In the US, each state has its own laws relating to injury claims. In California, what you don’t know may hurt you, one way or another. For instance, if you become a victim of a car crash, and you don’t know the laws for injury claims, you may deny yourself the right to compensation. In most cases, the claims are based on a statute called “negligence.” The statute looks at the possibility of the offender failing to prevent the injury. To prove negligence, the complainant must demonstrate, beyond any reasonable doubt, that the other party is at fault. Aside from the negligence law, below are other California injury laws to know.
California Statutes of Limitations
In California, time is crucial when filing an injury claim. There is often a deadline for filing a claim, and it’s what we call “statutes of limitations.” If you don’t file the complaint within the deadline, you may lose the chance to have the case reviewed in court. The statutes of limitations depend on the type of injury sustained. For example, personal injuries from accidents have a two-year time gap, as well as injuries related to using defective products. However, injuries from medical malpractices have a three-year deadline.
California Shared Fault Law
As a Californian, you don’t have to hold back from filing a lawsuit just because you share some of the blame. Provided that your contribution in the fault is smaller than the other party, you can receive compensation. If, for example, the total loss from an accident is $100,000, and your fault share is 10%, you deserve to get $90,000 as compensation from the other party.
California Dog Bite Rule
Unlike most states, California holds the dog owner one hundred percent responsible for attacks made by the animal. As a victim of a dog bite, the law gives you the right to charge the dog owner for negligence and demand monetary compensation for the injuries sustained. The legislation considers an attack by a specific dog in a public or a private premise, regardless of the owner’s knowledge of the animal’s viciousness.
California Damage Cap
Individuals filing for personal injury claims in California can demand monetary benefits from the offender. The benefits can include economic (for instance, compensation for lost earnings, property damages, and costs of treatment) or non-economic (compensation for emotional anguish and pain). There is no limit for economic damages but the limit for non-economic damages is $250,000.
Although some California injury laws are detailed, it’s imperative to be conversant with the basics. If you need help understanding the statutes or filing a lawsuit, hire a lawyer to assist you. The expert will help you collect evidence for charging the offender to receive compensation.