If you’re involved in an auto accident in California, you may face medical expenses, lost income from the inability to work and other long-term problems. Before filing a lawsuit to recover compensation, you should be aware of the state laws. Navigating insurance issues while trying to recover from injuries and thinking about the future can be difficult.
Understanding state laws for filing a lawsuit
California has certain parameters for filing a claim for compensation after suffering personal injury in an auto accident. When there is an accident, it is necessary to show that the other driver was at fault. With pure comparative negligence, the court will determine how much fault to accord to each driver. The award, if any, will then be adjusted based on the level of fault. For example, a driver who has a certain amount in damages and is deemed to be 25% at fault will have the award reduced by that percentage.
Damages and its limits
With personal injury, the statute of limitations is two years. It is important to remember that if a driver does not have insurance, he or she cannot recover damages for pain and suffering or emotional impact no matter who was at fault in the crash. Without insurance, if fault is shown, it is possible to recover for lost income and vehicle damage.
Experienced legal advice is key after an auto accident
People may be under the mistaken impression that they can file a lawsuit after an auto accident and it is a relatively simple process. However, there are legal requirements that will influence the case. Mistakes with the basics of filing a case can cause challenges. A legal professional with experience in personal injury cases may be able to help in complicated circumstances. If you’re planning to file a personal injury claim, the first step is to schedule a consultation with an attorney.
