California Personal Injury Law

One thing to be aware of if you have been in an accident and plan to file a personal injury claim are the limitations on claims in the state of California. Having this knowledge of California law can help you make the most informed decision when going through this process. Unfortunately, if you are not aware of certain personal injury law, not following certain guidelines can sometimes hurt your personal injury case. The statute of limitations is the time frame that one has to take legal action. California Code of Civil Procedure calls for a personal injury victim to file their claim within a two-year time frame. The is a “discovery of harm rule” that allows more leeway with this time frame as the victim may not have known they sustained the injuries due right away. It is sometime difficult to understand the extent of injuries immediately. The two-year time from mentioned previously starts once this injury or new development is discovered.

California also has regulations on the maximum compensation victims can receive for the injuries. This can sometimes help determine whether personal injury legal assistance is worth the cost. It could also impact a personal injury attorney’s decision to take on a case. Victims are generally not capped on economic damage compensation typically including medical expenses, medication, rehabilitation treatment, and additionally extending to loss of wages as well as disability income. There is however a cap on what California seems non-economic damages like pain and suffering, mental health related side effects, or inconvenience. Awards can be anywhere from $30,000-$150,000.

If you fill out our Free Injury Services quote form, we can see how to best connect you with an attorney if representation is necessary and how certain factors will affect your specific case.

 

Reference Articles

https://www.hg.org/legal-articles/personal-injury-claims-and-their-limitations-in-california-25465

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