California car accident statute of limitations
Halt | September 25, 2022 | 0 Comments

California Car Accident Statute of Limitations: What You Need To Know

If you’ve been in an accident in California, knowing the laws is important.

You might receive proper compensation for injuries or property damage during an accident.

Car accident statute of limitations vary by state. It is mainly concerned with the timeliness of your claim. You may have heard different numbers thrown around, though.

We want to help clear up any misunderstanding when it comes to the statute of limitations.

Keep reading to learn more.

What is the California Car Accident Statute of Limitations?

Car Accident Lawyer Tampa Florida

The California Car Accident Statute of Limitations is a law enacted in 1971. It states that the time limit for filing a personal injury claim is two years.

Initially, this law made it it challenging to file a personal injury claim after an accident. It states that the injured party would need to file within two years.

The recent amendment made in 2003 extended the time limit for filing a claim from two years to three years.

What does a Victim’s claim mean?

A victim is the one who sustained injuries, damages or loss of life due to the intentional, negligent or wanton act of another person.

A victim’s claim is a lawsuit against the person that caused injuries. The claim requires physical evidence to support any part of a plaintiff’s claims.

How to Calculate the Amount of Compensation You Deserve for Your Injury

Car Accidents and the Laws of Negligence

The amount of compensation for your injury will depend on some factors. It includes when the accident occurred, whether you have any pre-existing injuries, and whether there was negligence involved.

In addition to these factors, the amount of compensation will also depend on the severity of your injury. A more serious injury will typically lead to a higher amount of compensation than a less serious one.

You can seek out experienced auto accident attorneys or an insurance company to help calculate what your damages would be worth.

What are the Different Types of Compensation?

There are different types of compensation available in these claims, and they can vary depending on the type of injury.

There are three types are compensation for:

  • Medical expenses,
  • Pain and suffering, and
  • Lost wages.

How to File a Personal Injury Claim in California

What steps should you take when injured in a car accident?

In California, personal injury claims are filed under three different categories:

  • Intentional Torts,
  • Negligence, and
  • Strict Liability.

Intentional torts are caused by an individual’s intention to cause harm or take advantage of another’s vulnerability.

Negligence cases involve a lack of care on behalf of the defendant that leads to an accident or injury.

Strict liability is when the defendant is liable even if they did not intend to cause harm or take advantage of someone else’s vulnerability.

To file a personal injury lawsuit, dully complete the personal injury claim form.

If a person is unable to file their personal injury claim within the statute of limitations, they may still file a lawsuit after the time has expired. However, the plaintiff must prove that they were harmed and have been unable to file their claim due to the defendant’s wrongdoing.

Now You Know What to Do

The California car accident statute of limitations is two years. This means that you have two years from the date of the accident to file a personal injury claim.

Contact a personal injury attorney as soon as possible to ensure that your claim is filed within the statute of limitations.

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