lost wages and emotional distress. In some situations, compensation may not be enough, and if the defendant is proven guilty, they may also face punitive measures, such as loss of their license in a medical malpractice case.
California Personal Injury Laws
Like any state, there are a number of laws that apply to personal injury cases. Since personal injury includes a vast number of situations, it’s important to talk with your lawyer to understand what laws may or may not apply to your case. Here are some important aspects that generally apply to all personal injury cases:
- Pure comparative negligence. In California, you can still file a lawsuit even if you share part of the blame for your injuries. For instance, if someone ran a stoplight and hit you, but you were speeding, you may be found partially responsible for your injuries. In this case, you can demand compensation, but may find that you are unable to recover the total cost of the damages. Under pure comparative negligence, if the defendant bears any of the blame, even if only a small amount, you can sue them for those damages.
- Lawsuit caps. In California, there are caps for non-economic damages, which are usually damages considered as pain and suffering. If you are an uninsured driver—although insurance is mandated in order to register a vehicle—you may not be able to recover additional compensation for pain and suffering. Similarly, in medical malpractice cases, an individual may only sue up to $350,000 for non-economic damages.
- Dog bite liability. In California, the owner of a dog is liable for the dog bite so long as the damages were caused by the bite and the victim was in a public place or lawfully in a private place. While owners are liable for a dog bite, they may not be liable for other injuries, even if their dog was involved. For instance, if a dog jumped on a child who then fell and hurt their head, the dog owner may not be considered liable.
- Slip and fall coverage. Property and business owners in California generally have an obligation to keep their buildings or homes safe. If you slip and fall in a store or other business, you may be able to file an insurance claim under the company’s commercial liability insurance coverage. If you fall at someone’s house, similarly, you also may be able to file a claim under their homeowner’s insurance policy.
How Can an Attorney Help You?
A qualified attorney can make the process of filing a personal injury case a lot smoother. Once you find an attorney who meets your needs, they can help you with the filing and mediation process and take your case to court if a settlement is unable to be reached.
Attorneys generally have experience handling different personal injury cases and may be able to determine what settlements are reasonable and how to fight insurance companies for fair compensation.
An attorney will also help you gather any necessary evidence and create a strong case for you. By working with an attorney, you can feel confident that every step is being completed correctly, and it can raise your chances of having a positive outcome.
In California, personal injury attorneys usually work on contingency, which means that they receive a portion of the settlement or verdict as payment. This means that, as the plaintiff, you will only have to pay filing fees. If you are unable to receive compensation, you will not owe the lawyer anything. Thus, there’s almost no risk to hiring a lawyer and lawyers are only incentivized to work on cases they believe will produce a settlement or verdict.
While you won’t have to pay your attorney upfront, you are required to give them part of your settlement or verdict if won. Generally, lawyers take about 33% of the compensation, but this number can vary. For this reason, some individuals opt to file the case by themselves.
Filing by yourself can be a little more complicated and requires you to learn the law and be able to defend your case. If you have some familiarity with the law, or a willingness to learn, this can be a good option. Still, mediators and judges will hold you to the same high standard they hold lawyers, and you may find yourself at a disadvantage if the defendant has legal representation. The benefit of filing yourself is that, if the case is settled or won, you keep the entirety of the compensation.
How to Find the Best Personal Injury Lawyer in Fresno, CA
When it comes to finding a lawyer, you want to be as thorough as possible to find the perfect fit. In Fresno, there are many great lawyers, but each has their own style and specialities. We always recommend meeting with a few lawyers to get a sense of what it will be like working with them. Consider the following when finding the right lawyer for your case.
- Experience and qualifications. Nothing can quite beat experience, and if you have a complicated or high-value case, you want to find an attorney who has handled similar cases to yours or has a proven track record. Lawyers should be able to discuss their past case results and any awards or additional qualifications they have earned. Furthermore, not all lawyers have trial experience. While most personal injury cases result in a settlement, you want a lawyer who is capable of going to trial if it is needed.
- Recommendations. In a city as big as Fresno, it may be time-consuming and overwhelming to research every lawyer you come across, which is why we recommend connecting with friends and family. Your network may have valuable personal experience working with lawyers in the area and can be a good place to start.
- Their process and fees. California has fairly high contingency fee rates, and you should consider this as you research lawyers. Lawyers also have different workflows or expectations of the process; some may expect you to be more available than others, or some may be more or less aggressive when seeking a settlement. When you first consult with your lawyer, you’ll want to get a feel for the process, what they expect from you, and what contingency fee they plan to take.
- Your intuition. Lastly, you should always trust your gut when it comes to finding the right lawyer. You’ll want a lawyer who feels invested in the outcome of your cases and is communicative throughout the process. If you’re unsure if you and your lawyer will get along professionally, it may be a sign to look elsewhere.
Methodology
To come up with the Best Personal Injury Lawyers in Fresno in 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What is a personal injury case in California?
Personal injury is a broad term that covers any accidental injury that occurs from negligence or a professional failing to uphold a safety obligation. For instance, if you were bitten by a dog, you may file a claim against the owner for failing to ensure their dog was safe in public. Or, if you fall in a store due to an unmarked spill, you may be able to file a claim against the business.
Common personal injury cases include car accidents, medical malpractice, faulty products, slip and falls, dog bites and more.
How long does it take to settle a personal injury case in California?
The timeline for a personal injury case can vary greatly depending on a number of factors. For instance, there can be delays when it comes to gathering evidence, witness statements or simply processing paperwork.
Generally, when a case settles, it can take anywhere from a few weeks to a few months.
However, if a settlement cannot be reached, then both the plaintiff and defendant will have to prepare for trial, adding on additional delays and waiting times. These cases can take, at most, several years to be fully resolved.
Your lawyer will have insight into how long the case may take in your jurisdiction, and they can also help the case move along quickly through their own diligence and efforts.
How much can you sue for in a personal injury case in California?
In California, you can sue for however much you believe you are entitled to for economic damages. If you are able to prove medical bills, loss of employment or other damages, then it is reasonable for you to sue for that amount.
Pain and suffering, or the emotional damage you endured from a personal injury, can be more difficult to quantify. For most cases, there is no cap on the compensation you can demand for emotional damages, but once again, you may have to prove that the requested amount of compensation is necessary.
California limits pain and suffering damages for medical malpractice cases at $350,000. Uninsured drivers in California who are injured in an accident are unable to sue for pain and suffering following a personal injury from a car accident.
