Tips For Filing A Personal Injury Lawsuit In California
Filing a personal injury lawsuit can be a pretty daunting task. There are quite a few different laws that you need to consider, and the entire process can vary substantially based on which state you are filing in. To help you get started, here are some unique features of personal injury lawsuits in California.
The Window to File
The first thing you need to know is how long you have to file your lawsuit. Each state has a different statute of limitations and it is normally two years in California. However, there are special cases for when the injury was not immediately discovered (1 year after the discovery) and when you are suing the government (6 months to 1 year, depending on the circumstances and the agency involved).
If you don't file within the statute of limitations, then your lawsuit might just get thrown out. Therefore, you want to file your lawsuit as quickly as possible, while also taking the time to create a strong case. For this, you will likely need a personal injury attorney. These attorneys can help explain the timetable of a personal injury lawsuit and exactly when you need to be filing and what information you need to collect.
In some types of cases, there are strict caps placed on the amount and types of damages that may be awarded.
For car accidents, you may pursue damages for personal injury and damage to your car. However, if you were uninsured at the time of the accident, then you may not pursue damages for pain and suffering and other hard-to-quantify factors. There is a key exception to this rule, and that is when the other driver was under the influence (and convicted as a result). In such a case, you may sue for non-economic damages.
Similarly, there is a strict cap on pain and suffering damages that can be awarded as a result of a medical malpractice lawsuit. This cap is $250,000, but you should remember that this doesn't apply to total damages. You can still pursue unlimited economic damages, even if the cap is $250,000 for non-economic damages.
Due to the relative complexity of filing a personal injury lawsuit, it's a good idea to ask an attorney like one from Denali Law Group before filing anything. Among other things, they can inform you other of other applicable laws and help make sure that you pursue the proper types of damages.