There is only one situation where an uninsured driver can recover non-economic damages. In cases where an uninsured driver is injured by another’s negligence they cannot recover monetary damages for non-economic damages i.e. There are certain cases in California law where there are hard limits on the amount you can recover for injuries. This can include medical bills and lost wages. In such cases, you may have to pay for a small percentage of the total cost of your injuries. You may be found completely innocent of fault in some cases or your fault may be considered very minor. Do note that at fault laws don’t mean a 50/50 split. While someone running a red light and striking your car would be held mostly at fault if you were driving ten miles over the speed limit at the time of the accident that will also be taken into consideration. For example, if you’re badly injured in an automobile accident your actions while driving will be taken under consideration. The best way to explain this is that you may hold some responsibility for your injuries. In California there is a concept of shared fault. In cases such as these you only have six months to file the proper claim paperwork to receive a court hearing and possible compensation for your injuries. An example of this may be you’re injured in a fall on a public sidewalk that was badly maintained. A lawsuit against the state can relate to issues with cities, counties, or government agencies. However, the statue of limitation for filing is much shorter if the entity in question is the state of California. Remember if you are injured by another’s negligence it is important to get the lawsuit properly field because once you are outside of the two year window the court system will likely refuse to hear your case. In a personal injury case in California you have two years from the time of injury to file a lawsuit. In the state of California there are limits to the amount of item you have to file a lawsuit to recover damages from a personal injury. Examples of this can include an unsafe yard on personal property or a wet and unmarked floor in a business.Īccording to the National Center for Health Statistics there are 1,903,000 cases yearly of people released from hospital stays due to injury.Īlso of note is there are over 29 million emergency room visits and over 31 million doctor visits reported yearly due to injures. Also, if you are injured on another’s property they can also be held accountable. This can include animal attack, such as those from an unsafe dog. These include injuries you suffer from another’s personal negligence or malice. However, there are numerous other cases that would fall under personal injury. When the subject of personal injuries are discussed most people immediately think of auto accidents. Some of the most common causes of injuries are car accidents, slip and falls, motorcycle accidents, pedestrian accidents, dog bites, wrongful deaths, and big rig trucking accidents. There are many different kinds of accidents that can lead to a personal injury lawsuit. Suffering a personal injury often leaves you with medical bills, lost wages, and substantial pain and suffering. In order to file a personal injury lawsuit, you must be able to demonstrate that you have sustained injuries as a result of someone else’s negligent actions. Avoid trying to handle a complicated legal matter without professional guidance.Īfter an accident, you may be able to recover compensation. Our suggestion to anyone involved in an accident is to first contact an attorney. Contact a Chula Vista personal injury lawyer at the May Firm for a free consultation. One of the most important things you can do to protect yourself is to consult with a knowledgeable attorney sooner rather than later. Being involved in any kind of accident is a harrowing experience and likely one that has given you a great deal of anxiety.
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