When it comes to personal injury cases, every state has its own time limit for the victims to file a lawsuit. This time deadline, in law jargon, is called Statutory of Limitations. The personal injury lawsuits are filed in civil courts. Furthermore, the time deadline to file a lawsuit is not same for all personal injury cases in a state and it depends on the type of personal injury case filed.
For personal injury cases, the Statute of Limitations in California is two years. The time limit is counted from the date of injury and the victim is required to bring a lawsuit against the supposed at-fault party within the time specified. In case, the victim fails to file a lawsuit within the given amount of time, the court will most likely to refuse hearing of the case in future.
When you suffer an injury due to someone else’s fault or negligence, you are entitled to compensation from the person. But failing to file a lawsuit within the Statute of Limitations will lead to loss of compensation that you lawfully deserve. However, in some special situations, the deadline is extended or some exceptions are in place for delayed commencement of the Statute of Limitations.
In this blog, we will discuss about different personal injury laws in the State of California.
Shared Fault Laws
The defendant, in some personal injury cases, may argue that the plaintiff or the victim is actually responsible (full or partially) for the accident and resulting injury. If it is established that the victim shares the liability, even partially, for what happened, it will negatively affect the amount of compensation the victim will receive from the at-faulty party and his/her insurance company.
California Personal Injury Laws follow a “pure comparative negligence” rule in shared fault injury cases. According to the rule, the amount of compensation a victim is supposed to recover will be axed by the amount equal to the percentage of his/her fault for the mishap.
It’s important to mention in this thread that though courts in California are under obligation to follow the Shared Fault Rules in an injury lawsuit heading to trial, the scenario will be completely different if the plaintiff agrees to negotiate with the insurance adjuster outside the court. In such cases, it’s not surprising if the insurance adjuster raises the issues of comparative negligence rule during negotiation talks. However, the injured can still negotiate about how the rule will affect his or her compensation claim.
Limitations on Injury Damages
California Laws strictly prohibit the most uninsured drivers from receiving compensation for “non-economic” damages after the accident, even if the other party is completely liable for the mishap. Damages labeled as ‘Non-Economic’ usually cover pain and suffering, emotional distress, scarring and inconvenience. ‘Pain and Suffering’ is usually the largest type of non-economic compensation.
Exception to the Rule: An important exception to the rule applies to the cases where the laws allow the uninsured drivers to recover non-economic damages if the other driver, who is involved in the accident, was driving the car under the influence of alcohol or drug and he or she is convicted with a DWI or DUI charge in connection with the accident.
If you need more information about California personal injury laws, talk to a knowledgeable car accident lawyer at length.
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