Los Angeles Accident Attorney

The California statute of limitations for personal injury cases is two years as per California Code of Civil procedure, Section 335.1. It states:

“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”

Certain exceptions apply, such as when you file a claim against a government institution. An accident attorney will advise if any exceptions apply to your case after examining it.

It’s always advisable to contact an accident attorney as soon as possible after you sustain serious injuries in a case. It’s easier to collect evidence and get witness statements shortly after an accident than one or two years later.

In principle, the plaintiff has to prove the defendant was negligent in personal injury cases.

Negligence is any act or omission by the defendant that results in a breach of their duty of care that could likely cause injury to others. It has four key elements, namely:

1. The defendant owed the plaintiff a duty of care.
2. The defendant failed to fulfill their duty due to a careless act or failure to act.
3. The defendant’s breach of duty was the proximate (main) cause of the accident.
4. The plaintiff suffered compensable losses as a result of the accident.

Note that California follows a pure comparative rule. It means the defendant doesn’t have to be 100% negligent or at fault before you can claim compensation.

For example, it might be determined that you and the defendant were 20% and 80% at fault, respectively. If you suffered damages worth $1 million, you will only be entitled to 80% or $800,000.

Contact a back injury attorney at Cohen & Marzban for a more detailed explanation based on your unique circumstances.

California follows a pure comparative negligence rule. It means the defendant doesn’t have to be 100% at fault before you can claim compensation for their negligence.

For example, a court might determine you and the defendant were 30% and 70% at fault, respectively. If you suffered damages worth $1 million, you will only be entitled to 70% or $700,000.

The compensation you might be entitled to includes:

• Emergency medical expenses
• Future medical treatment
• Lost wages and future loss of income
• Pain and suffering
• Disfigurement
• Physical therapy
• Emotional distress
• Loss of enjoyment of life
• Punitive damages (in gross negligence cases)

An experienced accident lawyer will be able to provide you with more details after reviewing your case.