California has many laws that govern personal injury lawsuits.
Laws that limit the amount of time you have to file a claim or lawsuit, the compensation you receive, rules about fault and liability, and more.
If you have been injured, whether in a car accident, a dog bite, a slip-and-fall or while at work, you probably have many questions.
All states have laws in place that limit the amount of time an injured person has to file a lawsuit after they have been injured in an accident that was not their fault.
This “statute of limitations” varies from state to state and also by the kind of injury case you are filing.
For example, in Turlock, California, the time limit an injured person can file a lawsuit against a negligent party, according to California Code of Civil Procedure section 335.1. is two years from the date of injury.
However, if your personal injury claim is against a government agency, then you only have 6 months to file your claim and there are very strict rules regarding procedure.
The state of California recognizes that some accidents have a shared-fault, meaning the liability of the accident falls to some percentage on the victim.
When following this “pure comparative negligence rule”, the amount of financial compensation you receive for your injury is reduced by the percentage of fault you are to blame for the accident.
For example, the person who hit your car ran a red light; however, you were traveling over the speed limit and were texting at the same time, which are violations of traffic law.
You might be held responsible for 20% of the car accident, while the other drive is held responsible for 80%. If you are awarded $10,000 in damages by the court, then you will have to subtract 20% or $2000 which represents the amount you were at-fault.
Unlike many other states, which protect dog owners from liability if their dog bites for the first time, California statute is much stricter, holding dog owners liable for any bite, at any time, regardless of a public or private property.
California laws set limitations on the amount of financial compensation an injured person can recover from personal injury cases.
If you are an uninsured driver and the other driver is fault for a car accident that causes you injury; then California law prevents you from recovering “non-economic” compensation in most situations.
Non-economic compensation includes:
One important exception to this rule, which falls under California Civil Code section 3333.4, is if the uninsured driver was injured in an accident caused by a driver who was operating their car while under the influence of drugs or alcohol, and is convicted of DUI in connection with the accident.
Another limit on non-economic compensation falls under California Civil Code section 3333.2, which limits the amount of money a person can receive for pain and suffering as a result of medical malpractice to $250,000.
Injury, whether caused by a car accident, a slip-and-fall in a store, or due to the negligence of medical personnel, can have serious and permanent results on a person’s life.
In many cases, when a person is facing a life time of pain and reduced ability to earn a living, having to navigate the complex California legal system can seem impossible on their own.
This is why you may want to consider hiring a Stanislaus County Personal Injury Lawyer to represent your case.
Most of the time, accident lawyers in Turlock, CA will offer a free initial consultation, where they will listen to the details of your injury and determine if there is enough to evidence to build a strong case.
Additionally, many work on a contingency basis, as opposed to a flat-fee, which means that they do not collect any money unless they help you win your personal injury lawsuit.
A good personal injury attorney has spent his career working with accident cases and negotiating the complex legal system.
Many times they are able to negotiate a settlement without having to go to court, which gives you money to cover your injury losses quicker.
In the event that your case does have to go to trial, an experienced lawyer is able to present your case to the court and jury and see that you are awarded the maximum amount of compensation allowed by California law.
A knowledgeable personal injury attorney can help your case move through the complicated legal system and see that you receive full and fair compensation under California law.
Whether negotiating with insurance companies or representing your case before judge and jury, your attorney will ensure all paperwork is free from errors, that you meet all necessary deadlines and even help you navigate the medical claims system to ensure you receive proper medical treatment.
When a person has suffered an injury in an accident they did not cause, they can be left with feelings of stress, and anger, in addition to struggling with pain.
Desperate to move on, can lead the victim to accept an insurance settlement well below what they deserve.
With the help of an attorney, you can feel assured that he or she will advocate aggressively to make sure you receive the maximum amount of compensation allowed by California Injury Law, and many times, do so without having to go to trial.
Navigating the legal system, especially while dealing with the uncertainty and stress and the pain that comes with injury, can be incredibly stressful and complicated.
Adding to the stress of not having English as a first language, then you risk signing paperwork or accepting an insurance settlement that does not benefit you.
Having a personal injury lawyer who speaks Spanish can make all the difference for your future quality of life.
He or she will not only explain your case in Spanish, but will also have all legal documents available in Spanish so that you can feel confident with any paperwork you sign.
SeHablaLaw.com is an online directory of Spanish speaking lawyers and law firms based in the United States of America.