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Gingery Hammer & Associates LLP

Personal Injury Answers

Frequently Asked Questions

The most common questions we hear from injured Californians — and honest, direct answers from our trial attorneys.

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Every claim is pursued for its full value, so recoveries reflect what an injured family actually needs.

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Proven preparation keeps cases moving efficiently, so questions get real answers and nothing gets overlooked.

Topic 01

Types of Insurance Coverage Available in a Personal Injury Case

Multiple layers of insurance may apply to a single injury. We investigate every available policy so no source of recovery is left on the table.

Liability coverage

The at-fault party's liability insurance is usually the primary source of recovery. It pays for injuries and damages you suffered because of their negligence, up to the policy's limits.

Uninsured & Underinsured Motorist (UM/UIM) coverage

If the at-fault driver has no insurance — or too little insurance to cover your injuries — your own UM/UIM coverage steps in. This is one of the most important protections a California driver can carry.

Medical Payments (MedPay) coverage

MedPay is optional auto coverage that pays your medical bills regardless of who was at fault. It can cover deductibles, co-pays, and treatment your health insurance won't.

Health insurance

Your health insurance will typically pay for treatment while your case is pending. Some plans have a right of reimbursement (subrogation) — we negotiate those liens to maximize your net recovery.

Umbrella policies

Individuals and businesses often carry an umbrella policy that sits on top of their primary liability coverage. When injuries are catastrophic, an umbrella policy can dramatically increase available limits.

Topic 02

How Long Will My Personal Injury Case Take?

There is no one-size-fits-all timeline. The answer depends on the strength of the evidence, the severity of your injuries, and how reasonable the insurance company is willing to be.

Investigation and treatment phase

We do not settle a case until we know the full extent of your injuries. That usually means waiting until you reach maximum medical improvement, which can take months for soft-tissue injuries and years for catastrophic ones.

Pre-litigation demand phase

Once treatment stabilizes, we assemble your medical records, wage-loss documentation, and liability evidence into a demand package. Most insurers respond within 30 to 90 days.

Litigation phase

If the insurer will not pay fair value, we file suit. From filing to trial, most California civil cases take 12 to 24 months, with settlement possible at any point along the way.

Trial and post-trial

A trial itself typically runs a few days to a few weeks. Post-trial motions and any appeal can add additional time. Our attorneys are prepared to see the case all the way through.

Topic 03

What Is the Burden of Proof in a Personal Injury Case?

A civil personal injury case is not a criminal case. You do not have to prove your claim beyond a reasonable doubt — the standard is much lower.

Preponderance of the evidence

In California civil cases, we need to prove it is more likely than not — a greater than 50% probability — that the defendant's conduct caused your injuries. This is the same standard used in most civil disputes.

Duty

We must show the defendant owed you a legal duty of care — for example, drivers owe a duty to operate their vehicles safely, and property owners owe a duty to keep their premises reasonably safe.

Breach

We must show the defendant breached that duty by acting unreasonably under the circumstances — running a red light, ignoring a known hazard, failing to warn.

Causation

The defendant's breach must have caused your injuries. Insurance companies routinely challenge causation by pointing to pre-existing conditions; we work with treating physicians to document exactly what the incident caused.

Damages

You must prove you suffered actual damages — medical bills, lost income, out-of-pocket costs, and non-economic harm like pain and suffering. We document each category with records, testimony, and — when needed — expert witnesses.

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