California Personal Injury – What you should know
Between earthquakes, sinkholes and wildfires, California residents are well acquainted with the potential for injury in day-to-day life. And afterwards there is often no avenue for redress beyond an insurance claim. However, when injuries and damages suffered within the state are due to the negligence or wrongful conduct of a person or entity, California’s personal injury law is a means of restoration. In filing a personal injury lawsuit, a victim may recover lost wages, medical care, burial costs, and pain and suffering, among other associated amounts.
With that consideration, a victim’s actions post-injury may be crucial to the success of their lawsuit. And so that the legal right to sue may be preserved, victims should keep a few key facts in mind when deciding how best to move towards physical, mental and financial recovery.
Statutes of Limitation: Setting a Time Limit to Your Claim
All states limit the time during which a victim of harm may file a lawsuit. This type of law, a statute of limitations, varies with the nature of the claim being filed. However, the limitation’s clock generally begins ticking at the time that the claim arises, otherwise called the “accrual” of the “cause of action” by a court. Typically an injured person in California has two years from the date of the injury to file their lawsuit, although in certain circumstances the deadline may be lengthened (“tolled“). Timely action and awareness of the statute of limitations that may affect your claim is critical; and if a claim is filed after the applicable statute of limitations has passed, then the result will often be dismissal of the lawsuit by the court. Don’t procrastinate in reaching out to an attorney or law firm early, so that they may advise your regarding any factors that may toll the claim, and so that there is ample time for research and analysis of the case, as necessary.
Collect Relevant Documentation
A personal injury lawsuit will not survive without effective documentation to evidence the underlying claim. Delaying health treatment not only endangers the victim, but also may complicate an attorney’s ability to demonstrate the damages sustained. Take notes regarding your injury, treatment and treatment providers, and the cause of the injury. Take photographs as soon as possible, and to document your injuries over time. Keep all paperwork, especially copies of diagnostic tests, medical records, prescriptions, bills and associated receipts. Further, if earnings also suffered due to the injury, keep documents such as payslips or tax records that would demonstrate the lost wages as well.
Don’t Go It Alone
A skilled attorney will only increase your likelihood of attaining a desirable legal outcome. Spencer Law has a broad litigation practice and extensive practice experience in business law, consumer law, class actions, employment law, personal injury, and product liability. The firm’s record of dedicated, aggressive representation has netted an aggregate settlement value of over $120 million for their clients. Consultations are free, so please do not hesitate to contact us.
