You or someone that you love dearly was just the victim of a terrible accident or intentional act and sustained a head injury and perhaps other life-changing injuries. This is something that came out of nowhere and affected your family causing much pain and anxiety for all involved. The medical bills are beginning to accumulate. While your family might have private health insurance and some savings, these will quickly be exhausted. Meanwhile, you or your loved one is suffering, and it’s understandable that you want someone to pay for the injuries.
Get to Know Your California State Laws
According to the California Courts, you are governed by a statute of limitations, typically of only 2 years. This is the amount of time during which you can file your lawsuit in the court system. However, it depends on the case circumstances whether this is a hard and fast rule. There are instances noted on the same website where the statue of limitations may be suspended during a tolling phase, especially if the defendant is a minor, insane, or has left the state of California.
Consult Personal Injury Experts
Consulting San Diego head injuries lawyers about the statute of limitations is the best way for accident victims like you or your loved one to determine the period of time that governs your potential claim. Remember, filing a lawsuit does not guarantee that you will ever make a financial recovery or that you will win the legal dispute against any or all defendants deemed to be related to your case. If you try to make a legal claim for damages after the statute of limitations has expired, a California court may refuse to hear your case. It will be up to you or your legal representative (attorney) to explain why the statute of limitations has not passed. It will be up to the judge to decide whether your claim is still valid. Most personal injury lawyers will not take a case if the statute of limitations is about to expire because there will not be enough time to prepare the case. Alternatively, they may take the case with the caveat that you file a lawsuit immediately to protect your rights to make a personal injury claim.
What is a Personal Injury Lawsuit?
We want to give an example here of why an accident victim might need to make a claim for head injuries in the state of California. Let’s say that your child was being transported in a passenger van to daycare. The van was involved in an accident with a drunk driver, and your child sustained a traumatic brain injury. There are potential claims against all drivers and vehicle owners as well as your own private motor vehicle insurance. It’s up to the lawyer to determine where benefits might be recovered. The more vehicles involved in the case and the more victims, the more people who will be trying to recover damages from the applicable insurance policies. When a lawsuit is filed, you and the child’s other parent are putting the defendants and their insurance carriers on notice that there is a claim for injuries. Then, the defendants and their insurance carriers will decide whether to settle the case or attempt to lose at a civil trial.
How It Works
In California, there are two years from the date of injury to file this type of lawsuit. If the injury was not discovered right away, then there is a statute of limitations of only 1 year from the date of discovery. A personal injury lawyer typically works on a contingency fee basis. This means that you agree to pay the lawyer a percentage of any settlement or jury verdict that he or she may win on your behalf. The lawyer is also entitled to receive reimbursement for reasonable fees and costs, which are accounted to you. During the course of your case, you have the right to ask your lawyer for the applicable fees and costs that have already accrued. This may influence your decision whether to accept a settlement. It’s customary to consult with your attorney about whether to accept any settlement offers from insurance carriers. These may be offered at any point during the course of the case (even after the lawsuit has been filed). However, some offers are a joke. They are not reasonable settlements of your head injury claim. What’s more, some settlements may not begin to cover all of your past, present, and future medical expenses related to the event. Remember, because the event was not your fault, you want to seek the maximum recovery possible and keep in mind that your attorneys keep a percentage of any settlement or verdict.
Personal injury lawyers practicing in the state of California are governed by the ethics rules of the state. Attorneys cannot solicit your business or promise you any kind of recovery for a personal injury claim. As personal injury lawyers, we are passionate about helping head injury victims to seek justice through the civil courts from all defendants. We will do our best to identify any applicable defendants and their assets and insurance policies and seek a recovery on your behalf. A personal injury lawsuit has no guarantees. Finally, it may take us a long time to recover any damages. Please contact us for a free consultation on your head injury case today.
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