It’s important for each state to have clear laws relating to personal injury claims. Personal injuries describe any physical or mental injuries to an individual’s body as a result of negligence. Generally, personal injury laws consist mainly of car accident insurance claims, motorcycle cases, car accidents, pedestrian injury claims and wrongful deaths.
Understanding personal injury laws in California will ensure that you receive fair compensation when involved in an accident and sustain physical or psychological injuries. This is what you should know about personal Injury laws in California;
There is a set period you have to file a lawsuit after you have suffered physical injuries. According to the statute of limitations, the plaintiff should file a lawsuit two years from the date of the injury against the negligent party. Some personal injury issues can be solved outside the court. Lawsuits should be filed in cases where the plaintiff and the party at fault fail to negotiate a settlement. Hiring a personal injury lawyer provides the plaintiffs with legal representation and gives them the right to have their claim reviewed by the judge.
If you file a claim against the party at fault, you are entitled to compensation for the economic and non-economic damages. Damage caps laws limit the amount of non-economic damages given in a particular claim. California damage cap laws. For instance, in medical malpractice lawsuits, the California laws set a maximum of $250,000 on non-economic damages. Non-economic damages include emotional trauma, pain, and suffering. In exceptional cases such as intentional injury or wrongful death motivated by financial gain, there is an exception to damage cap laws.
Shared fault law applies when both parties share some level of liability. In such cases, the liabilities are divided among the two parties by applying the “pure comparative negligence” rule. In essence, each defendant is liable for their share of responsibility for the injury.
California Personal Injury Attorney roles include;
• Providing legal representation to plaintiffs alleging physical or mental injury due to negligence
• Handling all communication with the insurance companies
• Recovering fair compensation for medical bills, wage losses as well as pain and emotional trauma
• Interviewing clients and evaluate their cases.
• They should adhere to set principles and legal ethics when executing roles with the clients.
• Identifying the relevant issues involving the client’s lawsuit by conducting thorough research so as to a build a solid case
• Protecting the client from being victimized by the legal system or insurance firms
Personal injury cases are rampant, and having a private attorney may save a great deal through legal assistance in case reporting, a court hearing until the final verdict is made accordingly. Being legally represented gives ultimate security and confidence in oneself.