California Personal Injury Laws: Points You Must Know
If you have been injured in an accident, or have lost a loved one, you certainly know how excruciating the pain is.
13:12 20 February 2020
It is not just the physical pain we have to deal with but even the emotional one. Now, what if the accident occurred because of someone else’s negligence? Doesn’t that aggravate your pain more? Of course, it does, and so, instead of just being calm about it, it is good to fight for your rights.
The thing is, there are several emotions involved when the guilty get punished. Now, since not all of us are well-versed with the personal injury laws, we need assistance from reputed personal injury lawyers like ElDabe Ritter Trial Lawyers in Los Angeles, CA. The said law firm represents simple as well as complicated personal injury cases and surely can help you with yours too.
Personal Injury Laws in California
When you suffer from any sort of injury due to another party’s purposeful conduct, or negligence, you can file a personal injury lawsuit against them. The idea is to recover financial compensation for your pain and suffering, medical bills, reduced earning capacity, lost wages, etc.
Nevertheless, it is important to know California personal injury laws to acquire this compensation. Even if you are planning to hire an attorney, it is always a good idea to educate yourself concerning the personal injury laws. Therefore, here are a few things you must know…
CA IS A TORT STATE
There are two types of insurances – fault and no-fault. Now, CA is a proportional fault state. This means that you are partly responsible for the accident you caused. Now, if a person is 30 percent responsible for an accident, he/she pays 30 percent of the negotiated amount to the injured.
After getting injured in an accident, the first thing you must do is contact the faulty person’s insurance company and make a claim. They are supposed to respond within 15 days, and thereafter they have 40 days to either accept or deny the claim. If they try to negotiate, you should involve your attorney. If a compensation amount is not agreed upon, your lawyer will take the case to court.
LAW CONCERNING THE LIMITATIONS
In CA, you can file a case for medical expenses within 2 years, and damages to property in 3 years. You don’t get an extension, unless
- You were underage when the accident happened,
- It is not possible to summon the faulty party, or
- Your injuries were not apparent in the beginning.
Consulting a Personal Injury Lawyer makes sense
Personal injury lawyers have a strong team at their disposal. They have medical specialists, industry experts, and accident Reconstructionist working with them. All in all, they can represent your case much better compared to what you can. Also, they have experience handling almost all the types of personal injury cases, and thereby they know all the tactics as well.
Lastly, keep in mind that insurance companies have their lawyers to negotiate with you. Usually, their lawyers make offers that aren’t worth going after. So, to ensure that you get what you deserve, have a professional, experienced and reputed personal injury lawyer on your side.