How Long Do I Have to File a Personal Injury Claim in California?
Most personal injury lawsuits in California must be filed within two years of the date of an accident. The statute of limitations can vary in certain situations – like when a government agency is involved or if a victim is a minor.
However, it’s important to speak with an attorney promptly after getting hurt – if you don’t file your claim on time you’ll forfeit the right to get the money you are entitled to.
How Do I Determine Negligence in a San Diego Personal Injury Case?
Most personal injury cases are based on negligence. This means that one person failed to exercise a reasonable level of care under the circumstances and, in turn, caused another person to get hurt. In order to establish negligence – and recover compensation for your injuries – you’ll have to establish four things:
- The defendant owed you a duty of care
- The defendant breached that duty
- You suffered damages
- The defendant’s actions caused your injuries.
If you got hurt because someone else was negligent, you might have the grounds to file a personal injury case.
California Personal Injury Laws
California has pure comparative negligence rules in place. In simple terms, this means that your financial award can be reduced if you share responsibility for your accident. One strategy employed by insurance companies is to “blame the victim.” The more blame that’s assigned to you, the less money the insurance provider will have to pay. That’s more money in the company’s pocket and less in yours.
David Muñoz is known for having zero tolerance for these underhanded efforts. We will hold insurance companies accountable and force them to deal with you in good faith.
If you did play a role, we will work diligently to minimize the proportion of blame that’s ultimately assigned to you.
How Much Does it Cost to Hire a Personal Injury Attorney?
It costs nothing upfront. Instead, personal injury attorneys typically charge anywhere between 33 and 40% of the money they recover for a client. But, this fee is contingent on whether or not the case is a success. If the lawyer doesn’t win, then they don’t get paid.
That means there’s no risk in hiring a lawyer to represent you. You get an advocate in your corner without having to worry about paying for them out of your pocket – when you’re already under enough financial pressure as it is.