State of California Auto Accident Compensation Laws
The State of California is known for many great things. Great weather, recreational areas, movie settings, and beautiful sceneries are the epitome of the great Golden State. Since California has many great things to offer, it is evident why many people would want to live and travel here. With the influx of travelers and residents, a high amount of traffic is one of the outcomes. With the amount of traffic on the roads, auto accidents are inherently common.
If you have been involved in an auto accident in the State of California, it is important that you understand the laws that serve to protect you. While this article will highlight important concepts you should consider, you should also seek the expert advice of a knowledgeable attorney who has experience in handling auto accident cases. California statutes involving auto accidents are subject to change, a skilled attorney will have the most current and up-to-date information you need to successfully pursue a personal injury claim.
Pure Comparative Negligence and At-Fault Rules Will Apply
The State of California has an at-fault system for filing an insurance claim. This means that a driver who is seeking restitution will need to demonstrate fault from the other driver in order to have a successful claim.
Beyond the proceedings of an insurance claim, the State of California imposes pure comparative negligence. When an injured driver is seeking financial restitution by filing a personal injury lawsuit, a judge or jury will calculate the fault of each driver in order to determine each person’s responsibility in the accident. This can affect the amount of damages an injured driver can recover. It is important to understand, however, that even if a driver is partially responsible for the accident, he or she can still recover damages.
The following are important elements regarding the state’s auto accident compensation laws. If you have any questions regarding your specific case, it is important to seek the legal support of an experienced attorney who will look over the facts of your case and help you determine what is the best course of action for you.
California’s Statute of Limitations – The State of California imposes strict time limitations when it comes to filing a personal injury lawsuit. For a personal injury claim, the statute allows for two years from the time of the accident to file a claim. For a property damage claim, the law allows for only three years to file a claim.
If the claimant has suffered an injury because of a negligent government agency, the state will only allow six months to file a claim.
Limitations of Damages – The State of California does not allow non-economic compensation for uninsured drivers.
Other Limitations – For medical malpractice cases, non-economic damages are capped to a limit of $250,000.
Obtain the Legal Support of a Qualified Personal Injury Attorney
Auto accidents in the State of California are frequent, and if you have been injured in an auto accident, it is important to consider seeking the legal support of a professional attorney. A proficient attorney will understand the current laws regarding auto accidents and can help to ensure that your case has the opportunity at being successful.
Attorney Albert E. Hirst has dedicated his career to helping auto accident victims obtain the restitution they deserve following an accident caused by negligence. Attorney Hirst is highly skilled in the field of personal injury lawsuits involving auto accident claims in California. If you have recently undergone an auto accident in California, obtain proficient legal support as soon as possible.