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This is a transcript of a Q&A session with Shakeal Masoud, Managing Partner of Sky Law Group, answering the most common questions people ask after being injured in an accident in Orange County. If you have been hurt in an accident and have questions about your legal rights, call (844) 475-9529 for a free consultation.

What is the first thing I should do after a car accident in Orange County?

Shakeal Masoud: The very first thing is to make sure you are safe. If you can, move to a safe location away from traffic. Then call 911 — you want both police and paramedics at the scene. Even if you feel okay in the moment, adrenaline masks pain, and many serious injuries like concussions, herniated discs, and internal bleeding do not show symptoms for hours or even days.

While you are at the scene, use your phone to take photos and video of everything — the damage to all vehicles, the road conditions, traffic signals, skid marks, and your own visible injuries. Get the other driver’s name, phone number, insurance information, and license plate. If there are witnesses, get their contact information too.

After the scene is handled, see a doctor within 24 to 48 hours. This is critical. If you wait weeks to see a doctor, the insurance company will argue your injuries were not caused by the accident. I have seen insurance companies deny claims simply because the person waited too long to get checked out.

Do I really need a lawyer for a car accident, or can I handle it myself?

Shakeal Masoud: It depends on the situation. For a very minor fender bender with no injuries, you might be fine handling the insurance claim yourself. But the moment there are injuries involved — even what seems like a minor injury — I strongly recommend talking to an attorney before you do anything else.

Here is why. Insurance companies have teams of adjusters and lawyers whose entire job is to pay you as little as possible. They will call you within days of the accident, sound very sympathetic, and offer you a check. That check is almost always a fraction of what your case is actually worth. I have seen people accept $5,000 for injuries that ended up requiring $50,000 or $100,000 in medical treatment.

A consultation with a personal injury attorney is free. There is literally no risk. We will tell you honestly whether your case needs an attorney or whether you are fine handling it on your own. And if we do take your case, you pay nothing upfront — we only get paid if we win.

How much is my personal injury case worth?

Shakeal Masoud: I wish I could give a simple answer to this, but every case is different. What I can tell you is the factors that determine case value.

The biggest factor is the severity and permanence of your injuries. A broken arm that heals completely is worth much less than a herniated disc that causes chronic pain for years, which is worth much less than a traumatic brain injury that permanently changes your life. The more severe and long-lasting the injury, the higher the case value.

Second is your medical treatment costs. These form the baseline for calculating your total damages. Third is lost income — if you missed work or cannot return to the same job, that adds significant value. Then there is pain and suffering, which in California has no cap except in medical malpractice cases.

To give you rough ballpark numbers for Orange County: soft tissue injuries like whiplash typically settle between $10,000 and $50,000. Broken bones range from $50,000 to $200,000. Herniated discs are $75,000 to $350,000. Serious car accident cases with surgery can exceed $500,000. And catastrophic injuries like spinal cord injuries or severe TBIs can be worth millions.

What is the statute of limitations for a personal injury case in California?

Shakeal Masoud: You have two years from the date of the accident to file a lawsuit in California. That is under Code of Civil Procedure Section 335.1. If you miss that deadline, your case is gone forever. The court will not hear it.

But there is an even shorter deadline that catches a lot of people off guard. If your accident was caused by a government entity — say a pothole on a city-maintained road, a broken traffic light, or a Caltrans construction zone — you only have six months to file a government claim. I have had people come to me seven months after an accident caused by a dangerous road condition, and there was nothing I could do. That six-month deadline is absolute.

My advice is always the same: talk to an attorney as soon as possible after an accident. Do not wait. Evidence disappears, witnesses forget, and deadlines sneak up on you.

What if the accident was partially my fault?

Shakeal Masoud: California has one of the best laws in the country for this. We use “pure comparative negligence,” which means you can recover damages even if you were partially at fault. Your recovery is just reduced by your percentage of fault.

So if a jury decides the accident was 70 percent the other driver’s fault and 30 percent your fault, and your damages are $100,000, you would recover $70,000. Even if you were 90 percent at fault, you could still recover 10 percent of your damages. Some states bar you from recovering anything if you are more than 50 percent at fault. California does not do that.

Now, here is the important thing: the insurance company will try to assign you as much fault as possible because it saves them money. They might say you were speeding, or texting, or not paying attention — even if none of that is true. An experienced attorney knows how to push back on those arguments and minimize the fault assigned to you.

How long will my personal injury case take?

Shakeal Masoud: Most personal injury cases take between 6 months and 2 years to resolve. Here is the general timeline.

The first phase is treatment — you need to complete your medical treatment or reach a point where your doctors say your condition has stabilized. We cannot accurately value your case until we know the full extent of your injuries and treatment needs. Rushing to settle while you are still in treatment almost always means leaving money on the table.

Once treatment is complete, we prepare a detailed demand package — all your medical records, bills, lost wage documentation, and a legal analysis. The insurance company has about 30 days to respond. Then negotiation begins, which can take anywhere from a few weeks to several months.

If we cannot reach a fair settlement through negotiation, we file a lawsuit. Litigation adds 6 to 18 months, though many cases settle during the lawsuit process — often right before trial or during mediation. The insurance company often gets more serious about settling once they see we are willing to go to court.

What does it mean to work on a contingency fee basis?

Shakeal Masoud: It means you pay absolutely nothing upfront. Zero. We advance all the costs of investigating and pursuing your case — expert witnesses, court filings, medical record requests, everything. Our fee comes out of the settlement or verdict at the end. If we do not win your case, you owe us nothing. That is our guarantee.

This is the standard in personal injury law, and I think it is the fairest arrangement possible. It means anyone can afford quality legal representation regardless of their financial situation. It also means we are motivated to get you the highest possible recovery, because our fee is a percentage of what we recover for you.

What if I was hit by an Uber or Lyft driver?

Shakeal Masoud: Rideshare accidents are more common than people realize in Orange County. The good news is that California law requires Uber and Lyft to carry $1 million in insurance coverage when a driver is actively on a trip or on their way to pick up a passenger.

The tricky part is figuring out which insurance policy applies, because it depends on exactly what the driver was doing at the moment of the accident. If the app was off, only the driver’s personal insurance covers you. If the app was on but no ride was accepted, there is a lower level of coverage. If the driver had accepted a ride or was transporting a passenger, the full million-dollar policy applies. An attorney who handles rideshare cases knows how to investigate this and identify all available insurance coverage.

What should I NOT do after an accident?

Shakeal Masoud: There are three big mistakes I see people make. First, do not give a recorded statement to the other driver’s insurance company. They will call you, and they will be very friendly, but everything you say can and will be used to reduce your claim. Second, do not post about the accident on social media. Insurance companies actively monitor injured people’s social media looking for anything they can use against you. A photo of you smiling at a family dinner can be used to argue you are not really in pain. Third, do not accept a quick settlement offer without talking to an attorney first. Those early offers are almost always far below what your case is worth.

Why should I choose Sky Law Group?

Shakeal Masoud: I have been practicing personal injury law for over 20 years, and my team and I have recovered millions of dollars for our clients across Orange County. What sets us apart is that we actually try cases — we are not a settlement mill that takes whatever the insurance company offers. When the insurance company knows your attorney is willing to go to trial, they take your case more seriously and offer more money.

We also pride ourselves on communication. When you call our office, a real person answers. You will have my cell phone number. I believe that when someone trusts you with their case, they deserve to be able to reach you when they have questions. We serve all of Orange County from our offices in Orange and Newport Beach, and we offer services in both English and Spanish. Hablamos español.

Call (844) 475-9529 for a free, no-obligation consultation. We will evaluate your case, explain your options, and give you an honest assessment of what your case may be worth — all at no cost to you.