California Personal Injury Laws

Updated: Apr 7

Increase Your Chances For A Successful Personal Injury Settlement in Los Angeles.

All states set limitations on the amount of time you have to file a civil court case after having sustained some kind of injury. Depending on the claim you're filing under California Personal Injury Laws, these deadlines and limitation can vary. Hence, why it's crucial that you contact a California Personal Injury Attorney ASAP.

California Personal Injury Laws

Filing Deadline for California Personal Injury Cases

According to California Statute of Limitations, you'll have two years from the time of accident to file claims under California Personal Injury Laws. The court will refuse to review your personal injury case at any point in the future if you fail to retain legal representation and file a claim within the two-year timeframe, and your right to compensation will be lost. However, in some cases, there are specific circumstances that could prolong or affect the time restrictions.

Section 335.1 of the California Code of Civil Procedure can be found in the California statute of limitations on personal injury cases.

Claims against an agency of the state government in the city, county, or California. To file an injury lawsuit against a government agency, there is a time limit of six months, and plaintiffs must comply with a specific set of procedural guidelines. (section 911.2 of the California Government Code.) Read more about allegations of damage against a government agency.

Given the limited time under California Statute of Limitations, it's important that you contact a California Personal Injury Attorney immediately. A California Personal Injury Attorney will know their way around the law, initiate investigations, file the proper paperwork, and know important deadlines.

Shared or Comparative Fault Laws of California

In some personal injury cases, the defendant can claim that the injured party is actually to blame for causing the underlying accident. If you share a degree of blame, it will impact the overall amount of compensation that you will end up receiving from other entities and organizations at fault.

California follows a "pure comparative negligence" provision in mutual fault injury cases. The amount of money you are eligible to receive will be decreased by an amount equal to the accident-fault rate.

So, for example if you're in a car accident where the other driver ran a stop sign blatantly, but at the moment, you happened to be traveling a few miles an hour over the speed limit you had put. You will share 10 percent of the responsibility for the crash, while the other driver is at fault for 90 percent.

Let's assume you add up to $ 10,000 in costs (damages). How does your mutual fault affect your compensation for the accident? Your payout will be reduced to $9,000 under the pure comparative negligence law of California (or the entire $10,000 minus the $1,000 that constitutes your share of responsibility for the accident.)

Bear in mind that, while California courts are required to obey this rule in an accident case that makes it to trial, if you are dealing with an insurance adjuster outside the legal system, it could be a different story. Don't be surprised if, during mediation negotiations, the adjuster raises the question of California's comparative negligence law. Still, you're free to discuss what the effect of that law might be on your lawsuit.

That said, you can still get enough compensation despite being partially at fault. To get the most out of Car Accident Compensation in California, contact a prescreened lawyer immediately. A California Personal Injury Attorney can guide you through the process. They'll help you preserve your claim, find proof, and negotiate with the defendant.

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"Strict" responsibility in California for Dog Bites

In certain states, if they have no reason to suspect the dog was unsafe, dog owners are shielded (to some degree) from injury liability for the first time their dog injures others. This is also called the law of "one bite." In California, however, a particular law (California Civil Code section 3342) makes the owner "strictly liable," implying that in certain cases, when their dog bites anyone, the dog owner is legally liable, and no amount of blame or negligence has to be demonstrated.

The statute re