Statute of Limitations
Each state is different, so it is important that you understand the laws of your state. California has a limit on the amount of time that you can file a lawsuit once you have suffered from an injury. This is known as the statute of limitations, and there will be a variety of deadlines all depending on the type of case you file.
California’s statute of limitations for personal injury cases is two years from the original date of injury. That means that any time during those two years the injured person can go to court and file a lawsuit against the party who caused the injury. However, if the injured person fails to file a suit within the two-year time frame the court will refuse to hear the case. Meaning your right to compensation will be lost.
The rules change if the claim is being held against a city, county or California state government. You will only have a six-month time frame to make a claim against a government facility. Plus, there are a strict set of guidelines that must be followed. It will be important that you recruit the help of a California injury attorney who understands these laws clearly.
It is important that you understand that the one being accused can blame you for your injuries. The defendant may make a strong case showing that you are to blame for the accident, which then resulted in injuries. This is why you must take out all reasonable doubt. Do not leave any room for blame to be placed on you. This is something that your attorney will be able to do.
Some cases end up sharing some levels of liability, which can greatly affect any type of compensation that you may receive. If this is the case, the court will use a formula to decide what percentage of compensation you will receive. Basically, they take the percentage of fault and deduct that from the percentage of compensation.
For example, if you were in a traffic accident where a driver ran a stop sign and you were going slightly over the speed limit. The court may decide that you are 10 percent to blame for the accident, while the driver is left with 90 percent of the blame. If damages were $10,000 then you would be awarded $9,000 as your compensation.
Injury lawsuits can be tricky, and that is why it is important that you find an accident attorney who knows all the laws involved in your case. While state laws vary, the statute of limitations on an injury case in California is two years, and only 6 months if making claims against a government facility.
Gabriel and Associates is a full-service law office based in Long Beach, California for over 30 years. Areas of practice include personal injury, workers’ compensation, slip and fall, defective products, medical malpractice, bankruptcy, and other business matters. Visit www.gabriel-law.com for more information.