A personal injury occurs when a person’s body, mind, or emotions are injured because of the carelessness, negligence, misconduct, or wrongful deed of another person. It is a type of injury that is usually sustained from a car accident, motor vehicle collision, defective products, dog bites, slip and fall accident, medical malpractice, failure to fulfill the duty of care, or wrongful death. A personal injury lawsuit can be filed by the victim against the negligent person who caused the catastrophic accident, harm, or serious injury. Filing a lawsuit will help you seek compensation (damages) through a personal injury claim for the serious injuries that you have suffered. As the victim, you have the right to sue the party at fault.
Personal injury lawsuits must be filed within a specific period from the date of the alleged civil offenses or violations. This time limit is called the “statute of limitation”. It is a statutory law that sets the maximum time allowed for you to initiate legal proceedings beginning from the date of the injury or accident. The statute of limitations period may vary from state to state. The range of the statutes of limitations in California is from one year up to ten years, according to the case type. The clock will start ticking from the date when the incident or injury happened or was discovered. A knowledgeable Upland personal injury lawyer can guide you regarding the statutes of limitations.
In California, an injured person can file a personal injury case against the person at fault within two years starting from the exact date of the injury. If you will not be able to file your case within this time limitation, the charges will most likely be dismissed by the court and you will lose your legal right to receive compensatory damages. You can find the statutory limitations implemented for personal injury cases at California Code of Civil Procedure section 335.1. It also includes false imprisonment, libel or slander, fraud, felony, misdemeanor, injury to personal property, and other similar punishable offenses under civil cases.
Personal injury claims filed against a California state government agency, city or county must be filed within six months and must abide by the procedural rules. Additionally, the personal injury law covers the injuries sustained from a dog bite. California Civil Code section 3342 states that the dog owner is “strictly liable” for personal injuries caused by the dog bite and no amount of negligence or fault is required to be shown.
California adheres to the “pure comparative negligence rule”. Personal injury cases wherein the defendant are being sued will argue the possibility of the injured plaintiff to be at fault (partly at fault) for the occurrence of the accident. If the argument is proven true, the total compensation amount to be granted to the plaintiff will be deducted an amount equal to the percentage value of fault.
For example, assume that the court has evaluated your accident injuries, medical expenses, lost wages, and other financial losses and has accrued to $10,000; however, it is proven that you are 10% at fault for causing the accident. In this case, 10% ($1,000) will be deducted from the total amount ($10,000) and the plaintiffs will be compensated with $9,000. This rule generally applies to injury lawsuits that make it to court; however, this may differ when you file a claim with the adjuster of insurance companies outside the court system. A credible Upland personal injury attorney can help you understand this rule.
Certain laws in California set a limit to the total amount of injury settlement or damage that a victim can receive from a personal injury case. The state law does not allow most of the uninsured drivers from receiving “non-economic” damages, even though the other driver or offender is fully at fault for causing the accident. Compensation for the inconvenience, pain and suffering, scarring, and emotional distress are considered non-economic damages.
However, in every rule, there will always be possible exceptions. Under the California Civil Code section 3333.4, the driver who has no insurance will be eligible for non-economic or compensatory damages if he or she is involved in an accident with a convicted driver who is under the influence of alcohol or drugs.
It is not easy to recover from a personal injury accident. It takes a lot of time and effort to file a personal injury lawsuit against the person liable for the injuries. When you file a lawsuit, you need to make sure that you follow all the rules and regulations, especially the statute of limitations. The statutes differ depending on the circumstance of the case. If you are dealing with a personal injury matter, it is advisable to seek legal help from our competent Upland personal injury lawyers from the Law Offices of Marc Grossman who will guide you in all the legal aspects of your case. Our experienced personal injury attorneys will help you fight for your legal rights as a victim and negotiate the terms and conditions of the lawsuit according to the California statutes.