When there's a severe accident, the first thing that runs through your mind is getting medical attention for the victim. Once that's done, you start thinking about the compensation you would get from the other person's insurance company. That's where a personal injury claim comes into play. If you have been injured in a car accident, slip and fall, or any other type of injury caused by someone's negligence, it is important that you get the help of Los Angeles personal injury attorneys.
In order to know how to make a successful claim, it is important for you to understand the basic steps involved in a personal injury claim. Here are some crucial pieces of information on this subject that every plaintiff should be aware of:
1) California follows a pure comparative negligence rule.
California follows a pure comparative negligence rule. This means that each party is assigned a percentage of fault, and they can receive compensation even if they are 99% at fault. The amount of compensation received is based on the degree of fault.
For example, in a case where one person was 50% at fault for their injuries, and the other party was 50% at fault for causing those injuries, then this would result in an equal split of damages between them: $25k from each party ($50k total).
2) The Statute of Limitations differs by type of injury.
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If you’re thinking about filing a personal injury claim, the time limit for filing in California is two years. However, this statute of limitations may be different depending on the type of injury that you have sustained.
Here are some common exceptions to California's two-year statute of limitations:
Wrongful death claims and other claims involving minors—three years (or until the minor turns 18).
Product liability claims must be filed within four years from when you had knowledge or should have known about an injury caused by a defective product. For example, if your child suffers injuries while using a toy that breaks easily after only one use and causes them to fall downstairs, then both parents can file suit against the manufacturer within four years from when they discover or should have discovered these injuries were caused by that specific product instead of other factors like poor parenting choices made by either party during playtime where no such incidents occurred before then even though there was nothing wrong with any other toys manufactured under similar circumstances during this time period since none had ever broken before hand due to normal wear-and-tear conditions which could not possibly happen until several months later when replacements were purchased again without any problems arising at all while still being used properly according
3) You have to receive a process server's notice first.
One of the most important things to know about personal injury claims in California is that you have to receive a process server's notice before you can file a lawsuit. This is why it's so important for you to hire a good lawyer as soon as possible after an accident because they will know how long it takes for these notices to be sent out and can advise you on when the best time is for filing your claim.
The process server's notice is called such because it serves two purposes: It informs you of whether or not there are any claims against your insurance company, and if there are such claims, it provides information regarding what kinds of compensation are available if your case goes to court. Once this document has been served on you (and only after), will your attorney be able to begin working on getting all necessary documents together so that filing can take place right away!
4) Standard workers' compensation claims are not allowed in Los Angeles.
Standard workers' compensation claims are not allowed in Los Angeles. This means that if you were injured at work, you will have to pursue a separate claim against your employer in order to receive any compensation. If you try to file a standard workers' compensation claim, it will be rejected and the case will be closed immediately. To learn more about these types of claims and how they can affect your life after an accident, visit our page on workers' comp benefits.
To find out whether or not you have grounds for filing a personal injury lawsuit after being injured on the job, contact an experienced Los Angeles personal injury lawyer as soon as possible so that they can help guide you through this difficult process. Remember: there are strict time limits for filing these kinds of lawsuits!
5) There is no monetary damages cap in California.
In California, there’s no monetary damages cap. This means that the amount of money you can receive from a personal injury claim is unlimited, unlike other states where there is a specific dollar amount set on what an individual can recover. California is also unique in that punitive damages are not capped and are available in certain medical malpractice cases and wrongful death cases as well as for non-economic losses.
While this may sound like good news for plaintiffs, it does have some drawbacks: The lack of a cap means that if your case goes to trial (which many do), you could end up with a verdict that awards you millions of dollars more than another plaintiff with an identical injury but who sued in another state where caps exist.
Looking for a personal injury lawyer? Here's what you need to know about the law in California.
California is one of the most populous states in the country, and it's also one of the most diverse. That means that there are a wide range of laws that apply to personal injury cases. If you're looking for a personal injury lawyer, it's important to know what kind of laws apply to your case.
California law allows anyone who has been injured physically or emotionally due to another person's negligence or carelessness to bring suit against them in court. This can include a drunk driver, a company that made your car defective and even someone who negligently caused you harm while driving their car. If another person's negligence caused you harm, and you have medical bills, lost wages or pain and suffering, then it is possible that you may be eligible for compensation from them through a personal injury lawsuit.
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Credits To Brett Sachs
Brett Sachs, partner principal attorney at MVP Accident Attorneys, graduated from Michigan State University College of Law with Cum Laude Honors and worked for an insurance defense firm before starting his practice. Brett has evaluated thousands of personal injury cases and has helped his clients receive the justice they deserve.
