If you’ve been hurt in an accident in California, you may be weighing the pros and cons of filing a personal injury claim against the person responsible for your injuries. There’s a lot of information out there, and it can be overwhelming if you don’t know where to start.
The best place to start is usually at the very beginning, so you may want to look into the laws that govern the personal injury claim process. It’s imperative that you understand these important laws before even attempting to file a claim.
The Big Three: Important Laws Regarding Injury Claims
Below, we take a look at three laws that could impact your injury claim.
Negligence Law
In California, negligence law declares that every person is responsible for his or her actions. If another person is harmed because of those actions (or inaction), the responsible party can be held legally accountable.
In some cases, negligence can be criminal, but in every case where negligence and damages have been proven, the negligent party can be ordered to compensate the victim.
Shared Fault Law
The shared fault law, also known as comparative negligence, states that, in the event that someone is harmed in an accident, the fault will of each involved party will be compared in order to determine how much compensation the victim should receive.
If you are injured in an auto wreck because of a drunk driver, you can sue the driver for damages. Let’s say that you were speeding at the time of the crash, though. You can be found partially at fault for the accident, which will result in a proportionate reduction of your claim’s value. This is because you shared the fault for the accident with the other driver.
It’s important to note that you can still seek damages from the other party if you are found partially to blame. The other party is still responsible for his or her portion of the blame for your injuries.
Statute of Limitations
The statute of limitations is a law that limits the amount of time you have to file a personal injury claim after an accident. Miss this deadline, and your personal injury claim will very likely be thrown out.
In California, the statute of limitations for most personal injury claims is two years from the date of the accident or from the date when a reasonable person would have identified an injury.
Reach Out to a San Diego Personal Injury Lawyer
Filing a personal injury claim can be complicated and stressful, and understanding the laws surrounding personal injury cases may make you want to throw in the towel. Don’t give up without discussing your claim with an injury attorney from our firm.
We offer free case reviews. You can tell us all about your accident claim, and we will let you know whether you have a case, as well as how much your case might be worth.
We understand the laws that impact injury claims, and we know how to reach a successful claim resolution. The Kindley Firm, APC, can be reached at 619-550-1313. You may also fill out the online contact form at the bottom of this page.
