While one may still feel further weighted down by thoughts of how to cut through the legal jungle to get full compensation for their injuries caused by someone else’s negligence, thankfully, some knowledge of how the personal injury process works in California gives you the courage to do the right thing to protect your rights.
A Brief Map of the Entire Process Through the Legal System in California
1. Know What a Personal Injury Case Is
A personal injury case in California comprises an injury to one person through the negligence or intentional tort of another person. These include the following:
- Car accidents
- Slip and falls
- Dog bites
- Medical malpractice
- Injury at the workplace
- Product liability
For a case to be pursued, there must be proof that:
- The other party owed you a duty of care
- That duty was breached
- There were resultant damages
2. Know the Statute of Limitations
Generally speaking, California gives you two years from the date of injury to file a suit for personal injury. However, after this time, your right to sue is extinguished.
Exceptions:
- Claims against government agencies: Six months from the date of the incident to file an administrative claim
- Injuries are discovered late: One-year limitation from the date the injury was discovered.
3. Get Medical Help As Soon As You Can
Medical help maintains your health and serves to document your injuries. The insurance will hold against the claimant any delay in seeking medical assistance, presuming that either the injury was not serious or it was not caused by the accident.
4. Gather and Safeguard
Your records strengthen the case. You would want to collect:
- Photographs of the accident scene and injury
- Witness statements
- Police or incident reports
- Medical records and receipts
- Documentation regarding lost wages and any other damages
It would be very useful to keep a detailed journal on personal injury since that would record the recovery progress and pain during that period.
This article was written by Alla Tenina. Alla is a top personal injury lawyer Sherman Oaks CA, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.