The Basics of California’s Accident Compensation Laws


The Basics of California’s Accident Compensation Laws

The Basics of California’s Accident Compensation Laws

There are many things to love about living in California but there are downsides too. Notably, California has some of the worst traffic in the country and some of the highest rates not just of car accidents but of fatal car accidents. As a driver on California roads, it is a good idea for you to understand at least the basics of our accident compensation laws. Read on to get the basic facts then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation if you have questions.

California is an at-fault and pure comparative negligence state

If you are in a car accident then you must show that the other part is at fault if you want compensation – this is what makes California an at-fault state. It is also a pure comparative negligence state, which means that any damages will be paid out depending on the percentage of fault. For example, if you are awarded $10,000 by the jury but are found to be 30% at fault then your award would be reduced by 30% to $7,000.

There is a statute of limitations

If you have been injured in an accident, you do not have an unlimited amount of time to bring your claim before the court. Though there are some very limited exceptions, in most cases if you do not abide by the following statutes of limitations then your claim is going to fail:

  • 2 years for personal injury claims
  • 3 years for property damage claims
  • 6 months for any claim against a government agency

Note that it takes a lot of preparation to get ready to bring a case. As a result, you want to consult a personal injury attorney sooner rather than later.

There are two main types of damages in a personal injury case

The specific damages we will ask for will depend on the specifics of the accident. However, there are two general types of damages. First are economic damages. These are real costs and easy to measure. They include things like past medical care, future medical care, damage to your property, lost wages, loss of future earnings, etc.

The second type is non-economic damages. These are harder to determine in terms of mine and include things such as disability, emotional distress, loss of consortium, pain and suffering, disfigurement, etc. At Law Offices of Fernando D. Vargas we work with expert witnesses who can show the jury why we are asking for the amounts we are asking for.

Are you ready for help with your personal injury case?

These are just the basics of accident compensation. The good news is that you do not need to be an expert in this field – that is where we come in. if you have been injured in an accident and you believe that someone else was at least partially at fault then it is worth calling us for a free legal consultation. You can reach Law Offices of Fernando D. Vargas at 909-982-0707.

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