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Liability Limits And Injury Damages In San Jose, California

  • Published: December 2, 2019

California Personal Injury Filing Time Limits, Fault Rules, And Injury Damages

The state of California sets a deadline for personal injury lawsuits. When a person wants to file a claim, he or she has to submit it before a specific time limit is reached. This time limit is referred to as the statute of limitations. California is not the only state that abides by the statute of limitations – all U.S. states have specific deadlines to file personal injury lawsuits in civil court. If a personal injury lawsuit is filed after the statute of limitations expires, it will most likely be dismissed. In rare situations, there may be ways to extend a statute of limitations, but any exceptions have strict conditions. It is wise to seek a professional personal injury lawyer in San Jose who’s experienced with these claims to avoid missing any deadlines and to ensure that all paperwork is filed correctly.

Personal injury lawsuits go after the individual, company, or organization that’s at fault of causing harm or injury. Once an injury has been committed, the statute of limitations begins. In California, the statute of limitations for personal injury allows a person two years from the time of their injury to file a lawsuit in court. However, if a claim is filed against a city, county, or state government agency, then the time limit to file is six months. A person’s right to compensation is forfeited or refused if the personal injury claim is filed after the two-year or six-month timeframe. It is advised to seek a personal injury lawyer in San Jose to discuss your complaint in detail.

Common types of personal injury cases:

Shared Fault Laws

In some cases, the person who’s being targeted at fault will argue that the person filing the claim is also at fault. If the person submitting the claim is found to share liability with the defendant, then the pure comparative negligence rule applies to the case. In California, the comparative negligence rule affects the amount of compensation that is received. Compensation will be reduced to the amount equal to the percentage of fault for the underlying accident. A San Jose personal injury lawyer can explain and discuss whether your claim constitutes a shared fault.

Courts in California are obligated to follow the comparative negligence rule in a personal injury case. However, if dealing with an insurance company or adjuster, they may not impose the rule as strictly as the court system. An insurance company or adjuster may still bring up the rule during settlement negotiations, and compensation results may differ from that of a court.

Limits On Injury Damages

Limits on injury damages involve limitations on damages that can be claimed or compensated in personal injury cases. California law enforces non-economic pain and suffering damages for uninsured drivers. In other words, if an uninsured driver is involved in a car accident, they may not be able to claim any damages after the accident, even if the other driver is entirely at fault. The uninsured driver can’t recover what is known as non-economic pain and suffering damages.

Personal injury lawsuits can get complicated. Injuries, medical bills, lost wages, and possible disability can negatively affect a person from a single accident. The stress of dealing with insurance companies can also be arduous and challenging. No one should undertake the painstaking task of a personal injury lawsuit alone. It is essential to seek the advice of a San Jose, personal injury lawyer. An experienced lawyer can help you go after the damages and compensation you deserve. If you or someone you know has been injured, don’t neglect your rights.

Contact Abronson Law Offices today for legal assistance.

About the Author Abronson Law Offices have extensive experience representing individuals
injured in industrial, premises or auto accidents, we strive to be approachable
to our clients, and seek to make them comfortable.