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How do I file a personal injury claim in California?

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If you have been in an accident in California, you are probably not only dealing with your injuries and medical issues, you are also trying to manage all expenses and, in general, feeling overwhelmed by the transformation of your daily life. You may also be considering filing a personal injury claim in California and considering whether to hire a personal injury attorney. You do not have to handle this alone; your lawyer will help you throughout the process, let you know what to expect and help you make the right choices.

Is There A Statute Of Limitations For Personal Injury Claims In California?

Yes, California’s Code of Civil Procedure 335.1, specifies that the statute of limitations for personal injury claims is two years from the date the injury occurred.

How Can You Be Ready To File A Claim In California?

To make the process move along much more smoothly, before hiring a lawyer, gather the following information:

  • The date of the accident
  • The place (city, county) where the accident took place
  • The precise location of the accident including cross streets
  • Information on police presence at the accident scene and police report
  • Proof of medical attention you have received since the accident, including all expenses
  • An estimate of medical treatments you may require in the future
  • Estimate of income lost due to your inability to work
  • Estimate of damages to your personal property
  • Testimony from witnesses as well as their information
  • Pictures of the accident, if available

Your attorney will also want to know if the fault of the accident has been determined and, if so, what percentage you are at fault for this accident. Also, what caused the accident and how it happened, and any other additional information you may have that could help your case.

Is Anything Else Important When Filing A Personal Injury Claim In California?

Yes, there are some important factors you should know when planning on presenting a claim for personal injury in California:

Do You Have Legal Standing?

Legal standing in California refers to having the right to sue either a person or a business. To achieve this, you have to be someone directly affected by the issue you are planning to sue about.

Do You Know Who You Are Going To Sue?

It sounds obvious, but you must be able to prove that the other party was negligent in their actions which resulted in the injury. If you are unable to ascertain who is responsible, your best bet is to hire legal counsel.

Are You Partially Responsible For What Happened?

If you are partially to blame for the accident or for the degree of the injuries, you may want to consider whether it is worth your time and money to pursue the claim. California follows the “pure comparative fault” system, meaning that an injured party may recover damages even if they are 99% responsible for the accident or the severity of the injuries, as long as the other party is at least partially responsible.

Once you have decided to go ahead with the claim, you should reach out to a personal injury lawyer in Fresno like the Grossman Law Offices. You will receive a free consultation to discuss the merits of your case and get a much clearer picture of the options available to you.


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