If you’ve been injured in an accident that was caused by the negligent actions of another, you could be able to seek compensation for the damages you endured.
However, there are many components to a civil lawsuit that you should be aware of before making the decision to move forward with your claim. Below, we examine California negligence laws, how long you’ll have to file your claim, and any limits on the amount you’re able to recover. Continue reading to learn more.
Negligence Laws in California
The state of California determines negligence based on comparative negligence laws. This means that those who are partially at fault for the cause of the accident can still pursue their claim, but could have their award reduced by the percentage of blame they carry.
For example, you are found to be 30 percent liable for the cause of the accident you were injured in, and you would have been awarded a total of $100,000. Your award could be reduced by 30 percent, and you would actually receive $70,000 for your damages. The impact comparative negligence laws can have on your case are significant.
The Statute of Limitations
Getting your claim filed before the statute of limitations runs out is critical to your claim. Failing to file within this time limit means that your case could be dismissed, and you could be unable to recover any compensation for your damages.
For personal injury claims, you’ll have two years from the date of the accident, or two years from the date in which you are diagnosed with an injury sustained in the accident. If your claim is brought against a government entity, the statute of limitations to file is just six months.
Damages Limits
A cap on damages means there is a limit to the amount of compensation you can receive. In many types of accidents, there is no cap on what you can recover. But, there are a few exceptions to this rule.
If you are filing a medical malpractice claim, for example, there is no limit on what you can be awarded for your economic damages, but non-economic damages are capped at $250,000. Additionally, in motor vehicle crash claims, drivers who are uninsured are not able to recover any non-economic damages unless the driver who hit them is convicted of driving while intoxicated or drug-impaired.
Contact a California Personal Injury Lawyer
When you have questions about injury laws in California, or if you’d like to discuss the details of your case, a highly trained California personal injury lawyer at Dickson Kohan & Bablove LLP can help.
For more information, visit our website or call our office directly at 1-844-404-2400 to schedule your free case review today.