Answers To Frequently Asked Questions About Personal Injury In California
I am attorney Scott M. Bluman, and I dedicate my practice at Scott M. Blumen, Attorney at Law, APC, to helping people in San Diego and all across the San Diego Bay area with workplace and other personal injuries.
Take a look at some answers to questions my clients often ask about personal injury law in California.
How long do I have to file a claim for my injury?
There is a certain timeframe (known as the statute of limitations) injured parties can file a personal injury claim in California and seek compensation. In most cases, you have two years from the day of your injury to file a lawsuit against at-fault parties. However, the law allows for some exceptions in certain cases. Speaking to a personal injury attorney about the nuances of your situation is advised.
What types of compensation can I recover for my auto accident injuries in California?
Injured parties are generally able to pursue two types of damages: economic and noneconomic damages. Economic damages are tangible and include but are not limited to medical bills, car damage, and lost wages. Noneconomic damages are not easily quantifiable and include pain and suffering, emotional distress, loss of consortium with your spouse, and loss of enjoyment of life.
Punitive damages may also be available to punish the at-fault party and deter them from future occurrences.
What happens if I was partially at fault for my auto accident in California?
Even if you were found partially responsible for your accident, you can still potentially recover compensation. California uses a standard called comparative negligence.
Under this system of fault, a jury assigns a percentage of fault for both you and responsible parties. The amount of damages are then reduced accordingly. For example, if the defendant was 90% liable for the accident and you were found 10% at fault and the total damage award was $300,000, you could still recover $270,000.
The at-fault driver’s insurance company contacted me and offered me a settlement. Do I really need to get a lawyer involved?
Yes, you should always speak with an attorney before you accept a settlement offer from an insurance company.
The insurance company’s goal is to pay you the minimal amount necessary. They are not your advocate, and a settlement offer is unlikely to include compensation you really need for your specific injuries. Having an experienced attorney on your side who knows the law will ensure your rights are protected and you are offered a fair and reasonable monetary offer for your injuries.
Call My Office For All Other Questions
If you have specific questions pertaining to your slip-and-fall, auto accident or other injury, reach out to my office to schedule a free consultation. We can discuss the accident, and I can answer your questions as they relate to your case.