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Personal Injury Lawsuits in California Pt 1May 20, 2019 0 Comment Category: Personal Injury
Just as in every other state, there is a stipulated time specified by state law in California within which the person who has suffered a loss should approach the courts. This is known as the statute of limitations which may vary from state to state. California has a set of rules in regards to the statue of limitations, although the limits are different for different types of cases. Below is a discussion of the time limits for filing certain cases which a personal injury lawyer can tell you about, such as those relating to dog bites, shared fault, and personal injury.
Time Limit for Injury Lawsuits In California
In California, if you suffer from a personal injury, you get two years of time to file a claim or lawsuit against the offender. If you pass that, you lose your right to claim legal justice for that particular offense, which means the court would refuse to hear the matter. The California statute of limitations for personal injury cases is found in the California Code of Civil Procedure section 335.1. In case a claim is to be made against a country, city, or government agency, the time period available is six months.
California Shared Fault Laws
In certain personal injury cases, the defendant may counter that the claimant too is to blame for the accident which the former is being sued over. If as the plaintiff, you share part of the responsibility for causing the accident, there will be changes to the amount of compensation which you can possibly receive through litigation. Specifically, the amount you can expect to receive from the offender would be reduced in proportion to your responsibility in the event.
In a shared fault injury case, California adheres to a “pure comparative negligence” rule. This means that compensation for the accident would be deducted by an amount which is the same in percentage as your responsibility in the event. For example, if you are in a car crash where the other driver deliberately took off at a stop sign, and you yourself were moving at a slightly higher speed than what was allowed, your responsibility for the event may be decided by the court as 10%. The remaining 90% falls on the defendant. If your maximum receivable damages amount to $10000, what you actually get would be reduced by 10% of that, which means you stand to receive only $9000 at maximum.
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