Understanding The Personal Injury Law In California
Personal injury can happen to you in all manners of ways. In CA, a personal injury claim would encompass the legal grounds to seek compensation for civil neglect or liability for injury caused to you. The damage may be as a result of omission or recklessness by the public, and grasping your rights is fundamental if justice is to prevail. Farias firm is fully conversant with everything encompassing personal injury stipulations in California, and endeavors to offer legal counsel when you or your loved one was seriously hurt. There are many Los Angeles personal injury lawyers who can take care of your claim at Farias, but first, you need to understand statutory laws linked to personal injuries.
California Shared Fault Rule
In some cases, the defendant may argue that you are actually to blame for the occurrence of the damage. Here, you must understand that if you agree with the defendant to share the liability cost, you’re likely to get compensated less than you expect.
The state of California follows a ‘pure comparative negligence‘ law, which means that the amount of compensation you receive will reduce by an amount equivalent to the percentage of your fault in the particular accident.
Deadlines for Filing a Personal Injury Suit in California
Conventionally, any state in the US sets a period within which you’re supposed to file a lawsuit in a court of civil law. And it is no different in California. Los Angeles personal injury lawyer at The Farias Firm agrees that to have a chance for a fair hearing and right to compensation, you should report a personal injury claim within two years.
Some unique cases might tamper with the deadline, as outlined under section 335.1 of the California Code of Civil Procedure.
- When you want to file a claim against a government entity or a local firm, you have to do it within six months from the day when the injury occurred (Listed in California Government Code section 911.2).
Injury Damages Limits
In essence, there are strict laws that govern the amount and types of damages that you are likely to recover in a personal injury claim in California.
- Suffering for uninsured drivers (Non-economic pain is not a factor): The law prevents you from getting compensation for ‘non-economic’ wreckage after a car accident, even if the other party is solely at fault. However, there’s a reprieve under a critical exception. You could recover non-economic pain damages if the other driver were under the influence of alcohol at the time of the accident.
- Medical Injury Compensation Reform Act: If you get involved in a case of medical practices, you can only recover a particular portion of the damages caused in medical injury. Under this act, a $250,000 cap is a non-economic setback.
Liability Laws for Dog Bite
In many states, a dog owner is protected against personal injury from a dog bite if they believed that the dog wasn’t dangerous. However, things are a bit different in California. The ‘one bite rule’ is encapsulated under section 3342 of the California Civil Code, where the dog owner is placed strictly liable in the event of a dog bite, irrespective of knowledge on the dog’s viciousness or no viciousness. For more information contact our Encino dog bite lawyer.
You can submit your legal claim when a personal injury results from a premise placed under legal property ownership. The applications may include:
Various constraints remain in play when determining the identity of the liable parties, which provides for possession of the property, control, and ownership. You must follow up on these crucial elements to establish the severity of compensation for the damage caused to you.
Contact The Experienced Lawyers at The Farias Firm, PC
For more, you can contact the Farias Firm, PC at 818-222-2222 to get insight from the best Encino personal injury lawyer in the state of California.