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Things to know about personal injury laws in California

April 7, 2021

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If you were injured or have suffered emotional trauma and other losses because of someone’s negligence or fault, you may consider asking for compensation. Personal injury laws are inherently complicated in most states, and California is no different. To ensure that you get the amount that you deserve, you should consider hiring personal injury attorney Los Angeles. Before that, here are some basic things to know about personal injury laws in California.

  • California is a Tort State

California is a tort state, which means that it follows the comparative fault rule. For instance, if you suffered injuries in a car accident, and your share in the accident blame was around 30%, you can only recover 70% of your lost wages, medical bills, and other losses from the insurance company of the at-fault driver.

  • California also has a statute of limitations

Like most other states, there is also a statute of limitations in California. If you want to file a personal injury lawsuit against the party at fault, you have to do that within two years from the date of accident, or from the day of discovery of the incident/your injuries. The circumstances may vary, but the court will refuse to entertain your case after the valid deadline.

  • Statute of limitations don’t apply to insurance claims

You should inform the at-fault driver’s or party’s insurance company as soon as possible, or within a reasonable time. Following this, the insurance company has 15 days to acknowledge your claim, following which they have 40 days to accept/deny the claim. If your claim is accepted, you may get an offer from the insurance claims adjuster. Do not accept an offer, unless you have talked to your attorney first.

Get an attorney

Hiring a personal injury attorney in California may seem like an added expense, but their expertise and experience cannot be discounted. Work with an attorney, who is experienced, known and reliable, and they should be handling the case personally. A skilled LA personal injury attorney can help you understand the true value of your claim and guide you through the process. If needed, they may take the matter to trial, but going to court could be an expensive process, so most lawyers usually try for a settlement outside of court.

Check online now to find more on personal injury law firms in California, and ask for a consultation, which is usually for free for new clients.

 

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About Me

Hello all!!!! I'm Darcy and I recently started writing on My Zeo about health and fitness (and part of that important health equation is sleep!). As we are all super busy with life, I try to integrate how to stay fit, relax and be healthy and happy through everyday life.

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