Best Personal Injury Lawyers In Riverside, CA (2024) – Forbes

4 minutes, 37 seconds Read

California is home to more than 11% of the country’s population, counting 30 million residents in 2020. If California were a country, it would be the 5th largest economy in the world. Because of its size and economic strength, California laws can differ significantly from those in other U.S. states.

If you are injured in California, you may be able to file a civil lawsuit to recover compensation for your injuries. In the U.S., every state’s laws are different, so it’s helpful to know a few basics about the law that applies in your case. These can help you determine whether you may be entitled to file a personal injury lawsuit. If you have a claim and need to know how to pursue a lawsuit, consult with a personal injury lawyer.

CA Statute of Limitations for Personal Injury Claims

Most states have a statute of limitations for personal injury claims that limits the amount of time you have to file a lawsuit for your injuries. California has a two-year statute of limitations on most personal injury claims; in general, you must file a lawsuit within two years of your injury. The court may dismiss claims filed after that period, causing you to lose your right to recover damages.

If you have claims against a city, county or state agency in California, you only have six months to begin a lawsuit. Lawsuits against municipalities or government agencies also have other procedural rules and requirements that you must follow; if you do not file these claims correctly and on time, you may lose your right to recover.

It’s never too soon after an injury to contact an experienced personal injury attorney, but it can be too late. Even the best personal injury lawyers can’t help you recover if the statute of limitations has expired. However, some circumstances can extend the statute of limitations, giving you more time to file a claim. An attorney can help you determine whether you meet any exceptions or whether your situation could warrant an extension.

California Laws for Personal Injury Claims

Every state’s laws about personal injury laws are different. Some important California laws that may be relevant to personal injury cases include:

  • Limits on medical malpractice recovery. California caps some types of damages in medical malpractice cases. There is no limit on the amount of “special” damages (economic damages) you can recover, such as medical bills, expenses and lost wages. However, there is a maximum recovery of $350,000 for non-economic or general damages like pain and suffering. This cap increases every year through 2033 until it reaches $750,000.
  • Limits on auto accident recovery for uninsured drivers. Uninsured drivers can usually not recover non-economic damages in a car accident case unless the other driver was both under the influence of drugs or alcohol and at fault for the accident.
  • Strict liability for dog bites. In California, a dog owner is liable for injuries their animal causes to others as long as they occur in a place the victim is entitled to be (i.e., a public place or private property with permission). This is true even if the dog has no history or indications of violence, although there are exceptions for cases where the victim provokes or harasses the animal.

Identifying Fault for a California Personal Injury Claim

California and federal laws establish legal obligations for individuals and corporations. If a person or company’s conduct doesn’t comply with these requirements and causes harm, they may be liable for damages. Although some injuries result from unavoidable accidents or occurrences, many are caused when a person or company simply fails to use the care required by law. This is called negligence.

A person damaged by someone’s negligence may be able to recover compensation for their damages in a personal injury lawsuit. To do so, they must show that another person or entity owed them a legal duty, breached that duty and caused them injury and damage.

Sometimes, a person’s injuries are partly due to their own conduct. California accounts for any shared fault using a system called pure comparative negligence. Under this approach, the court determines how much fault to assign each party and reduces their damages accordingly. Even if a person is 75% at fault for an accident that caused their injuries, they may be able to recover 25% of their total damages..

How Can an Attorney Help You?

Consulting with an experienced personal injury lawyer soon after your injury can help you determine which claims you may have and ensure that you preserve your legal rights to file timely actions. An attorney can help you compile a complete, organized summary of all damages that may be compensable and the documentation you need in support of your claim. They can help you document your treatment progress and limitations and recommend treatment providers who can work with you to defer payment until you collect from the responsible parties.

A personal injury attorney can also work with you to explore government or private benefits that may apply to your situation. For example, Social Security Disability Insurance (SSDI) benefits may be available if your injuries leave you severely physically or mentally disabled. You may also be entitled to pension benefits from a union, Medicare payments, Veterans’ Administration (V.A.) benefits or other private insurance benefits related to your injury or disability status.

The best personal injury attorneys can help you pursue a settlement or verdict from the party responsible for your injury without endangering your eligibility for these programs and services.

This post was originally published on 3rd party site mentioned in the title of this site

Similar Posts