It pays to know the law when you're injured in a car accident. You might be entitled to compensation for your losses, but if you or your Car Accident Attorney in Fontana don't file a lawsuit or claim within the time allowed by law, you could lose your right to recover anything.
California Statute of Limitations
The statute of limitations is the deadline for filing a lawsuit. In California, the statute of limitations for most personal injury cases is two years from the date of injury. If a loved one passed away due to injuries sustained in an auto accident, you have two years from the date of death to file a wrongful death claim. There are exceptions to this rule. Some cases might give rise to claims against a government agency. If so, you must first file an administrative claim with the agency before filing a suit in court. This process has its own deadline that must be followed carefully. If not, you could lose your right to sue for damages resulting from the accident.
Comparative Negligence Rule
California is a "comparative fault" state for car accidents. That means that if you maybe partially responsible for causing an accident, you can still recover damages for your injuries and other damages from the defendant. However, any amount you receive in damages will be lowred by an amount equal to your percentage of fault.
For example, if a jury finds that you were 20% liable for causing a car crash that left you with $100,000 in damages, then under California's comparative negligence rule, you would only be able to recover $80,000 from the other driver. In rare cases where the injured person was more than 50% liable for the accident under California's pure comparative negligence law, they cannot recover any compensation from the other at-fault parties.
The potential impact of comparative fault on your financial recovery means that it is imperative to work closely with an experienced Car Accident Attorney in Fontana after being hurt in a crash to ensure that liability is reasonably determined and all potential sources of financial recovery are secured.
California Car Insurance Rules
California requires drivers to carry at least a minimum amount of liability car insurance, covering damages you may cause to other people and their property. If you don't have liability coverage, you could face heavy penalties if you're ever in an accident. The minimum amount of these policies are: $15,000 for someone's death or injuries, $30,000 for more than one person and $5,000 for property damage.
Trying to handle everything on your own can be extremely risky because you might overlook a key piece of evidence or fail to spot an essential legal strategy. And it's not just your future that's at risk. If you're in the hospital or someone else is hurt, you might be making decisions under stress, leading to disastrous consequences. If you are injured in an accident, it's essential to consult with a Personal Injury Attorney in Fontana who can assist you with filing a claim against the responsible parties. For more information visit here: Braff Law Firm
Thursday, 19 May 2022
All About California Car Accident Laws And Personal Injury Attorneys
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