Accidents in San Diego (and the law)

The personal injury law of California will be exercised in cases of accidents. The same law applies to car accidents, personal injury suffered at the workplace or any other place where a person or an entity is at fault, any type of injury caused by dog bites or when attacked by a pet and other accidents. There are some statutes in the law that you should be aware of to ensure that you are indeed eligible for damages and that you file your claims for compensation at the right time.

•           Every state has what is called statute of limitations. This is essential a period within which you must file your claims for compensation. This applies to all kinds of accidents. Whether it is a car accident or a sporting accident, personal injury suffered at the workplace or any other type of incident that has caused you harm, you should file your claim for compensation within two years. It should be noted that many states allow such claims to be filed within three years from the date of the accident. California does not permit three years. If you wait for two years or longer and then file your claims, the court will refuse to entertain it and your lawsuit would be rejected outright. This is regardless of how genuine your claim is and how severe your injury may have been. The only exception to this statute of limitations is in case of medical malpractice. Also, this statute does not apply to cases where victims or injured people file a lawsuit against any of the state government agencies or departments. You must file personal injury lawsuit against any local agency of the city or county of San Diego within six months from the date of the accident. The statute of limitations is not two years when a government entity is the defendant. 

•           California has a shared fault provision in its personal injury law. This is like the shared fault statute in the state of New York. If you as the victim who has been injured is also to be blamed or partly at fault for the accident, then your claim for compensation would be adequately reduced in proportion to your fault. If you are twenty percent at fault and the other party shares the rest of the blame, then the amount you claim as damages or compensation would be reduced by twenty percent. This is done straightaway by the court. This happens regardless of how severe your injury is or how much money you have had to spend on your medical treatments and other expenses. The shared fault provision is often used by defendants. The representatives of insurance companies tend to explore this provision during arbitration or settlement discussion and you may end up losing more than the proportionate share as it may be determined by the court. You should have an attorney by your side to ensure the pure comparative negligence provision is not used unfairly against you.

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