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If you have been injured by the fault of another, then you could be entitled to compensation. In California, there are personal injury laws that are set in place to protect personal injury victims.
All states set limits on the amount of time you have to go to court and file a lawsuit after you’ve suffered some type of harm. This kind of law is called a statute of limitations, and there are different deadlines depending on the kind of case you’re filing. When an individual has been injured because of another’s negligence, then it is imperative that he or she contact an attorney immediately due to strict time limits that require an individual to file a claim within a certain period.
Statue of Limitations in California
The California Code of Civil Procedure section 335.1 includes information of the statue of limitations on personal injury cases. The statue of limitations for personal injury in California states an injured individual will have two years from the date the injury occurred to file a persona injury claim against the individual who was responsible for causing the injury. When an injured individual does not file a claim within the two-year time frame, his or her case will be refused by the court, which will result in lost compensation.
However, if an individual files a claim against a city, county, or government agency, then there is a time limit of six months to file a claim. Furthermore, individuals who file a personal injury claim against a government agency are required to follow a mandated set of rules.
The California Serious Injury Threshold
In California, there is not a specific serious injury threshold. However, there are three primary categories that decide if the “threshold” has been met, which include:
When an individual purposefully intended to inflict injury on a victim, it falls into the intentional category.
When an individual breaches his or her duty of care, which results in another’s injury, it is negligence.
If an indiviudal is liable when an individual is injured, which can include intentional or negligent conduct, it falls into this category.
What are the Limits for Personal Injury Damages?
There are laws in California that set limitations on the amount of damages an individual can seek in personal injury cases. In California, there are two primary categories, which include non-economic and economic damages.
In personal injury cases, economic damages refers to money that is lost or debts that were acquired from the injury. This can include lost wages, lost employment opportunities, and medical bills.
Non-economic damages include pain and suffering, emotional stress, disfigurement, and physical impairment. Personal injury attorneys sometimes call these damages “pain and suffering.” Non-economic damages can include grief, humiliation, and nervousness. With non-economic damages, California law does not place a set value on the injury the victim incurred. The law in California leaves a jury responsible for determining the amount a victim will receive for non-economic damages. However, jury members must act reasonable and consider the evidence that was presented by both parties in the case.
California Shared Fault Law
There are some personal injury cases where the defendant will claim the injured individual is partially responsible for the injury. When the victim shares a certain degree of liability, it can have an impact on the amount of compensation a victim will receive. In California, shared fault injury cases abides by a pure comparative negligence rule, which means the amount of compensation a victim will be entitled to will be reduced based on the percentage of fault for the injury.
Important Steps to Take if You Have Been Injured
If you have been injured by the fault of another, there are crucial steps that need to be taken. After the accident, if you are able, find and speak to any witnesses. You will also need to seek medical attention. Furthermore, seek help from a personal injury attorney as soon as possible. An experienced personal injury attorney can help you build a solid case, which will increase the chances you get the compensation that you deserve.
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