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Understanding California Personal Injury Law

california personal injury law

California personal injury law deals with auto accidents, car crash insurance disputes, truck accidents, motorcycle injuries, bicycle accidents, pedestrian injury cases, and wrongful death claims. It is essential to have an experienced Beverly Hills personal injury attorney on your side if you wish to pursue an injury claim. Without adequate legal representation, it can be challenging to negotiate with an insurance company for a fair and reasonable settlement. This article will cover some crucial California personal injury law intricacies to demonstrate the necessity for a knowledgeable personal injury attorney when the time comes.

Statutory Time Limits for Personal Injury Lawsuits

Under the California statute of limitations related to personal injury cases, you have two years from the day you suffer injuries to file a lawsuit against the at-fault party. If you exceed this time limit, you cannot file a legal claim, and you lose your right to fair compensation because the insurer is not likely to negotiate once they know you cannot sue. If you plan to file a personal injury claim against a government entity, the time limit is only six months from the date of injury. Therefore, it makes sense to approach a reliable and proven California personal injury lawyer as soon as possible to avoid missing out on your chance for compensation.

Shared Fault Law in California

It is possible in a personal injury case that the other party can establish that you were at least partly to blame for the accident that caused your injuries. When you share a part of the liability, it could reduce the final amount of compensation you will receive from the defendant.

California is a “pure comparative negligence” state concerning shared fault personal injury cases. This rule means that your settlement will reduce in proportion to the percentage of your fault in the accident. Even if you are 90 percent at fault for your injuries, the other party would still be liable to pay you their share of 10 percent of the total compensation. 

However, it’s paramount to remember that the comparative negligence rule is an obligation if your injury lawsuit reaches the trial stage. Things may be different when you are negotiating with an insurer outside of court. In either situation, your chances of recovery are better when you have a competent Beverly Hills personal injury lawyer to represent you.

Limits on Damages for Uninsured Drivers

Non-economic damages in personal injury cases include compensation for intangible things such as pain and suffering, physical impairment, disfigurement, and poor quality of life. Most uninsured drivers under California personal injury laws will not be able to recover non-economic damages, even if the other party was 100 percent at fault for their injuries. 

A critical exception to this rule is a situation where the at-fault driver was operating his or her vehicle while under the influence of alcohol or drugs and got a DUI conviction in connection with the victim’s accident. In this situation, the uninsured driver who suffered personal injuries would be able to recover non-economic damages.

Enlist the Services of a Beverly Hills Personal Injury Attorney

No matter what type of personal injury lawsuit you are facing, you need a lawyer that’s ready to go to war on your behalf. You need the Law Offices of Jeffrey Fleitman. With unparalleled transparency, personal attention, and exceptional expertise, our team is ready to fight tooth and nail to achieve the best outcome on your behalf. Call us today at 310-399-2889 or complete our online contact form for a free consultation.

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