Blog - Brand Peters PC

Understanding the Lien Process in Personal Injury Cases: Walnut Creek

If you’ve been injured in Walnut Creek and are pursuing a personal injury claim, expect liens to arise against your settlement from hospitals, government programs, insurance companies, and even child support agencies. These liens can significantly reduce your net recovery. Knowing who can claim payment, how much they can take, and how your attorney can protect your interests is essential to maximizing your settlement.

What Is a Lien in a Personal Injury Case?

In personal injury cases, a lien is a legal right allowing a third party to claim reimbursement from your settlement or judgment. This typically applies when a hospital, insurer, or government agency paid for services related to your injury.

California law gives specific entities—like hospitals, Medi-Cal, and Medicare—the right to be reimbursed for costs connected to your treatment. That means before you receive your portion of the settlement, liens must first be satisfied. This process ensures providers are repaid but can reduce the amount you ultimately receive.

Why Liens Are Common in Walnut Creek Personal Injury Claims

Walnut Creek’s status as a regional hub for medical care makes liens a frequent issue in local cases. Major facilities like John Muir Health’s Walnut Creek Medical Center often treat emergency patients after accidents and later assert hospital liens under California’s Hospital Lien Act.

Similarly, local residents covered by Medi-Cal or Medicare may face state or federal liens. These programs, along with employer health plans, all have rights to recover costs related to your injury care. Understanding these overlapping claims is key to calculating your true net recovery.

Types of Liens in California Personal Injury Cases

Liens can come from several sources. Each has its own legal foundation and priority rules that determine who gets paid first.

Hospital Liens (California Hospital Lien Act)

Under California Civil Code §§ 3045.1–3045.6, hospitals can claim a lien on any settlement or judgment related to your injury. This allows hospitals to recover the “reasonable and necessary” costs of emergency and follow-up care.

To be valid, a hospital must send written notice of the lien to all responsible parties before settlement funds are distributed. If the hospital fails to provide proper notice, the lien may not be enforceable.

However, even when valid, hospital liens cannot exceed 50% of your net recovery after attorney fees and prior liens are paid. This cap helps protect injured claimants from losing their entire settlement to medical bills.

Medi-Cal Liens

If Medi-Cal paid for your treatment, the California Department of Health Care Services (DHCS) can assert a lien under the Welfare & Institutions Code §§ 14124.70 et seq. Beneficiaries are required to notify DHCS of any personal injury claim so the agency can determine the lien amount.

Federal case law—particularly Arkansas Department of Health and Human Services v. Ahlborn and Wos v. E.M.A.—limits Medi-Cal’s recovery to the portion of the settlement attributed to medical expenses, not the full amount. This means your attorney can often negotiate a significant reduction.

Medicare Liens

If you’re covered by Medicare, the federal government can recover “conditional payments” made for your injury-related care under the Medicare Secondary Payer (MSP) statute. Medicare’s claim typically takes priority over others and must be resolved before your settlement is finalized.

The Centers for Medicare & Medicaid Services (CMS) handles the lien and may reduce it proportionally to account for attorney fees and costs. Failing to address a Medicare lien can delay payment or result in penalties, so early reporting and coordination are essential.

Workers’ Compensation Liens

When workers’ compensation pays benefits for an on-the-job injury caused by a third party, the employer or insurer can assert a lien under California Labor Code § 3856. The lien covers compensation benefits paid to you, after accounting for attorney fees and costs.

In many cases, the workers’ compensation carrier must approve any third-party settlement involving its lien. This coordination ensures that benefits are repaid properly and avoids double recovery.

Private Health Insurance and ERISA Plan Liens

If your health insurance or employer’s self-funded plan paid for your care, the insurer might seek reimbursement from your settlement. These claims are often governed by the Employee Retirement Income Security Act (ERISA).

Federal court decisions such as Sereboff v. Mid Atlantic Medical Services, US Airways v. McCutchen, and Montanile v. Board of Trustees established that plan language determines reimbursement rights—but only if the funds are identifiable and not already spent.

Because ERISA plans preempt many state laws, these liens can be difficult to contest. Experienced attorneys can often negotiate equitable reductions under the “common fund” doctrine, ensuring lienholders share the cost of obtaining the recovery.

Child Support and Government Liens

California’s Department of Child Support Services may place a lien on personal injury settlements to collect past-due support. These liens must be satisfied before funds are released to you, just like medical or insurance liens.

If multiple liens exist, courts determine their order of priority, ensuring statutory liens and attorney fees are paid first.

Who Gets Paid First? Lien Priority Explained

Lien priority determines how your settlement is divided among multiple claimants. Although every case is unique, the general order is:

Attorney’s fees and costs — paid first, ensuring your lawyer is compensated for the work that secured your settlement.
Hospital and statutory liens — under California’s Hospital Lien Act and similar laws, these claims are satisfied next.
Government liens — Medi-Cal and Medicare claims are resolved following statutory guidelines.
Private health insurance and ERISA liens — enforced according to contract terms.
Child support or other government liens — paid last from any remaining funds.

After all liens are settled, the remaining amount—your net recovery—is distributed to you.

Common Mistakes That Reduce Settlements

Many claimants in Walnut Creek lose part of their settlement because they underestimate how liens work. Here are frequent errors to avoid:

Ignoring lien notices – Hospitals and government agencies must provide notice, but failing to act on these can delay or complicate settlement.
Settling without lien clearance – Disbursing funds before resolving liens can lead to personal liability.
Assuming billed charges equal lien value – Under the Howell v. Hamilton Meats decision, recoverable amounts must reflect reasonable and necessary medical costs, not inflated billing rates.
Delaying notification to Medi-Cal or Medicare – Early reporting avoids penalties and enables timely negotiation.
Not hiring a law firm experienced in lien negotiation – Skilled attorneys often reduce liens through legal arguments and settlement adjustments.

How Brand Peters PC Helps With Liens

At Brand Peters PC, our attorneys handle the lien process with precision and strategy. Our personal injury practice emphasizes maximizing client recovery by managing lien exposure early and effectively.

Here’s how our team assists:

Identifying all lienholders early to avoid surprises later.
Ensuring compliance with notice requirements under California’s Hospital Lien Act and Medi-Cal statutes.
Negotiating lien reductions by reviewing billing records for accuracy and “reasonableness.”
Coordinating disbursements so payments are properly distributed, avoiding secondary liability.
Advising clients on realistic settlement expectations and net recovery outcomes.

By integrating lien management into every stage of your case, we help you keep more of your settlement—without the stress of handling complex negotiations on your own.

Why Proper Lien Handling Matters

Liens can drastically reduce what you take home after a settlement. For example:

A $300,000 settlement can shrink to less than $150,000 after fees, costs, and liens.
Government programs have legal authority to recover funds even after disbursement.
Private health insurers may withhold future coverage until they’re reimbursed.

Working with an experienced Walnut Creek personal injury attorney ensures all liens are verified, reduced when possible, and resolved before distribution—protecting both your recovery and your peace of mind.

Key Takeaways

Liens are legal claims by hospitals, insurers, or agencies to recover costs from your settlement.
California law governs who can assert a lien and how much they can claim.
Medi-Cal and Medicare liens follow strict notice and recovery rules.
Negotiation and verification can significantly reduce lien amounts.
An experienced attorney ensures compliance, prioritization, and maximum client recovery.

Final Thoughts

The lien process is one of the most critical and often overlooked—parts of personal injury recovery. Every dollar recovered matters, especially when medical bills and legal fees are involved. With proper management, you can ensure fair reimbursement for providers without sacrificing your financial recovery.

If you’ve been injured in Walnut Creek and need guidance on liens in personal injury cases, reach out through our contact page.

Call (925) 489-0746 today to discuss your case with our experienced legal team. We’ll help you understand your lien obligations, protect your settlement, and pursue the compensation you deserve.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.

November 17, 2025

How Long Do I Have to File a Personal Injury Lawsuit in Walnut Creek?

If you’ve been injured in Walnut Creek, you generally have two years from the date of the accident to file a personal injury lawsuit under California law. Miss this deadline and you could lose your right to seek compensation altogether. But there are important exceptions—such as claims against government agencies, medical malpractice cases, and situations involving minors—that may shorten or extend this window. Understanding these rules early is critical to protecting your case.

Why Deadlines Matter in Personal Injury Cases

The statute of limitations isn’t just a technicality. It is the legal clock that determines how long you have to take action. Once it runs out, the court will almost always dismiss your claim, no matter how strong your evidence is.

In Walnut Creek, personal injury cases cover a wide range of accidents, including:

Car, truck, and motorcycle crashes
Pedestrian and bicycle accidents
Dog bites and animal attacks
Slip and fall or premises liability claims
Catastrophic injuries caused by negligence

Each case is unique, but they all share one thing in common: the statute of limitations can make or break your ability to recover compensation.

The Standard California Rule: Two Years from the Date of Injury

Walnut Creek falls under California’s jurisdiction, so the California Code of Civil Procedure (CCP) § 335.1 governs most personal injury lawsuits. This law gives injured people two years from the date of injury to file a lawsuit in court.

Example:

If you were in a car accident on January 1, 2023, you must file your lawsuit no later than January 1, 2025.
If you file even one day late, the defendant can ask the court to dismiss your claim, and the judge will almost certainly grant it.

This strict enforcement is why injured people in Walnut Creek are encouraged to act quickly.

Special Rules and Exceptions to the Two-Year Limit

While the two-year limit is the standard, California law recognizes that not all cases fit neatly into that box. Here are key exceptions that could change your filing deadline:

1. Medical Malpractice Claims

Medical malpractice cases are treated differently. Under CCP § 340.5, you must file either:

Within three years from the date of injury, or
Within one year from the date you discovered—or should have discovered—the injury,

Whichever comes first. This shorter “discovery rule” makes timing especially complicated in malpractice cases, where patients sometimes don’t realize they’ve been harmed until months or years later.

2. Wrongful Death Cases

If a loved one passes away due to someone else’s negligence, the statute of limitations for wrongful death is two years from the date of death. This is separate from the date of injury. Families in Walnut Creek need to know that waiting longer than two years can result in losing the right to file a wrongful death claim.

3. Claims Against Government Entities

Suing a government body (like the City of Walnut Creek, Contra Costa County, or a state agency) requires following special procedures under the California Government Claims Act.

You must file an administrative claim within six months of the injury.
If the government denies your claim, you have a limited period to file your lawsuit in court.

Missing these shorter deadlines can completely bar your case against a public entity.

4. Minors and Tolling Rules

If the injured person is a minor under 18, the statute of limitations is generally “tolled” (paused) until their 18th birthday. This means the two-year clock often doesn’t start until the child becomes an adult.

For example, if a 16-year-old is injured in a bike accident in Walnut Creek, they usually have until their 20th birthday to file suit. However, exceptions exist for certain cases like medical malpractice.

5. Discovery Rule for Latent Injuries

Some injuries don’t appear right away. Under the discovery rule, the statute of limitations may not begin until the injured person knew—or reasonably should have known—that the injury occurred and was caused by another’s negligence.

This is common in cases involving:

Toxic exposure
Defective products
Hidden medical complications

6. Other Tolling Situations

California law also pauses (or “tolls”) the statute of limitations in certain scenarios, such as:

When the defendant leaves the state
When the injured person is mentally incapacitated
During bankruptcy proceedings that involve the defendant

Each of these factors can change how much time you have to file.

How Courts Treat the Statute of Limitations

The statute of limitations is considered an affirmative defense. This means that if you file late, the defendant can raise it as a reason to dismiss your case—and courts almost always enforce it strictly.

Local Context: Personal Injury Lawsuits in Walnut Creek

Walnut Creek residents often face personal injury cases related to:

Busy roadways such as I-680 and Highway 24, where car accidents are common.
Shopping centers, restaurants, and businesses that may see slip-and-fall injuries.
Residential neighborhoods, where dog bite cases can arise.

No matter the type of case, the deadline to file remains critical. Even when liability is clear, missing the statute of limitations can erase the chance to recover damages for medical bills, lost income, and pain and suffering.

Practical Timeline for Personal Injury Cases

Understanding the statute of limitations helps, but real-world cases involve several steps before a lawsuit is filed:

Initial medical treatment and recovery. Immediate care and follow-up treatment establish the foundation of your case.
Investigation and evidence gathering. Photos, witness statements, police reports, and medical records are collected.
Negotiation with insurers. Many cases are resolved before litigation, but these talks take time.
Filing the lawsuit. If settlement isn’t reached, the lawsuit must be filed before the statute of limitations expires.

Because these steps can take months, it’s important to begin the process well before the deadline.

Why Acting Quickly Protects Your Case

Acting early helps in several ways:

Preserves evidence. Witness memories fade, and physical evidence may disappear.
Gives leverage in settlement talks. Defendants take claims more seriously when the statute of limitations hasn’t expired.
Avoids procedural mistakes. Filing close to the deadline leaves no room for error if paperwork is incomplete.

How Brand Peters PC Helps

At Brand Peters PC, our attorneys have extensive experience handling personal injury cases in Walnut Creek and throughout Contra Costa County. From car crashes to workers’ compensation, we guide clients through the legal process with one goal: protecting their right to fair compensation.

Key Takeaways on Deadlines in Walnut Creek

Most personal injury lawsuits: 2 years from the date of injury
Medical malpractice: 1 year from discovery or 3 years from injury, whichever comes first
Wrongful death: 2 years from the date of death
Government claims: 6 months to file an administrative claim
Minors: Clock often starts at age 18
Discovery rule and tolling: Can delay or extend the deadline depending on circumstances

Understanding which rule applies to your case requires careful evaluation of the facts.

Conclusion

The statute of limitations can feel like a legal technicality, but in reality, it’s the gatekeeper to your entire case. In Walnut Creek, that typically means you have just two years to act, though certain cases give you much less time. If you think you might have a personal injury claim, waiting can cost you everything.

At Brand Peters PC, we help clients across Walnut Creek navigate these strict deadlines and pursue the justice they deserve. Don’t let the clock run out on your case—reach out today through our contact page or call us directly at (925) 489-0746 to schedule a consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.

October 13, 2025

Dog Bite Injuries in Walnut Creek: Understanding California’s “Strict Liability” Rule

California is one of the most victim-friendly states when it comes to dog bite claims. Thanks to the state’s strict liability rule, dog owners are generally responsible for injuries caused by their dogs, even if the dog had never bitten anyone before, and even if the owner acted responsibly.

In Walnut Creek and across Contra Costa County, this means victims have powerful legal protections. If you’ve been bitten, you may be entitled to compensation for your medical bills, lost income, and other damages.

If you’ve suffered a dog bite, call (925) 489-0746 today or contact Brand Peters PC online for a free consultation.

What Is Strict Liability in California Dog Bite Law?

Under California Civil Code § 3342, dog owners are strictly liable if their dog bites someone who is lawfully in a public place or on private property. This rule simplifies the process for victims because:

You do not need to prove the dog was dangerous or had bitten before.
The “one-bite rule” (used in other states) does not apply in California.
Even bites through clothing — without breaking the skin — may still qualify as actionable.

In California, dog owners are responsible for bites the moment they happen, regardless of the dog’s history.

Who Is Considered “Lawfully Present”?

Strict liability applies when the victim was legally on the property where the bite occurred. This includes:

Public sidewalks, parks, or stores.
Private property where you were invited, such as a neighbor’s home.
Locations where you were working, such as delivering packages or performing maintenance.

Trespassers are generally not protected under the statute. If you were legally on the property when bitten, California’s strict liability law applies.

Exceptions and Defenses

While strict liability is broad, there are a few exceptions:

Police and military dogs performing official duties may be exempt under certain circumstances.
The “Veterinarian’s Rule” limits recovery when bites occur to professionals like vets, groomers, or handlers working with the dog.
Comparative negligence may reduce damages if the victim provoked the dog, but liability still exists.

Limited exceptions exist, but in most cases, strict liability ensures victims can still pursue compensation.

When a Dog Causes Harm Without Biting

Not all dog-related injuries involve bites. If a dog knocks you over, chases you into traffic, or causes another injury, other legal paths may apply:

Negligence – such as violating leash laws or failing to control the dog.
Premises liability – if unsafe conditions on property contributed to the harm.

Even without a bite, victims may still recover damages through negligence or premises liability claims.

Local Context: Walnut Creek

Walnut Creek add important local factors to dog bite cases:

Leash rules – Many parks and public spaces require leashes, even in open areas. Violations can support negligence claims.
Reporting requirements – Contra Costa Animal Services requires dog bites to be reported, which triggers quarantine and rabies-control protocols. Reporting also creates documentation that supports your claim.

Local leash laws and reporting requirements can strengthen your case and protect public safety.

What To Do After a Dog Bite (General Guidance)

If you’ve been bitten, quick action is essential:

Seek medical attention – dog bites can cause infections and serious complications.
Report the bite – file with Contra Costa Animal Services to document the incident.
Gather evidence – take photos of your injuries, note the location, and collect the dog owner’s information.
Identify your status – clarify whether you were lawfully present on the property.
Preserve communications – keep any texts, emails, or insurance correspondence.

Prompt medical treatment, reporting, and evidence collection create a strong foundation for your claim.

Q&A: Dog Bite Law in California

Does a dog need to have bitten someone before for me to have a case?

No. California’s strict liability law applies even if it’s the first bite.

What if the bite didn’t break my skin?

A bite through clothing can still qualify under California Civil Code § 3342.

Can I sue if I was delivering mail or packages?

Yes. Delivery workers are lawfully present and covered by strict liability.

What if I provoked the dog?

You may still recover damages, but compensation could be reduced.

Do leash laws matter?

Yes. Violating Walnut Creek’s leash rules may strengthen a negligence claim in addition to strict liability.

About Brand Peters PC: Walnut Creek Injury Attorneys

At Brand Peters PC, we know how devastating dog bite injuries can be. Our team brings more than 60 years of combined legal experience to every case. We offer:

Deep expertise – handling dog bites, personal injury, and workers’ compensation together for a complete legal strategy.
Proven results – including significant recoveries in complex injury cases.
Trusted leadership – founding attorney Jonathan M. Brand has nearly 30 years of experience, supported by Nicolis Peters and Jennifer Klein-Bui.
Accessibility and care – Spanish-speaking attorneys, flexible scheduling, and client-first communication.

With decades of success and a client-centered approach, Brand Peters PC is Walnut Creek’s trusted choice for dog bite and injury claims.

Bringing It All Together

Dog bites in Walnut Creek activate one of California’s strongest victim protections: strict liability. You don’t need to prove the dog was dangerous, and you don’t need to prove prior bites. If you were lawfully present when bitten, the law is on your side.

Next steps you can take:

Get medical treatment and document your injuries.
Report the bite to Animal Services.
Preserve evidence and communications.
Contact an experienced injury attorney for help.

At Brand Peters PC, we combine compassionate support with aggressive legal advocacy. Call us today at (925) 489-0746 to schedule a free consultation. You don’t have to navigate this alone — we’re here to guide you every step of the way.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.

September 18, 2025

Auto Accidents & Ridesharing in Walnut Creek: Understanding Liability

Rideshare services like Uber and Lyft have changed how people move around Walnut Creek. But when a rideshare vehicle is involved in an accident, things can get legally complicated. Questions about insurance coverage, driver responsibility, and the role of the rideshare company often leave victims unsure of what to do next.

If you’ve been injured in a rideshare accident—whether as a passenger, pedestrian, or another driver—understanding your rights and how California law applies is crucial. In this blog, we’ll break down the key legal considerations, insurance rules, and liability issues specific to rideshare accidents in Walnut Creek.

What Makes Rideshare Accidents Different?

Unlike traditional car accidents, rideshare collisions involve not just the driver but also a third-party company—either Uber or Lyft—operating under what’s known as a Transportation Network Company (TNC) model. This structure creates layers of insurance coverage depending on what the driver was doing at the time of the crash.

To determine liability, the first step is understanding the driver’s “period of activity” on the rideshare app.

The Three Periods of Rideshare Activity

California law breaks down a rideshare driver’s time into three distinct periods, each impacting who is liable and what insurance applies.

Period 0: App Is Off

The driver is using their car for personal purposes and is not logged into the rideshare app. In this case, only the driver’s personal auto insurance applies. Uber or Lyft are not liable because the driver is not acting in their capacity as a rideshare operator.

Period 1: App On, Waiting for a Ride

The driver is logged into the app and available for ride requests but has not yet accepted a trip. Here, Uber and Lyft provide contingent insurance coverage:

$50,000 bodily injury per person
$100,000 bodily injury per accident
$30,000 property damage
$200,000 excess liability coverage (required by California AB 2293)

Periods 2 and 3: En Route or Transporting a Passenger

Once a ride is accepted and while transporting a passenger, rideshare companies provide up to $1 million in liability coverage. This includes:

$1 million in third-party liability
Uninsured/underinsured motorist coverage
Comprehensive and collision coverage (if the driver also has such coverage on their personal policy)

This full coverage is critical in serious injury cases.

Who Can Be Held Liable After a Rideshare Accident?

Understanding liability in a Walnut Creek rideshare crash often requires a case-specific review, but the following parties may be involved:

The Rideshare Driver

Drivers can be held personally liable if they were negligent. Examples include:

Running a red light
Speeding
Driving under the influence
Distracted driving

The driver’s liability depends on whether they were acting as a rideshare driver or simply using their vehicle for personal reasons.

The Rideshare Company (Uber or Lyft)

Uber and Lyft typically avoid direct liability by classifying their drivers as independent contractors. However, the companies still provide substantial insurance coverage and may be held liable if:

They negligently hired a driver with a poor driving record
They failed to remove a dangerous driver
Their app or business model contributed to the crash

Recent lawsuits have pushed back against the independent contractor defense in some cases, so TNC liability remains an evolving legal issue in California.

Other Drivers or Parties

In some cases, a third-party driver or another entity may be at fault. For example, if a delivery truck makes an illegal U-turn and causes a collision involving a rideshare vehicle, that truck driver or their employer could be liable.

California’s Comparative Negligence Rule

California follows a pure comparative negligence rule. This means that even if you were partially at fault in a rideshare accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault.

Example:

If you’re awarded $100,000 but found 20% at fault, you’ll receive $80,000.

This rule can significantly impact your recovery in a multi-vehicle crash involving a rideshare car, so it’s important to have strong legal advocacy to present your side clearly.

What to Do After a Rideshare Accident in Walnut Creek

If you’re involved in a rideshare-related crash, here’s what you should do:

Call 911 – Always report the accident to the police.
Seek Medical Attention – Get checked even if you feel fine; injuries may not be immediately apparent.
Gather Evidence – Take photos of the vehicles, surroundings, and injuries.
Get Information – Ask for names, contact info, and insurance details of all drivers involved, including whether the rideshare driver was working at the time.
Contact an Attorney – Rideshare accidents can be complex. A knowledgeable lawyer can help clarify liability, communicate with insurers, and ensure your rights are protected.

Statute of Limitations in California

California law generally gives you two years from the date of the accident to file a personal injury lawsuit. Missing this deadline could bar you from recovering any compensation.

Some exceptions may apply, such as claims involving government vehicles or minor children, but acting quickly is always in your best interest.

Common Scenarios and Insurance Implications

Scenario	Likely Coverage
Passenger in an Uber/Lyft ride is injured	$1M liability coverage from Uber/Lyft
Rideshare driver hits a pedestrian while on a trip	$1M liability coverage from Uber/Lyft
Rideshare driver causes crash while waiting for a ride request	Limited coverage ($50k/$100k/$30k + $200k excess)
Driver causes crash while off-duty	Personal auto insurance only
Another driver causes crash with rideshare passenger onboard	Third-party liability from other driver’s insurance; Uber/Lyft UM/UIM coverage may apply

Challenges in Walnut Creek Rideshare Cases

Walnut Creek’s growing population, proximity to major freeways, and popularity of rideshare services create a busy traffic environment. With more Uber and Lyft vehicles on the road, the risk of collisions increases—especially in congested areas like downtown, BART stations, and event venues.

Some of the key challenges that local victims may face include:

Disputes over whether the app was on or off
Denials of coverage from the driver’s personal insurer
Delayed responses from Uber or Lyft insurance adjusters
Difficulty proving long-term injuries or emotional trauma

Because of these factors, having a local legal team that understands how to handle rideshare-specific claims can make a significant difference in the outcome of your case.

Why Legal Help Matters

Rideshare accidents may involve:

Multiple insurers (personal and corporate)
Corporate defendants (Uber or Lyft)
Disputes over fault and damages
Time-sensitive evidence like GPS logs and app data

An experienced attorney can help by:

Investigating the accident scene and ride app data
Coordinating with doctors and expert witnesses
Negotiating with both insurance carriers
Preparing a strong case for settlement or trial

About Brand Peters PC

Brand Peters PC is a trusted personal injury law firm serving Walnut Creek and surrounding areas. The firm is known for providing attentive, results-driven representation in serious accident cases, including rideshare and auto-related injuries. Our legal team understands the local court systems, insurance tactics, and legal nuances that impact injury claims in Contra Costa County.

If you or a loved one has been involved in a rideshare accident in Walnut Creek, don’t wait to get the help you deserve. Liability in Uber and Lyft accidents can be complicated, but you don’t have to face it alone.

Contact Brand Peters PC today at (925) 489-0746 for experienced legal guidance tailored to your situation. Our team is ready to help you understand your rights, deal with insurance companies, and pursue the compensation you need to recover and move forward with confidence.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.

August 14, 2025

What if My Personal Injury Claim Is Denied in Walnut Creek?

Facing a denial after filing a personal injury claim can feel like a dead end. You’ve suffered an injury, possibly through no fault of your own, and now the compensation you were counting on has been rejected. But here’s the truth: a denial is not the final word.

In Walnut Creek and throughout California, there are clear steps you can take if your personal injury claim is denied—legally, ethically, and effectively. This guide breaks it all down so you understand your options, timelines, and the reasons behind most denials.

Why Are Personal Injury Claims Denied?

Understanding the reason for your denial is key to planning your next move. Insurance companies often deny claims for the following reasons:

1. Lack of Medical Evidence

If your medical records are incomplete or don’t clearly connect your injury to the incident, the insurance company may reject your claim. It’s essential to show causation between the accident and your injuries through consistent documentation.

2. Delayed Reporting

California law requires you to act within certain time limits. If you didn’t report the incident quickly enough to the at-fault party or failed to seek medical treatment right away, it may be used against you.

3. Disputed Fault

California follows a comparative negligence model, which means your compensation can be reduced based on your share of fault (California Civil Code §1431.2). However, insurance companies often argue that their insured is not liable at all to avoid paying.

4. Policy Exclusions or Lapses

Your claim might fall outside the scope of the policy—such as being injured during an excluded activity or if coverage lapsed due to non-payment.

5. Pre-Existing Conditions

Insurers sometimes argue that your injury was not caused by the accident but stemmed from a pre-existing issue.

These denials often stem from an effort to reduce or avoid payouts—not because your injuries aren’t valid. Fortunately, a denied claim does not have to be the end.

Step 1: Review the Denial Letter Carefully

Your denial letter should state the reason(s) your claim was rejected. Use this as a roadmap for your next steps.

Is there a claim that medical evidence was lacking?
Did the insurer cite missed deadlines?
Are they disputing fault?

Also, compare the denial with your insurance policy. Policy language can be vague or confusing. Look for unclear terms, exclusions, or coverage limits. California law often favors the insured when policy language is ambiguous, which can be a factor if you proceed to appeal or litigation.

Step 2: Submit an Internal Appeal

Many insurance companies have an internal review or appeal process. This allows you to dispute the denial without immediately going to court.

To do this:

Write a formal appeal letter explaining why you believe the denial was wrong.
Include new or missing evidence, like updated medical records, photos, or witness statements.
Be concise, professional, and factual.

Step 3: Understand the Legal Time Limits in California

In California, personal injury claims must be filed within specific deadlines, known as statutes of limitations.

General personal injury claims: You have two years from the date of injury to file a lawsuit (California Code of Civil Procedure §335.1).
Claims against public/government entities: You must file a special administrative claim within 6 months of the injury (Gov. Code §911.2). If denied, you then have 6 months from the denial date to file a lawsuit.

Missing these deadlines typically results in your claim being barred permanently. That’s why it’s essential to act quickly, even if your initial claim was denied.

Step 4: Consider Filing a Lawsuit

If your appeal is unsuccessful, the next step may be to file a personal injury lawsuit.

A formal complaint is submitted to the appropriate court, usually the Contra Costa County Superior Court if your injury occurred in Walnut Creek. The process involves several stages, including:

Discovery (exchanging evidence)
Depositions
Pre-trial motions
Mediation or settlement negotiations
Trial

Keep in mind: many cases settle before trial. However, preparing for the full process strengthens your position and may lead to a fairer settlement.

Step 5: Watch for Bad Faith Insurance Practices

California law requires insurers to handle claims fairly and in good faith. If an insurer delays, underpays, or denies your claim without a valid reason, they may be guilty of bad faith.

Common signs of bad faith include:

Refusing to investigate your claim
Misrepresenting policy language
Offering unreasonably low settlements
Delaying payment with no justification

Under California law, if you can prove bad faith, you may be entitled to additional damages beyond your original claim.

Step 6: Gather Stronger Evidence

Whether you’re appealing, negotiating, or filing a lawsuit, solid documentation is everything. Strengthen your case by:

Getting detailed medical evaluations from specialists
Requesting written statements from doctors linking the injury to the accident
Compiling wage loss documents from your employer
Retaining video footage, police reports, or witness accounts
Documenting the emotional and physical toll of your injury (often called “pain and suffering” damages)

You don’t need to figure this all out alone. Many resources, like Brand Peters PC, explain how evidence supports both workers’ comp and personal injury claims.

Step 7: Understand Comparative Fault in California

California follows a pure comparative negligence rule. That means even if you were partly at fault, you can still recover damages—just reduced by your percentage of fault.

For example, if your damages total $100,000 but you were found 30% at fault, you could still recover $70,000. This system benefits claimants but also gives insurers more leeway to shift blame.

Step 8: When the Claim Involves a Workplace Injury

If your denied personal injury claim involves a work-related incident, it likely falls under workers’ compensation, which follows its own rules.

File an Application for Adjudication of Claim with the Workers’ Compensation Appeals Board (WCAB)
You must typically file within 1 year of injury
If your claim is denied, you may request a hearing with a judge
Appeals can go to the California Court of Appeal or even the California Supreme Court

For more on this process, see Brand Peters PC’s explanation on denied workers’ comp claims.

Step 9: Know When to Seek Legal Support

While you can handle an appeal on your own, many people find it helpful to consult an attorney after a denial. A skilled personal injury lawyer can:

Review your denial letter and policy for weaknesses
Help you gather stronger evidence
Draft a detailed demand letter
Represent you in litigation if needed
Identify if bad faith practices apply to your case

Most personal injury lawyers offer free consultations and work on a contingency fee, meaning you don’t pay unless they recover compensation for you.

Final Thoughts

Having your personal injury claim denied in Walnut Creek doesn’t mean your case is over. In many cases, it’s just the beginning of the next stage.

Has Your Personal Injury Claim Been Denied in Walnut Creek? Don’t Settle for Less Than You Deserve.

At Brand Peters PC, we know how overwhelming a claim denial can be—and we’re here to help. Whether your injury was caused by a car crash, unsafe conditions, or a workplace accident, our attorneys can review your case, explain your options, and help you fight for the compensation you’re owed.

Call us today at (925) 489-0746 or reach out through our website to schedule a free consultation. Let’s take the next step together toward justice and recovery.

Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.

July 17, 2025

Alternative Medicine in Walnut Creek Personal Injury Claims

In Walnut Creek, California, personal injury victims often seek alternative medicine—such as chiropractic care, acupuncture, or massage therapy—to aid recovery from car accidents, workplace injuries, or slip-and-falls. While these treatments align with holistic health preferences, securing compensation for them in personal injury claims can be challenging. Insurance companies frequently contest the necessity or validity of alternative therapies, requiring victims to navigate a complex legal landscape.

As experienced Walnut Creek personal injury attorneys, we are committed to protecting your right to pursue the care you need. This blog explores the legal framework, challenges, and steps to ensure your alternative medicine costs are covered.

Legal Protections for Alternative Medicine in California

California law provides robust protections for injury victims seeking alternative treatments, particularly under the following statutes:

California Labor Code § 4600: This statute requires employers to provide “medical treatment that is reasonably required to cure or relieve” workplace injuries. Courts interpret this broadly, encompassing alternative treatments like chiropractic care or acupuncture when supported by medical evidence. For personal injury claims outside workers’ compensation, similar principles apply to ensure fair treatment coverage.
Statute of Limitations: Personal injury claims must be filed within two years from the injury date (California Code of Civil Procedure § 335.1). Workers’ compensation claims have a one-year limit from the injury or discovery of a cumulative condition (California Labor Code § 5405). Missing these deadlines can bar recovery, so prompt action is essential.
Pure Comparative Negligence: California’s “pure comparative negligence” rule allows recovery even if you’re partially at fault, though damages are reduced by your fault percentage. This applies to all claimed expenses, including alternative medicine.

Challenges in Claiming Alternative Medicine Costs

Insurance companies often resist covering alternative treatments, citing:

Medical Necessity: Insurers may argue that therapies like acupuncture are not “reasonably required.” To counter this, you need documentation from licensed practitioners (e.g., chiropractors or acupuncturists) proving the treatment’s necessity.
Lack of Standardization: Alternative therapies may lack uniform protocols, prompting insurers to question their efficacy. A Qualified Medical Evaluator (QME) in workers’ compensation cases can provide expert validation to strengthen your claim.
Cost Concerns: Insurers may push for cheaper conventional treatments. Skilled legal representation can ensure fair compensation for your chosen care.

State vs. Federal Law Considerations

Most Walnut Creek personal injury claims fall under California law, but federal employees are governed by the Federal Employees’ Compensation Act (FECA), which imposes a three-year statute of limitations and stricter treatment coverage rules. If your injury involves a federal employer, consult an attorney versed in both systems to maximize your recovery.

Practical Steps to Protect Your Claim

To secure compensation for alternative medicine, take these steps:

Hire Experienced Counsel: Brand Peters PC has recovered millions for clients, including $3.7M for a workplace injury and $750K for a motorcycle accident, ensuring alternative treatment costs are included. Clients with legal counsel recover nearly three times more than those without.
Document Thoroughly: Maintain detailed records of medical visits, treatment plans, and costs. This evidence is critical during negotiations or litigation.
Request a QME Evaluation: In workers’ compensation cases, a QME can validate alternative treatments. Prepare by providing comprehensive medical records and clear symptom descriptions.
Act Promptly: Report workplace injuries within 30 days and file claims within the applicable statute of limitations. Delays can jeopardize your case.
Understand Settlements: Most claims (97%) settle out of court. Our attorneys negotiate to include alternative medicine costs, but we’re prepared to litigate if needed.

Why Choose Brand Peters PC?

Located at 1777 Botelho Dr #220, Walnut Creek, Brand Peters PC combines over 60 years of legal expertise with a client-first approach. Our Spanish-speaking attorneys ensure accessibility, and our contingency fee model means you pay nothing unless we win. Trusted by thousands, we’ve secured substantial settlements and provide personalized guidance through Contra Costa County courts and the Workers’ Compensation Appeals Board. Client testimonials highlight our compassion, responsiveness, and results-driven advocacy.

Contact Us Today

If you’re a Walnut Creek resident seeking alternative medicine for a personal injury, don’t let insurance companies undermine your recovery. Contact Brand Peters PC today to schedule a free consultation. Our dedicated attorneys will evaluate your case, advocate for your right to holistic care, and fight for the maximum compensation you deserve. Call us at (925) 489-0746 to take the first step toward regaining control of your life.

Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.

June 18, 2025