California Statutory Rules and Personal Injury Laws
May 7, 2019
Every state has a
time limit within which the parties involved are supposed to file claims in the
courts. This rule is called the statute of limitations. The deadlines for
different cases are different.
In California, the
statute of limitations for a case of personal injury is up to two years from
the date of the occurrence of injury. The person has to file a lawsuit within
this time interval against those responsible. Note that, if you fail to
approach the court regarding the incident within two years, you will lose your
chance to be heard and to claim the compensation you deserve.
It is advisable that
you approach an injury
attorney in Los Angeles in case of an incident like this. Below is a
discussion on the personal injury cases and statutory rules in California.
California Shared Fault Laws
In several cases,
the opposing party or the defendant may argue that you are responsible for the
accident that led to the claim.
If proven true, you
may have to share the amount with the defendant as you are partially
responsible for the event. In other words, the total compensation you would
have received is reduced.
In such shared fault
injury cases, the California rule states a “pure comparative negligence”
rule. Under this, the amount of compensation you would have received is reduced
by a proportion equivalent to the proportion of your fault in the accident. It
is advisable to approach the court with the assistance of a personal injury attorney.
For instance, if you
happen to be in an accident where a driver neglected a stop signal and crashed
into your vehicle, the other driver is clearly the responsible person. But, if you
might have been traveling at a certain speed than allowed, it makes you
partially responsible for the accident. Therefore, when the court allows
compensation, you will receive only 90% of the total compensation on account of
the partial responsibility in causing the crash.
Limits on Injury Damages in California
There are certain
limitations on the compensations granted to you in California injury laws. For
instance, California law stops uninsured drivers from acquiring “non-economic”
damages in the aftermath of a car accident. This holds well even if the other
driver is to be blamed completely for the accident. Non-economic damages are
suffering of pain, physical impairment, inconvenience and disfigurement. The
only exception is when the opposing driver is driving under the influence of
alcohol or drugs.