Frequently Asked Questions
YES. Although you technically have the right to represent yourself, doing so is rarely in your best interest. Whether you're dealing with a personal injury claim, auto accident, or consumer debt issue such as a Chapter 7 bankruptcy filing, having an experienced attorney on your side can make a significant difference in the outcome. Legal proceedings are complex and full of deadlines, procedural rules, and technical requirements. A skilled and experienced attorney helps you avoid costly mistakes, maximize your recovery (in personal injury claims), and obtain the optimal relief available (in bankruptcy and debt-related matters). Moreover, the Law Offices of Timothy Combs handles accident and personal injury matters on a contingency fee basis. That means there are No Upfront Legal Fees billed to you. We get paid at the successful resolution of your case. If there is no recovery, there is no fee. In short, hiring an experienced attorney isn’t just helpful — it’s often essential and certainly a wise decision. We will tailor a legal strategy to best accomplish your specific goals.
PERSONAL INJURY & AUTO ACCIDENT FAQs
As explained above, we work on a contingency fee basis. That means you pay nothing upfront and no legal fees unless we recover money for you. Our fee is a percentage of the settlement or judgment, and we only get paid if you do. This allows injured clients to get quality legal representation without taking on significant financial risk. We are a team, working together for your best possible outcome.
Ensure your safety first and seek medical attention if needed. Call the police and file a report, if possible. If safe to do so, take photos of the vehicles, your injuries, and the accident scene. Collect contact and insurance information from all involved parties and any witnesses (taking pictures of driver's licenses and insurance documents can be helpful). Do not admit fault. As soon as possible, contact the Law Offices of Timothy Combs before speaking with ANY insurance companies.
You generally have two (2) years from the date of the accident to file a personal injury lawsuit in California. For property damage claims, the deadline is typically three (3) years. If a government entity is involved, the deadlines begin to run as early as six (6) months. Missing these important deadlines may permanently bar your claim. In other words, if the many critical deadlines and Statutes of Limitations are not handled correctly, you will recover NOTHING.
The value (and collectability) of your case depends on several factors, including the facts of the accident, severity of your injuries, the cost and duration of your treatment, lost wages, pain and suffering, and insurance policy limits. Every case is unique, and no honest attorney will promise a specific dollar amount upfront. In fact, we are ethically barred from making any guarantees as to the outcome of a legal matter. But rest assured, we always aim to recover the maximum compensation allowed by law.
Note: Prompt and consistent medical treatment is also critically important. Gaps in treatment, delays in getting care, or inconsistent follow-up can significantly harm the value of your personal injury case. Insurance companies will look for any reason to minimize or deny your claim — and treatment delays give them exactly that. Let us help you receive the compensation you deserve!
Some cases resolve in a matter of weeks, while others take months or even years. Factors include the complexity of your injuries, the duration of treatment, whether liability is disputed, and the willingness of the insurance company to settle. While we always strive for efficient resolution, we never sacrifice value for speed. That being said, we are proud of our record of efficiency, with the vast majority of cases settling without the need to file a lawsuit. This saves you both time and money.
No. Insurance adjusters are trained to minimize payouts. They are NOT your friend. Even seemingly harmless comments can be used against you later. Let your attorney handle all communication with insurance companies to protect your rights and preserve the value of your claim.
Yes. California follows a “pure comparative negligence” rule, which means you can recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault, your recovery would be reduced by 20%. As appropriate, we will always fight to place the maximum percentage of fault on the other party.
Yes. We work with a network of medical providers who accept patients on a lien basis, meaning they agree to treat you now and wait for payment until the eventual resolution of your case. This ensures you get the care you need without paying anything upfront or out of pocket.
In California, personal injury damages can include medical expenses, future medical care, lost wages, reduced earning capacity, property damage, pain and suffering, emotional distress, and in rare cases, punitive damages. The specific damages available depend on the specific facts of your case.
Yes. Early settlement offers are often far below the true value of your case. Insurance companies count on you not knowing what your claim is really worth. An experienced attorney can evaluate the offer, negotiate for more, and file a lawsuit if necessary to secure full compensation. Do not be enticed by a "lowball" offer — it’s made to benefit the insurance company, not you. The truth is, insurance companies hate it when accident victims hire attorneys — because they know it will cost them more money.
Absolutely! You have the right to change attorneys at any time. We often speak with people who are frustrated with their current legal representation. We’ve taken on many such cases and have left our clients highly satisfied with the results. If we accept your case, we’ll handle the transition — including contacting your previous attorney — so you don’t have to. Reach out to us as soon as possible. If we take over your case, we will handle everything for you. At our firm, you’re more than just a number — you are our top priority.
If the at-fault driver has no insurance — or not enough to cover the full value of your claim — this can create a serious gap in your ability to recover compensation. Fortunately, if you carry uninsured/underinsured motorist coverage (UM/UIM), in many cases, with our help, your own insurance may be compelled to step in and help cover the difference. This type of coverage is crucial in situations where the at-fault party cannot fully pay for your injuries, lost wages, or other damages. We’ll review all available insurance policies to maximize your recovery and ensure nothing is overlooked. This is why the Law Offices of Timothy Combs strongly advises our clients to always carry an ample amount of auto liability insurance to the extent their budget allows — and to match it with an equal amount of Uninsured/Underinsured Motorist coverage.
CHAPTER 7 BANKRUPTCY FAQs – (California)
Chapter 7 is a form of consumer bankruptcy relief that helps eligible consumers wipe out (discharge) most unsecured debts, such as credit card balances, medical bills, and personal loans. In exchange, a court-appointed trustee may sell non-exempt assets to repay (or partially repay) creditors.
However, most Chapter 7 filers in California are able to keep all or most of their property due to generous exemption laws — and having an experienced attorney can make all the difference. Our expert bankruptcy attorney is well-versed in using every available exemption to protect your home, car, retirement accounts, and other important assets. Most importantly, we will advise you about what to expect and the likely outcomes before you make your decision whether or not to file. Our goal is to help you, not to make your life more difficult.
It’s also important to understand that not all debts can be discharged. Certain obligations — such as child support, most student loans, recent tax debts, and debts involving fraud or intentional misconduct — are typically not wiped out in Chapter 7. We will review your financial situation thoroughly and explain exactly what debts may or may not be dischargeable in your case.
Eligibility for Chapter 7 is based on several factors, including your income, household size, expenses, and assets. One of the first steps is completing the Means Test, which compares your income to the California median and adjusts it using specific IRS standards.
Even if your income is above the median, that doesn’t necessarily disqualify you. Attorney Timothy Combs has successfully guided many above-median clients through Chapter 7 by performing deeper legal analysis and advocating for their eligibility based on their full financial picture.
Your overall ability to repay debts, as revealed in your bankruptcy schedules, also plays a role. It’s a highly technical process — the Chapter 7 petition and supporting paperwork can easily exceed 100 pages. You need a legal expert on your side. We’ll help you determine your eligibility and guide you through the entire process.
If you’ve filed for bankruptcy in the past, you may be wondering if you can file again. The answer depends on what chapter you filed under and when. For Chapter 7, you must wait 8 years from the filing date of your last Chapter 7 case. If your previous case was a Chapter 13, the waiting period is typically 6 years, though there are exceptions.
Even if you're not yet eligible to file another Chapter 7, we can still help you understand your options and plan for the future—whether it’s exploring alternative protections or preparing for a qualified filing down the line.
You’re not legally required to hire an attorney to file for Chapter 7—but trying to do it alone is risky. Bankruptcy is a legal process governed by strict federal laws, deadlines, and paperwork filed under penalty of perjury. Mistakes or omissions—whether accidental or misunderstood—can have serious consequences, including loss of property, denial of discharge, or even allegations of fraud.
A qualified bankruptcy attorney does far more than just fill out forms. We help you understand how to protect your assets using California’s exemption laws, determine your filing eligibility, represent you at required hearings, and build a legal strategy tailored to your specific situation. With so much at stake, professional guidance is not just helpful—it’s essential.
At The Law Offices of Timothy Combs, we offer straightforward, flat-rate fees that are both reasonable and transparent—making experienced legal help accessible when you need it most. In most situations, the cost of doing it right is far less than the potential cost of getting it wrong.
One of the biggest immediate benefits of filing for Chapter 7 is that it puts a stop to the stress. As soon as your case is filed, the court imposes an automatic stay under 11 U.S.C. § 362, which legally halts most collection activity—instantly. That means no more harassing phone calls, wage garnishments, lawsuits, bank levies, or foreclosure proceedings.
If a creditor continues trying to collect after you're protected, they’re violating federal law and could face serious consequences. The automatic stay gives you space to breathe and regain control—without the fear of being hounded by creditors.
In most cases, NO. California offers two powerful exemption systems — commonly referred to as System 1 and System 2 — that may allow you to protect equity in your home, vehicle, retirement accounts, household goods, and other important property. Choosing the right system is crucial and depends on your specific financial situation.
At the Law Offices of Timothy Combs, we take the time to carefully evaluate your assets and apply the best available protections. With proper planning and experienced legal guidance, our clients very rarely have to surrender any property. Most importantly, we make sure there are no surprises. You will know upfront what to expect before your case is filed, so you can move forward with confidence.
No—you must disclose all of your debts, assets, and creditors when you file for Chapter 7. The law requires complete financial transparency, and the forms you submit are filed under penalty of perjury. You can’t selectively “leave out” a credit card, loan, or personal debt just because you want to keep paying it or avoid notifying a specific creditor.
However, in some cases, you may be able to reaffirm a particular debt—such as a car loan or furniture financing—if you want to keep the asset and stay current on payments. A reaffirmation is a formal agreement filed with the court that legally recommits you to that debt, even after the bankruptcy is over.
At The Law Offices of Timothy Combs, we can help you evaluate whether reaffirmation makes sense in your situation and guide you through the process if it's the right decision. These agreements must be handled carefully, as they can carry long-term consequences for your finances and financial future.
Chapter 7 bankruptcy can eliminate many types of unsecured debt, including credit cards, medical bills, personal loans, utility bills, and certain court judgments. However, not all debts are dischargeable. Common exceptions include child support, most student loans, recent tax obligations, government fines and penalties, and debts related to fraud or criminal activity.
Discharging overwhelming debt through Chapter 7 can offer true relief — giving you a clean financial slate and a path toward long-term peace of mind.
Generally, no. Most credit cards will be closed once you file, even if you have a zero balance. However, rebuilding credit after bankruptcy is not only possible — it’s often faster than most people expect. Many of our clients begin receiving credit card offers again within just a few months of their discharge. In fact, some go on to finance vehicles or even qualify for home loans within a relatively short period of time. With proper guidance and responsible planning, a fresh start can lead to real financial independence. We're here to support you not only through the bankruptcy process, but also in rebuilding your financial future once your case is successfully closed.
Usually not in the traditional sense. However, almost all filers are required to attend the meeting of creditors — called a 341(a) hearing — conducted by your assigned bankruptcy trustee. While this meeting is usually straightforward, you will be placed under oath and asked questions about your finances. It’s essential to be both represented and well-prepared.
Although rare, there are situations where court appearances in front of the Bankruptcy Judge or additional trustee hearings may be necessary — especially if creditors object or there are concerns about your eligibility or asset disclosures. That’s why it’s critical to have an experienced bankruptcy attorney by your side. At the Law Offices of Timothy Combs, we make sure you’re fully prepared and represented throughout the entire process, so you never have to face it alone or be caught off guard.
A typical Chapter 7 case takes about 4 to 6 months from the time of filing to the final discharge. However, the entire process also includes preparation time before filing, which can vary depending on how quickly you gather documents and complete the required credit counseling. Once filed, the court schedules a 341(a) meeting of creditors within about 30 to 45 days. If no objections arise, the discharge usually follows a few months later.
During this time, the automatic stay goes into effect, immediately stopping most collection actions — including lawsuits, garnishments, and harassing phone calls — providing powerful and immediate relief.
Chapter 7 is significantly faster, less complicated, and more affordable than Chapter 13 or other bankruptcy options. At the Law Offices of Timothy Combs, we work hard to streamline the process, avoid unnecessary delays, and ensure you're informed every step of the way — so you can move forward with confidence and peace of mind.
No. While a Chapter 7 filing may appear on your credit report for up to 10 years, many clients see a significant improvement in their credit score within a year or two — especially if they had high debt or collections prior to filing. Bankruptcy gives you a fresh financial start, and with smart rebuilding strategies, your credit can recover much faster than you think.
At the Law Offices of Timothy Combs, we don’t just guide you through the bankruptcy process — we remain available to answer your questions and provide general guidance, even after your case is successfully closed.