Driving is a necessity for most people in the modern world. So, the chances of being in a car accident that results in a personal injury are high. Motor vehicle accidents can stem from a wide array of causes, including distracted driving, speeding, operating under the influence of drugs or alcohol, improper turns, reckless driving, bad weather, failure to signal, and other traffic law violations. It is important to remain cognizant of the statute of limitations so that you are able to pursue your claim. Determining whether your potential lawsuit remains within the statute of limitations requires a close understanding of the law because failure to file it timely will most likely spell the end of your legal claim. Furthermore, clever defense attorneys will attempt to reduce any claim for compensation by applying California’s comparative negligence statute. This means that they will allege that you share at least partial fault.

But what happens if there has been a death? California law requires a wrongful death claim to be filed within two years of the date of death. Are the rules different for children? Under California law, the statute of limitation to bring a personal injury lawsuit is generally two years from the date of the accident, but for minor children the two-year statute of limitations may be tolled until the minor child reaches his or her 18th birthday. There may be additional exceptions or “tolling” (i.e. pausing) of the statute for other reasons, like if the defendant is a public entity. Ultimately, determining whether you remain within the statute of limitations requires a close understanding of the law. Failure to file a lawsuit within the statute of limitations will most likely mean the end of the line for your claim. There are precious few exceptions to statutes of limitation. This is yet another reason having a knowledgeable, experienced Auto Accident Attorney Los Angeles can rely on to review the facts of your case sooner than later is so important. Do not delay. Contact Prosmushkin and Davis, P.C. Th᠎is article was w᠎ri tt en wi᠎th t he ᠎help of G​SA  Co᠎nt en᠎t Ge nerator DEMO!

Ten Undeniable Facts About Accident Attorney

One caveat to this is that it can be useful to have a Los Angeles Car Accident Lawyer to represent you even before dealing with your own insurance company. The reason for this is because your interests are not necessarily aligned with the insurance company’s. Your interests are to be placed financially whole after suffering the expenses related to an automobile accident. The insurance company’s interests are to pay only what is legally required under the terms of the policy contract. Some insurance companies use complicated legalise and other questionable tactics to confuse policy holders and avoid paying additional amounts of money. They may also attempt to draw out the process with undue delay and obfuscation. That is why having an Auto Accident Attorney Los Angeles can trust available to represent you at the outset of your claim is so crucial. A Statute of Limitations is a law that sets the maximum amount of time people involved in a legal dispute have to initiate formal proceedings, which usually begin the date of the accident or event which gave rise to the dispute.

Similarly, if a car accident was due to a product defect inherent in the car, it may be possible to bring a product liability case against the appropriate manufacturer or dealer. In order to bring a personal injury claim against someone who you believe is responsible for a car accident, fault must be demonstrated by the injured party. Moreover, California applies a comparative fault theory in car accidents and other personal injury cases, also known as comparative negligence. Under the comparative negligence law, the damages to which an injured person is entitled are reduced by the percentage of fault attributable to their own actions. Thus, for example, if a court awards $100,000 in damages to the injured party but also finds them 20 percent at fault, the total damages would be reduced to $80,000. California is a pure comparative negligence state. This means that if you share fault for causing a car accident, you may be able to recover compensation from another party who also shares fault, regardless of the degree of your own fault, but the compensation you will be entitled to recover will be reduced by your percentage of fault.

This element is often easiest to prove. Example: A driver operating an automobile or other motor vehicle through a busy downtown intersection has a duty to watch for pedestrians, obey traffic signs and signals, and move at safe speed. Breach: Additionally, the injured party must show that the other party breached their duty of reasonable care by not exercising sufficient caution while driving. In other words, a breach occurs when the other party’s conduct falls short of their duty of reasonable care. Example: A driver is operating an automobile that is traveling at a speed which would not allow him to safely stop if a pedestrian is crossing the road or if a traffic light changes. Causation: This element actually consists of two separate sub-elements: actual causation and proximate causation. To satisfy the former, the injured party must demonstrate that their resulting damages were actually caused by the other party’s negligence.