Personal Injury Laws and Statutory Rules in California

Injury Lawyer
Personal Injury Laws

There are a few laws in California that can affect a settlement or lawsuit after a major accident or even in the case of injuries.

Injury Lawsuit’s Time Limits in California

All states had set time limits on the period of time you will have to go to the court and file a lawsuit after suffering from any forms of harm. This type of law is often called ‘statue of limitations’. Different deadlines are there and it depends on the kind of case you file.

The status of limitations for personal injury cases gives an injured person 2 years from the date of injury for him to go to the court and file a case against those who are responsible. The court will refuse to consider hearing your case if you fail to do so within this period of time. You will also lose your right to compensation. Consulting an accident lawyer can make things more clear to you.

California Shared Fault Laws

In some cases, the defendant might make arguments stating that you’re trying to blame them for causing the accident. California follows a ‘pure comparative negligence’ rule when it comes to shared fault injury cases. In such cases, the amount you’re expected to get will be reduced. It will be reduced by an amount that is equal to the percentage of your fault for the accident.

Strict Liability for Attack/Dog Bite Cases

There exists a special rule in California called “one bite rule”. This is when the dog owners are protected from injury liability the first time their dog causes injury to someone when they didn’t know the dog would be dangerous. However a specific statue makes the owner liable.

Injury Damages Limits in California

No non-economic pain and suffering damages for uninsured drivers

Most uninsured drivers are prevented from recovering ‘non-economic’ damages when it comes to car accidents. This is applicable even when the other driver is at fault for causing the accident. Nom-economic damages include compensation mainly for things like disfigurement, pain and suffering, physical impairment and inconvenience.

Cap on non-economic damages in medical malpractice cases

Medical Injury Compensation Reform Act is another key California law that places limit on some kinds of damages in accidents. This places a $250,000 cap on non-economic damages when it comes to cases that include medical malpractice. An injury lawyer can help you to get to know more about the same.