FAQs About Personal Injury Cases in Oakland
What is the 3040 rule in Oakland?
The 3040 rule refers to California Insurance Code §3040, which allows health insurance companies to seek reimbursement for medical expenses they’ve paid if you recover money from a third party (such as in a personal injury lawsuit). In other words, if your insurer paid for your treatment after an accident and you later win or settle your case, they may request a portion of your compensation to repay what they spent on your behalf.
However, there are limits to what they can take back—and it’s not automatic. At Thompson Law, we help ensure these reimbursement claims are accurate and fair, so your final settlement reflects your actual losses.
How much does it cost to hire a personal injury lawyer in Oakland?
With Thompson Law, it costs you nothing upfront. We work on a contingency fee basis, which means you only pay if we win your case. There are:
- No hourly rates
- No retainer fees
- No surprise invoices
If we recover compensation, our fee comes out as a percentage of your settlement or verdict. If we don’t win, you owe us nothing—simple as that.
How to determine liability in an Oakland personal injury case?
Liability means figuring out who is legally responsible for your injury—and in Oakland, that can get complicated. In many cases, it’s a driver, property owner, employer, or even a government agency. California follows a comparative negligence rule, which means more than one party (including you) can share fault.
We build your case by reviewing:
- Police or incident reports
- Medical records
- Witness statements
- Surveillance or traffic footage
- Accident reconstruction if necessary
Even if you think you were partly at fault, you may still be eligible for compensation.
How long does an Oakland personal injury case take?
Every case is different, but most personal injury claims in Oakland are resolved within a few months to a year. Here’s a general timeline:
- Medical treatment and documentation
- Investigation and gathering evidence
- Filing the claim and negotiating with insurance
- Settlement (or litigation if needed)
If your case involves severe injuries, disputed liability, or uncooperative insurers, it may take longer—but we’re with you every step of the way, keeping things moving and keeping you informed.
Can I still recover damages if I wasn’t wearing a seatbelt?
Yes, you can still pursue compensation, even if you weren’t wearing a seatbelt at the time of the accident. However, California’s comparative fault rule may come into play. The defense may argue that not wearing a seatbelt made your injuries worse, which could reduce the amount you recover.
That’s why it’s important to work with a legal team that can clearly separate cause from consequence, and show that the accident—not your seatbelt status—was the primary factor in your injuries.