Key Factors to Consider in Your Case 

For many people, experiencing a serious accident or injury is the first time they’ve had to deal with the legal system. It can be overwhelming, especially when you're already trying to focus on recovery. That's why Michelle Choe believes in educating her clients from the very beginning. The more you understand the legal process, the more empowered you are to make informed decisions that protect your rights and maximize your outcome. 

Whether you've been injured in a car accident, slipped and fell on someone else’s property, or are facing long-term recovery after an accident, knowing what factors affect your case can make all the difference. Below are some of the key elements Ms. Choe considers when evaluating your claim, and how she uses that information to fight for your best possible result. 

1. Statute of Limitations: Don't Wait Too Long 

One of the most critical legal deadlines is the statute of limitations, which is the amount of time you have to file a claim. These deadlines vary depending on the type of case, for example:   

• In personal injury cases, you generally have 2 years from the date of the accident to file a lawsuit. 
• In Lemon Law cases, you typically have 4 years from the date you discovered the vehicle defect. 

However, some exceptions can shorten or extend these timeframes, depending on the details of your case. That’s why Ms. Choe strongly encourages individuals who have been injured to contact her as soon as possible after the incident. The earlier she is involved, the more time she has to collect evidence, preserve witness statements, and protect your claim before any deadlines are missed. 

2. Severity of Injuries and Their Impact on Compensation 

The more serious your injuries are, the greater the impact they’re likely to have on your life, and the higher your potential compensation may be. In personal injury law, the value of a case is closely tied to how significantly an injury affects your physical, emotional, and financial well-being. That’s why the severity of your injuries is one of the most critical factors in determining what your case is worth. 

Minor injuries that heal quickly with little treatment may result in smaller settlements. But serious injuries like broken bones, nerve damage, or long-term disabilities often require ongoing care, time off work, and lasting lifestyle changes. These all contribute to increased damages for medical costs, lost income, pain and suffering, and future care needs. 

Understanding the full extent of your injuries allows Ms. Choe to demand the compensation you actually need, not just now, but for the months and years ahead. It's not just about the visible damage; it's about ensuring your recovery is fully supported. That’s why this factor plays such a central role in how your case is evaluated and pursued. 

3. Estimating Long-Term Care and Future Expenses 

When injuries are severe or permanent, it’s not enough to look at today’s medical bills. Ms. Choe hires certified life care planners who specialize in estimating the long-term costs of your recovery. This may include: 

• Ongoing physical therapy or pain management 
• Assistive devices like braces or wheelchairs 
• In-home care, surgeries, or medical supplies 
• Adjustments to your home or vehicle due to disability 

This ensures that future care is properly calculated into any settlement or trial award, and that no costs are left unaccounted for. 

4. California’s Comparative Fault Rule 

Another important factor to consider in your case is that California follows a comparative fault system, which means that if you were partially responsible for the accident, your compensation may be reduced. For instance: 

• If you're found 25% at fault, your final compensation would be reduced by 25%. 
• If you're more than 50% at fault, you may not be eligible to recover anything. 

Ms. Choe carefully examines accident reports, witness statements, and physical evidence to challenge any unfair claims of fault made against you, and to ensure that your role in the incident is accurately represented. 

5. Evidence and Documentation: Building a Strong Case 

One of the most critical factors in any personal injury case is the strength of the evidence. No matter how severe your injuries or how clear the fault may seem, your claim must be backed by solid, well-documented proof. That’s why Ms. Choe takes a hands-on, proactive approach to gathering everything needed to build the strongest possible case from the outset. 

Some of the key evidence she collects includes: 

• Medical records and bills to show the extent of your injuries, treatment history, and healthcare costs 
• Photos and videos of the accident scene, property damage, and physical injuries 
• Witness statements to support your version of events 
• Police or incident reports for third-party documentation of what happened 
• Repair estimates or property damage documentation, especially in vehicle-related accidents 
• Insurance policy details, including your coverage and the at-fault party’s 
• Proof of lost wages such as pay stubs, tax returns, or employer verification if you've missed work 

Even if you’re unsure where to start or don’t have everything on hand, Ms. Choe will take care of the entire evidence-gathering process for you. Her office knows precisely where to look, how to request records, and how to organize them all into a compelling legal claim. 

This evidence serves as the foundation for every key part of your case, from calculating fair compensation to responding to insurance adjusters, and if needed, presenting your story in court. With Ms. Choe managing the details, you can focus on your recovery while she builds the case you deserve.   

6. Insurance Coverage: The Ceiling for Compensation 

Another key, but often overlooked, factor in personal injury cases is the amount of insurance coverage available. In most situations, your compensation is limited by the at-fault party’s insurance policy. Ms. Choe reviews all available coverage early in the process, including any underinsured or uninsured motorist coverage (UM/UIM) that may apply. In hit-and-run cases, she can even work with law enforcement and DMV resources to identify a driver by plate number and pursue compensation through your own policy if necessary. 

Understanding the limits of coverage helps Ms. Choe determine realistic expectations and prepare a strategy to maximize recovery from every available source. 

Know What’s at Stake and Let Ms. Choe Help You Take Control 

Personal injury cases are complex, but they don’t have to be confusing. By understanding the key factors that affect your case, you’re better equipped to make informed decisions and protect your future. Whether you're dealing with a soft tissue injury, a long-term disability, or an uncooperative insurance company, Ms. Choe is ready to step in and take the pressure off you. 

Fill out our Personal Injury Claim Form today and allow Ms. Choe to evaluate your situation, identify the legal and financial factors at play, and help you understand what your options look like. 

From there, you can schedule a confidential consultation to walk through the next steps, discuss your treatment progress, and start building a strategy tailored to your needs.