If you’ve been injured in an accident and someone else is to blame, then you may be able to file a personal injury lawsuit against the responsible party. If your lawsuit is successful, you’d be able to collect damages, or money for your injuries and losses. A San Francisco personal injury lawyer can help determine whether you have a case and work with you to collect the compensation you deserve.
Time Limit to File a California Personal Injury Case
Every state limits the time you have to file a lawsuit. This is known as a statute of limitations. In California, you have two-years from the date of your injury to file a personal injury lawsuit. However, that limit is shortened to six months if you are suing a California city, county or state government agency. (People might file personal injury lawsuits against government entities if they were injured in a slip-and-fall accident while on government property.)
Because lawsuits take time to prepare, you shouldn’t wait until the last minute to hire a California personal injury attorney. Instead, hired a lawyer as soon as possible after your accident. This helps ensure that your lawyer has time to thoroughly familiarize himself or herself with your case before filing the claim.
If you wait to file a lawsuit until the statute of limitations has passed, you will be unable to recover any money in connection with your accident.
California Personal Injury Law
Under California’s personal injury laws, you must demonstrate three key things for your lawsuit to be successful:
- The personal or entity responsible for your accident (known as the defendant) was negligent
- The defendant’s negligence caused you to be injured
- You suffered damages, or financial losses, as a result of your injuries
Negligence can take many forms. For example, someone who’s driving at high speeds on wet and slippery roads, thus causing an accident, would be negligent. A dog owner whose vicious dog gets loose and bites someone would be another example of negligence. A swimming pool owner who fails to fence in his or her pool could be found negligent if a neighborhood child sneaks into the pool and drowns.
Damages in a California Personal Injury Lawsuit
If your lawsuit is successful, you’ll be entitled to compensation for your injuries. Under California law, this compensation primarily falls into two categories. Economic damages are intended to reimburse you for actual out-of-pocket expenses, while non-economic damages compensate you for pain, suffering and emotional distress. Punitive damages, designed to punish the responsible party, are only allowed in egregious cases.
