The San Diego personal injury attorneys at The Law Offices of Howard Kitay have been serving the San Diego community since 1989. A graduate of the University of San Diego School of Law and Gerry Spence’s Trial Lawyers College, Mr. Kitay has over twenty-five years of experience representing accident victims. We deliver the very best in individualized service and PROVEN RESULTS. We pride ourselves on providing the best possible representation.
Our San Diego personal injury attorneys represent accident victims throughout San Diego County, including El Cajon, La Mesa, Alpine, Casa de Oro, Spring Valley, Mission Valley, Chula Vista, San Diego, Imperial Beach, Bonita, National City, San Ysidro, Poway, La Jolla, Vista, and Escondido. If you or someone in your family has been hurt or killed – in a motorcycle, truck, or car accident; or as a result of a dog bite or injury in a store or restaurant – we can get your medical bills paid, recover any lost wages and obtain full and fair compensation for your pain and suffering. Se Habla Espanol
Frequently Asked Questions In Personal Injury Claims
Do I really need a personal injury attorney?
Yes. The insurance companies employ experienced claims adjusters to settle your case for as little as possible. Their bonuses are based on tricking you into an unfair settlement as quickly as possible. Let’s face it, following an accident, many people are upset, injured, without a vehicle, and just want their life back to normal as quickly as possible. The insurance adjusters know this and prey on it. Do not talk to them! You need an attorney to represent YOUR interests, to make sure you and your family are protected now and in the future. At the end of the case, you need an attorney who will get you maximum compensation for your injuries. The San Diego personal injury attorneys at Mr. Kitay’s firm will handle all aspects of your case, and get you the verdict or settlement you deserve. When you put the case in our hands, you can concentrate on getting better.
How do I get the Maximum Settlement Value?
We have a record of PROVEN RESULTS FOR ACCIDENT VICTIMS in thousands of personal injury cases over twenty-five years. While most cases eventually settle before trial, preparation for trial is the key to obtaining the maximum settlement. At the Law Offices of Howard Kitay, every case is prepared for trial; as a result, most of our clients obtain the best possible settlement without ever going to trial. (Please see our Verdicts & Settlements Page.)
Personal injury is a highly specialized area of law. To obtain the maximum settlement value for your case, it is important to hire a personal injury specialist. At the Law Offices of Howard Kitay, personal injury is our specialty, it is all we do, and we have been doing it successfully for twenty-five years. (Please see our Verdicts & Settlements Page.)
Do I have to pay for an attorney?
No. NO FEE UNTIL YOU COLLECT. The Law Offices of Howard Kitay advances all costs, and there is never a fee until you are compensated for your injuries, at the end of the case. You pay nothing upfront, and you pay nothing until you collect. If there is no recovery, you pay nothing.
What do I do first?
The first thing to do is seek immediate medical attention after the accident. If it turns out you are fine or the injury is minor, you will have peace of mind. If you are more injured, you will have documented your injuries and make it easier to prove your case later. After any accident, DO NOT speak with anyone from any insurance company — even your own! Call our San Diego personal injury attorneys today for a Free Consultation.
Do I have a personal injury case?
If you have been injured in an accident that is not your fault, you have the right to make a claim for your injuries. Call The Law Offices of Howard Kitay today to make an appointment for a free consultation. Our San Diego personal injury attorneys will explain all your rights and what you are entitled to recover.
How long will it take to settle my case?
Every case is different. It is important to wait until you complete treatment and know the full extent of your injuries before attempting settlement. Your attorney will discuss how long the settlement is likely to take in your particular case.
How much is my case worth?
It depends. It is not possible to determine the value of your case until the full extent of all your injuries is known. When you have completed treatment, your attorney will recommend a settlement value. The final decision on how much you accept for settlement is yours. The attorney you choose to represent you affects the value of your case. The Law Offices of Howard Kitay has a proven track record for obtaining maximum settlement value in personal injury cases.
Will I have to go to trial?
Probably not. Most cases settle prior to trial. However, preparation for trial is essential to obtain the maximum settlement value.
What much can I claim?
Under California law, most persons who have been injured in an accident that was not their fault are entitled to the following:
- RENTAL CAR: In most cases, we can get you into a Rental Car, often the same day.
- CAR REPAIR OR REPLACEMENT: In most cases, we will arrange Immediate Auto Repair or Replacement.
- LOST WAGES: In most cases, will obtain Compensation for All Lost Wages.
- IMMEDIATE MEDICAL TREATMENT: In most cases, we can arrange Immediate Medical Treatment, with no payment due until settlement or judgment.
- MAXIMUM COMPENSATION: In every case, we will obtain Maximum Compensation for All Past and Future Pain, Suffering and Emotional Distress.
My neck only hurts a little bit, should I still make a claim?
Yes. Whiplash is the most common injury sustained in a low-impact car accident. Whiplash pain often increases over time. Early diagnosis is important to help us prove your case. Remember: The insurance companies employ experienced claims adjusters to settle your case for as little as possible. Do not talk to them! It is important to speak with an attorney immediately after an accident, even if you feel you sustained “only a minor injury.”
My car didn’t have much damage. Do I still have a case?
Yes. While your car may be designed to handle low-impact collisions, the human body is not. Whiplash is the most common type of injury in a low-speed, rear impact collision. The Law Offices of Howard Kitay consistently obtains Maximum Settlement Value for all injuries, including whiplash.
Denial of Claims
Insurance companies often deny valid claims. It’s as simple as that. Without an experienced personal injury attorney to fight for you, they can get away with it. If you have a claim for injuries, your own insurance company may not be on your side! You may have a claim under your own policy (which will NOT affect your premiums if the accident is not your fault.) Policyholders expect their “own” insurance company to treat them fairly. It is always a rude awakening. Your “own” insurance company is, first and foremost, an insurance company. Insurance companies look after themselves, not you. The way to get the best result in your case is to retain experienced San Diego personal injury attorneys today.
To schedule a Free Consultation, please call (619) 442-0542.
Can I afford a San Diego Personal Injury Attorney?
Yes. Truth is, you can’t afford NOT to have one. At the Law Offices of Howard Kitay, there is NO FEE UNTIL YOU COLLECT. We advance all costs, and there is never a fee until you are compensated for your injuries, at the end of the case. You pay nothing upfront, and you pay nothing until you collect. If there is no recovery, you pay nothing.
Proven Results for Accident Victims by Award-Winning Attorneys
Don’t settle for less. At the Law Offices of Howard Kitay, Proven Results for Accident Victims is not just our motto, it is our goal in every case. We work for YOU, NOT the insurance companies. There is never a fee until we win your case, and then you pay us a percentage of the amount we recover for you. There is no charge for a case evaluation. We serve clients in Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove , National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach and Vista.
Our offices are conveniently located in El Cajon, Mission Valley, and Chula Vista.
To schedule a Free Consultation, please call (619) 442-0542. We are available to speak with you every day, 24/7.
Uninsured Motorists
Although California law requires all motorists to carry liability insurance, many don’t. For this reason, it is important to carry uninsured motorist coverage on your own automobile insurance policy. Then, if you are injured by an uninsured motorist, you can bring a claim under your own policy.
If you are injured by an uninsured motorist, your own insurance company will attempt to minimize the value of your claim. DO NOT SPEAK WITH THEM! Hire an experienced personal injury attorney TODAY.
Personal injury is a highly specialized area of law. To obtain the maximum settlement value for your case, it is important to hire a personal injury specialist. At the Law Offices of Howard Kitay, personal injury is our specialty, it is all we do, and we have been doing it successfully for twenty-five years. (Please see our Verdicts & Settlements Page.)
Underinsured Motorists
It is estimated 20% of California drivers carry the absolute minimum for auto insurance coverage. In cases of serious injury, motorists who have minimal insurance coverage may not be able to fully compensate victims of automobile accidents. If you have underinsured motorist coverage, you have a claim under your own insurance policy to pay the damages not covered by the other driver. Your own insurance company will attempt to minimize the value of your claim. DO NOT SPEAK WITH THEM! Hire an experienced personal injury attorney TODAY.
California Statute of Limitations for Personal Injury Claims
In every auto accident, personal injury, and wrongful death claim, time is of the essence. The clock starts ticking at the time of the car accident, dog bite, slip and fall, or other injury-causing events. We recognize the importance of promptly investigating the accident, preserving evidence, and making certain that personal injury claims are evaluated and documented. If you have been injured, don’t delay, contact a personal injury attorney now. Our San Diego experienced personal injury attorneys are ready to help you.
California auto accident and personal injury law require that if you believe you have been harmed by the wrongful conduct of another, you must bring a lawsuit within a limited period. This law is called a statute of limitations. The deadline is generally two (2) years from the date of the incident, but it is shorter in some cases and longer in others. For this reason, it is critical to meet and discuss your case with a personal injury specialist as soon as possible after you are injured. Your attorney will determine the actual deadline in your case, and make sure your claim and your rights are protected. Failure to settle your case or bring a lawsuit (or take other required legal action, such as filing a claim were required with an administrative government agency), may eliminate your right to recover benefits, damages, and financial compensation. Delay can destroy your case!
The Importance of a Thorough Case Analysis
Failure to identify which statute of limitations applies to your claim can prevent you from pursuing your claim! Your attorney will conduct a thorough review of your case to determine the filing deadline(s) that applies to your case. The information below, as with all information on this website, does not constitute legal advice. These statutes of limitations change as new laws are passed and the references below are current as of the time of the initial publication of this page. You should consult with an experienced personal injury attorney immediately to analyze your case, determine the current and future value as well as identify any and all liable parties.
The first step in understanding which statute of limitations applies is a determination of where the accident and the resulting injuries occurred. California, like other states, has its own laws governing timeframes for filing personal injury, survival and wrongful death claims. The information on this page refers only to California’s statutes of limitations for personal injury and wrongful death claims. Other statutes may apply depending on the type of wrongful conduct or injury, where it occurred, and/or who caused it.
The next step is determining what legal right was violated. Statutes of limitations are different for different types of harm. For example, if you were in a car accident, you need to speak with a car accident injury attorney immediately to understand your rights and what you need to do next.
Determining who was injured in a personal injury lawsuit. Different classes of people i.e. minors versus adults, mentally infirm versus mentally competent people, etc. have different time periods within which to act in personal injury cases.
Lastly, establishing who caused the harm is the final step. The time period for filing a claim against a governmental agency or employee who caused harm is different than it is for a private party.
Personal Injury Auto Accident & Wrongful Death Claims
Under California law, the statute of limitations for most personal injury actions not caused by medical malpractice or medical negligence is two years from the date that you were injured if you are an adult (over 18 years of age). The time period is longer for children who, in claims unrelated to medical negligence, have until two years after they turn 18 to seek legal recourse. In California, this is referred to as minor tolling. Parents, or legal guardians of the child, may file a lawsuit on behalf of a child younger than 18. People who are in jail or who are mentally incapacitated by injury or insanity may, in certain circumstances, have an extension to file their lawsuit while they are in jail or mentally incompetent. If you are physically injured due to the fault of a California government employee or government agency, you must file a claim with the proper agency within six months of the injury.
Wrongful Death
Under the California statute of limitations, the same time frame for survival lawsuits applies to wrongful death cases. This means that you have 2 years from the date of death to file a wrongful death claim. The only exception to this relates to asbestos cases. In these cases, you have 1 year from the date of death or first knowing. You can rest assured that our San Diego personal injury attorneys will competently handle all aspects of your accident, injury, or wrongful death claim.
In most cases, we are able to get you a full and adequate settlement for all of your damages without the necessity of a trial. From the day we accept your case, we will be preparing it for trial, and if taking your matter to a jury is the only way to get you what you deserve, we are ready every time. We are, above all else, trial lawyers, and will never avoid the courtroom if a trial is in our client’s best interest. As a result, most of our clients receive the maximum settlement value without having to go to trial. We have recovered millions of dollars both in and out of the court for thousands of personal injury clients.
Our offices are conveniently located in El Cajon, Mission Valley, and Chula Vista.
To schedule a Free Consultation with our San Diego personal injury attorneys, please call (619) 442-0542. We are available to speak with you every day, 24/7.
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