STATUTE OF LIMITATIONS
Statute of Limitations refers to the law the limits the amount of time within which a victim involved in a car accident may bring about legal proceedings. In the state of California, an individual has TWO YEARS
in which to file a lawsuit for their damages resulting in a car accident or any other accident leading to a brain damage.
Although failure to file a claim within the statutory period could result in barring your claim, there are certain exceptions. Although the statutory period begins to run on the date of the accident, exceptions will be made in situations where the injured party was mentally incompetent or incapable of filing a claim. Furthermore, the statutory period is extended for minors under the age of 18. The minor has until their eighteenth birthday, plus the statutory period of 2 years to file the suit lastly, the statutory period may be extended where an injury is unknown, but is later discovered.
Additionally, if the claim is a Personal Injury
action against public agency, it must be made within 180 days from the date of the car accident. Also, the claim must first be filed and denied before a lawsuit can be commenced.
It is imperative that you call a Head Injury Attorney at Downtown LA Law Today so that your time doe not run out.
WHO’S AT FAULT
In California, the negligent party is responsible for the injuries incurred during a car accident or an action leading to permanent brain injury. A person acts negligently when that individual fails to act in a manner expected of a reasonably prudent person acting under similar circumstances. In relation to car accidents, negligence requires the demonstration of:
- A party was careless, and that carelessness was the direct and proximate cause of the car crash
- The car crash caused some sort of physical or property damage
- The careless party is responsible for the damages
At Downtown LA Law, our Car Accident Attorneys use every means possible to establish fault including police reports, eyewitness testimony, expert witnesses, photos, role playing and computer technology.
California Follows Pure Comparative Negligence
In many brain injury
accidents, fault is not black and white. In other words, there are several situations where more than one party is at fault. The question then arises as to what should be done. In the past, even if a party is 1% at fault, they would be barred from any recovery, even though they barely contributed to the accident. California now adopts a pure comparative negligence model.
Under this theory, the injured party in a car accident will still recover damages in an accident, even if that party carries partial blame. Once the portion of fault is determined, that party is entitled to recover in proportion to the other party’s fault.
Our brain injury law firm does not recover unless there is a recovery for our clients. We work on a contingency basis, and make sure to maximize your recover. For a Free Consultation call us (855) DT-LA-LAW