Best Personal Injury Lawyers Santa Ana, CA Of 2024 – Forbes

3 minutes, 6 seconds Read

When you or a loved one is injured, getting legal advice from a qualified personal injury lawyer in Santa Ana can be essential for understanding filing deadlines and other California-specific laws and regulations.

California Statute of Limitations

The statute of limitations is a legal time limit determining how long you have to file a lawsuit after an accident and injury. In California, you generally have two years to file a lawsuit if someone else caused your injury carelessly or recklessly. The clock starts ticking from the moment the incident happens.

However, if you have suffered an injury and are considering taking legal action, talk your case through with a personal injury lawyer. Specific situations could shorten or lengthen the time available to file a personal injury lawsuit. If you file too late, your case may get thrown out, leaving you unable to recover compensation.

California Personal Injury Laws

Various unique California personal injury laws could impact your case. Here are just a few examples of laws that differ from those of other states:

Dog Bite Liability

In California, unlike some other states, individuals bitten by a dog do not have to prove the owner’s negligence to recover compensation. The owner will most likely be liable for damages regardless of whether:

  • The dog had injured someone before
  • The owner knew or didn’t know that the dog might act aggressively
  • The owner did or didn’t take precautions to prevent dog bites

Exceptions include the victim trespassing or provoking the dog attack.

Personal Injury Recovery Caps

In California medical malpractice cases, non-economic damages, such as pain and suffering, are currently capped at $350,000, but this amount will increase by $40,000 each year until it reaches a cap of $750,000. If a wrongful death is involved, the current cap is $500,000 but this is also on a schedule of increases, going up $50,000 per year until it reaches $1 million.

In car accidents, uninsured drivers may typically not recover any non-economic damages regardless of who is responsible for the crash. However, drivers without car insurance may recover non-economic damages if the person causing the accident is under the influence of alcohol or drugs.

Identifying Fault in California

California uses the rule of pure comparative negligence to determine fault. Under this legal doctrine, each party’s degree of fault for the accident or incident is assessed, even if they’re the injured victim. The compensation is then adjusted depending on the parties’ degree of fault. In practice, this means a driver with $100,000 in damages who is found to be 30% at fault for the crash can only recover $70,000 in compensation.

If you are partially responsible for your accident, having a seasoned personal injury lawyer in your corner can be critical, as the other side may try to push the blame for an accident on you and argue that you have a higher percentage of fault. An attorney can level the playing field and ensure you are treated fairly.

How Can an Attorney Help You?

When you’re injured due to someone else’s carelessness or recklessness, a personal injury lawyer can guide you through the legal process and ensure your rights are protected every step of the way. They can:

  • Investigate your accident and determine who is responsible
  • Represent your best interests in negotiations with an insurance company
  • Gather evidence such as witness statements and medical records
  • Assess the worth of your claim
  • Represent you at trial

Handling a car accident claim on your own can be challenging. Insurance adjusters often aim to minimize payouts, or they may deny compensation altogether. However, a skilled personal injury lawyer in Santa Ana can negotiate with the insurance company and fight hard for fair compensation for medical bills, lost income, pain and anguish and more.

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

Similar Posts