California Personal Injury Laws

It can be annoying to have to prove somebody else’s negligent behavior in a personal injury case. Holding someone accountable for their actions can be cathartic and important for the healing process. Without the aid of a personal injury lawyer, you might not get the outcome that you desire. A good lawyer can represent your case from start to finish and make sure you have a solid understanding of California personal injury laws going forward.

California Personal Injury Laws

It can be difficult to navigate personal injury settlements on your own. Having someone on your side who understands the complexities of personal injury laws and can provide you with consistent feedback, advice, and planning can only benefit your case for compensation. A good personal injury lawyer can help you meet important filing deadlines, make sure you fill out the paperwork correctly, and assist you in building a strong enough case to get your compensation.

If you decide to file legal action against the party who caused you harm, it is important to the survival of your case that you adhere to the statute of limitations for personal injury claims in California, which is generally two years. In most cases, the state gives you two years to:

• Establish the grounds for your claim.
• Create a strong case.
• Assemble the necessary evidence.
• Consult a personal injury lawyer.
• File a claim to seek compensatory damages.

If you are unable to file a claim before two years have passed, there is a good to fair chance that your:

• Claim will be denied.
• Case will be dismissed outright.
• Opportunity to seek compensatory damages from the negligent party will pass by with no legal action taken.

Building a solid personal injury case can take some time, so it is important that you start doing so as soon as possible. A good lawyer can determine if you already have a strong enough case.

Legal Right to Sue

In California, you cannot just take legal action against anyone you want for any reason you feel is justified. You have to establish a legal right to sue before you can move forward with your case. To establish the right to take legal action, you have to prove some essential factors in your case:

• You suffered harm due to someone else’s negligent actions.
• You are a natural person or business entity and have legal status as such.
• You are filing legal action of your own free will and with the mental capacity to do so.

If you can prove these statements, you can then bring a solid personal injury case against the party that has wronged you. It is also very important to know exactly who you are trying to take action against. In some cases, it might be straightforward. In other cases, it might be tough. For example, if you are pursuing legal action for a car accident, you may instinctively want to file your claim against the driver of the other vehicle.

However, there is a chance that the driver might not be responsible for the accident. An investigation could prove that the car’s manufacturer messed up a design element or that a recent mechanic failed to put something back on properly. It is important to have all the facts before pursuing legal action, and a good personal injury lawyer can figure out exactly who to go after.

FAQs

What Is the Personal Injury Law in California?

The personal injury law in California establishes the legal right for someone to seek compensatory damages from someone else who has caused them serious personal injury through reckless actions, malicious intent, or negligent behavior. Knowing your rights in these situations is important, as you will need to pursue legal action against the right people for your case to succeed. A strong California personal injury lawyer can make sure you are filing against the properly liable parties.

What Is the Time Limit for Personal Injury Claims in California?

The time limit for personal injury claims in California is two years. You will have two years to:

• Create your case.
• Gather all the evidence you will need to support your claim.
• Consult a seasoned personal injury lawyer.
• File a claim to seek compensation for all your losses.

If you are unable to file your case before two years have passed, there is a strong chance that your case will be dismissed, and you won’t be allowed to seek compensation at all.

How Are Personal Injury Settlements Paid Out in California?

Personal injury settlements in California are generally paid out in one of two ways. Most settlements are paid out in a lump sum, in which you are awarded the total amount at one time in a single payment. Some settlements may be paid in structured payments, in which the settlement is paid out over time in regular installments. It depends on the individual’s needs.

Is California a Personal Injury Protection State?

No, California is not a personal injury protection (PIP) state. Since California is a fault, or tort state instead of a no-fault state, PIP insurance is not available to California drivers. PIP insurance tends to cover medical bills, lost wages, and other financial losses to policyholders in the event of a car accident. In California, the driver who is found to be at fault for the accident is responsible for paying those losses to the other driver.

Reach Out to an Experienced Personal Injury Lawyer Today

Understanding the personal injury laws of California is crucial to the success of your case. Recruiting a strong personal injury lawyer can make all the difference when you decide to file your claim.

Easton & Easton understands how difficult it can be to deal with a personal injury case on your own. Thankfully, you don’t have to go at it by yourself. We can build up your case, gather the evidence you need, and make sure you aren’t taken advantage of at any point. Contact us to schedule a consultation with a team member today.