Best Personal Injury Lawyers Irvine, CA Of 2024 – Forbes

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If you want to file a personal injury lawsuit in California, it is crucial for you to be aware of the rules and regulations to navigate the legal system. We have prepared a guide to help you understand the personal injury laws applicable in your state, including the statute of limitations and how compensation is determined or limited.

California Statute of Limitations

California law puts strict limits, or a statute of limitations, on how long victims have to take legal action after suffering harm due to the negligent or reckless actions of another. Personal injury cases must be filed no more than two years after the incident that caused the harm.

The statute of limitations can be extended in rare situations, but typically, a case will be dismissed after this deadline. It’s important to know the deadline imposed by the statute of limitations is for filing the lawsuit—some cases may drag on for years after filing, well beyond the initial deadline.

As long as you file your lawsuit properly before the expiration of the statute of limitations, your case will be allowed to proceed.

California Personal Injury Laws

Every state has laws about personal injury laws. Knowing how these laws might affect your lawsuit in California can help you determine how to proceed. For example, if you know that there’s a cap on what you could receive from a court, you might think twice before turning down a settlement offer.

Here are just a few of the unique personal injury laws in California:

Negligence Standard in California. Under a pure comparative negligence standard, like the one in California, injured people can be compensated no matter what share of blame they have for the events that caused the injury. Each party’s ability to recover is limited by their responsibility, however, so if someone is 99% at fault, they can only recover 1% of their damages. This is different from most states that use a “modified” comparative negligence standard that doesn’t allow for anyone to recover who is more than 50% (or sometimes 51%) responsible.

California Damage Caps. Non-economic damages are capped at $250,000 in California. This means that a plaintiff can recover for all of their calculable and clearly defined damages like damage to their property or the cost of medical treatment after an injury. Other damages the jury awards for things like pain and suffering, however, are capped at $250,000.

How Can An Attorney Help You?

A personal injury attorney in Irvine can help you file your case, gather evidence and witness statements and determine an appropriate amount of compensation to demand. They can then help to negotiate your case in an effort to find agreeable terms for both you and the defendant.

While the vast majority of personal injury cases are settled, some do go to trial, in which case your lawyer will litigate on your behalf as well.

It’s possible to handle a personal injury claim without an attorney—especially for some minor injuries that the insurance company is happy to pay for—but sometimes the service of a good lawyer is invaluable. Many personal injury lawyers offer free consultations, too, so there’s little harm in scheduling a meeting.

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