Do You Know the Basic Accident Compensation Laws in California?

The list of reasons it is wonderful to live in California would be a long list indeed. That said, there are some negatives. Most notably, the traffic here can be intense. This much traffic means a higher rate of car accidents than anywhere else in the country. As a result, it is a good idea to know the basics of California compensation laws. Read on to learn more and then contact The Law Offices of Larry H. Parker at 800-333-0000 if you need assistance.

The basic rules of negligence

In California, we are known as an ‘at-fault’ state. This means that if you are involved in a car accident and you want to seek compensation, then it is up to you to show that the other drive was at fault. California is also known as a ‘pure comparative negligence’ state, which means that if you win an award for damages then it will be reduced based on your percentage of fault.

To better demonstrate pure comparative negligence, let us consider a case in which you were involved in a car accident awarded $100,000 by a jury. If they also find that you were 40% at fault for the accident, then your award would be reduced by 40% and you would get a total of $60,000 in damages. On the other hand, if you are found to not be at fault at all, then you would receive the entire $100,000.

Know your statute of limitations

You cannot get hit by a car today and then sue the guilty party a decade later. While there are always exceptions, the basic rule of thumb is that you cannot file a personal injury claims after two years have passed, you cannot file a property damage claim after three years have passed, and you cannot file a claim against any type of government agency after six months.

These dates refer generally to the date of the accident. In the event that the extent of the injuries was not clear for months or years after the accident, a personal injury attorney can help you understand what your options are.

You may be eligible for economic damages

There are two main types of damages you may be eligible for if you were injured in an accident. First are economic damages, which are generally easy to measure because they are tied to real costs. Examples of economic damages include lost wages, lost vacation time, property damage, past medical costs, future medical costs, and loss of consortium.

You may be eligible for noneconomic damages

There are also noneconomic damages, which include damages that cannot be measured in terms of flat costs. This would include things like pain and suffering, emotional distress, disfigurement, disability, etc. In the event of a wrongful death suit, loss of consortium and other damages may be included. We will bring in financial experts to assess the situation and provide the right levels of noneconomic damages. To get started, reach out to The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.