Limitations on Injury Cases in CaliforniaUpdated on Thursday 03rd November 2016
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Accident victims already have a lot to deal with in the aftermath of the accident, but the injuries they sustain can be compensated for, if an experienced personal injury attorney in California takes over the case. Most accidents are easy to settle and oftentimes the accused party will agree to a settlement and offer monetary compensations, instead of having to go to court. However, there are certain limitations on injury cases in California, in which case it may be harder for the attorney to obtain any compensations for the victim.
A personal injury claim can only be filed if the injured party can prove it was an accident in which he or she has no contribution and the fault belonged to another party altogether. Moreover, the state of California has a statute of limitations - a limited amount of time during which injury cases can be brought to court.
Our L.A. personal injury attorneys invite you to watch a short video on these legal limitations:
Statute of limitations in California
Personal injury cases in California have a statute of limitations of two years from the date the accident took place. During this time, the victim can file a lawsuit and obtain legal compensations. Car accidents, bicycle accidents or motorcycle accidents all fall under this category.
The process is different for lawsuits against a governmental entity, like a city or a county. In this case, the victim has to initiate a claims process with the entity. Our personal injury lawyers in L.A. can help you file a lawsuit in due time.
Discovery of injuries and limitations for compensations
In some cases, the victim of the accident can be unsure that he or she has sustained an injury and, in this case, the discovery of harm rule applies. While the statute of limitations is two years for injury cases in California, in some cases the time period does not commence until the injured person does not discover the extent and nature of the harm.
The discovery of harm rule applies best in medical malpractice cases when the patient usually needs some time to discover that something went wrong with a surgery or another medical procedure. However, the delay must be reasonable for the applicable circumstances. The plaintiff has one year to take a medical malpractice to court after he discovers that a medical error took place. In all other cases, the statute of limitations for medical malpractice is three years after the injury took place.
According to law, the victim of an injury accident in California is entitled to receive an amount of economic compensations that he or she would need to recover from the damages and suffering that occurred as a result of the accident. In California, damages are limited to a certain amount, usually the economic damages grant multiplied by a single digit number.
A limitation on non-economic damages in medical injury cases is applicable in California. These types of damages include pain and suffering after an accident as well as other ability losses that do not directly relate to economic losses or damages. The State of California also imposes a limitation on the attorney’s fees in medical malpractice cases.
Our L.A. personal injury attorneys can evaluate your case and help you file a lawsuit or a claim and settle any personal injury case.