How Long Do I Have to Sue a Liable Party for My Injuries?
Like all states, California has a law on the books called a statute of limitations that creates a time frame limiting your ability to file a lawsuit in court for their damages against any person or entity who they believe is responsible and legally liable for the injury. In California, for most personal injury cases (which includes things like car accidents, truck accidents, and slip and fall accidents) you have two years from the date of your injury-causing accident to file a suit seeking compensation for your injuries. Failing to file your claim within the allotted time frame means you are permanently barred from seeking recovery through the courts for your injuries, and a court will dismiss any claim filed after the statute of limitations has expired.
Sometimes you may not “discover” you were injured for a significant time period after your accident occurred – in those situations the window for filing your lawsuit may be prolonged. In other situations, the statute of limitations may be shortened depending on the party responsible for your injuries; you have less time to sue a government in California and must also abide by a different set of procedural rules. An experienced Los Angeles personal injury attorney can help you understand the statute of limitations that applies in your case to keep you from making a costly legal misstep.
What Can I Recover for My Injuries?
Personal injury accidents can result in a number of physical injuries that can lead to gigantic medical bills and lifelong after-effects. The medical bills alone can be staggering, and they don’t even begin to factor in the extensive emotional, psychological, and financial damages you may have suffered. Depending on your situation, you may be able to recover damages from a negligent party for any number of different injuries. It’s common for victims of another’s negligence to receive an award of compensation for injuries including:
- Medical expenses,
- Property damage,
- Lost wages,
- Lost future earning capacity,
- Pain and suffering, and
- Loss of consortium.
What if I am Partly at Fault for My Injuries?
California is a comparative negligence state. This means that if you, the accident victim, were partially at fault an injury-causing accident, you may recover less for your damages. Your recovery may be reduced by the amount of fault a judge or jury assigns you in your accident based on the evidence they examine.
Too many people mistakenly believe that they are barred from filing a personal injury lawsuit because they did something like text and drive or run a stop sign—you can still get a lot of money for your injuries. The way comparative negligence works is it assigns a percentage of responsibility to you and the other parties and then your financial award is reduced by whatever percentage of the accident you are found to be responsible for. So, if your case is worth $100,000 but you are found 50% responsible you would get $50,000. As you can guess, a good lawyer works hard to argue down your role in an accident!
Discuss Your Case with a Los Angeles Personal Injury Lawyer
If you or a loved one were involved in a personal injury accident, contact local attorneys at Daneshrad Law today. We understand the devastating consequences these accidents can cause, and we will fight for you to protect your rights and receive maximum compensation for your injuries. We have years of experience delivering comprehensive, personalized representation for injury victims like you and recovering millions of dollars in damages to compensate our clients. You deserve to focus on your recovery and let us focus on your case. Get in touch with us now.
