California Statutes of Limitations
According to Sections 335.1 and 340 of California’s Code of Civil Procedure, you generally have two years from the date of the accident to file a lawsuit. If you fail to file within the two-year timeframe, your claim could be forever barred. But what if you don't know you were injured directly following your accident? In California, there is a special rule called "discovery of harm." If you didn't realize the extent of your injuries until much later, the statutes of limitations wouldn't start until the discovery of the injury.
5 Key Factors That Can Influence the Outcome of Your Personal Injury Claim
If you have been injured due to the negligence or wrongdoing of another party, you are entitled to compensation for your damages, such as medical expenses and lost wages. However, even with an experienced lawyer in your corner, personal injury claims are rarely a “slam dunk.”
Whether you suffered injuries due to the carelessness of a distracted driver or the negligence of a doctor, insurance companies will vigorously fight your claim. Some of the factors that can strengthen or weaken your case include the following:
1. The negligence of the parties — In order to bring a successful personal injury claim, you must be able to show that the defendant acted carelessly. For example, in a medical malpractice case, you must show that the doctor failed to follow the appropriate standard of care. The more egregious the conduct, the easier it is to establish liability. However, your damages may also be reduced by your own percentage of fault.
2. The nature of your injuries — You must be able to provide medical evidence that shows you sustained injuries during the accident. The more serious and potentially long-lasting your injuries are, the higher the value of your claim.
3. The existence of prior medical conditions —A common defense tactic is to blame your current injuries on a pre-existing medical condition or injury. While a clean bill of health prior to the accident often boosts the value of your claim, medical records showing treatment for a similar condition may reduce your settlement or verdict.
4. The severity of the property damage — In a motor vehicle accident case, the lack of property damage may be used to suggest that the injuries suffered were not severe. Conversely, if the vehicle was totaled, you may have a stronger claim.
5. The credibility of the witnesses — The consistency of the statements made by witnesses, especially the victim, are critical. Any contradictions or false statements can damage your credibility and make it more difficult to prove your claim. To avoid any potential problems, you should avoid making statements directly to the claims adjuster without first consulting an attorney.
If you or someone you care about has suffered serious injury due to someone else’s negligence, don’t hesitate to contact a San Diego injury lawyer at the Law Offices of Robert Vaage for a free consultation. Our team of dedicated staff is committed to helping injury victims obtain the compensation they deserve.
What Can Injury Victims Do To Help Their Personal Injury Case?
Injury victims often ask what they can do (or should have done) to help their personal injury case. This is a good question because there is a great deal that can be done, particularly in the immediate aftermath of an injury.
Four things that can significantly improve your injury claim:
- Preserve the Evidence: While you may be in a rush to get rid of anything that reminds you of your injuries, it is important to preserve physical items that may be used as evidence. For instance, in a car accident, the dents in the vehicle can help show the speed and direction of the other vehicle.
- Take Photographs: It is important to take pictures of your injuries, where the accident took place, and anything else that may seem important. Most importantly, they should be taken as soon as possible. If you do not have a camera on your cell phone, a simple disposable camera will work.
- Keep Detailed Records: It is important to keep any and all records related to your injury, including hospital bills, medical records, prescription receipts, insurance claims, etc. You will be asked to provide these to your personal injury lawyer, and they may be later used to prove your damages.
- Write Your Account of the Accident: While many assume that the details of the injury will remain ingrained in their memory, even bad memories do fade over time. Therefore, it is important to write down exactly what happened for your attorney as soon as possible after the injury. It is also important to be as thorough as possible because it is often difficult to know what may be important when it comes to a personal injury case.
Our team of attorneys has extensive experience handling personal injury cases and understands what it takes to successfully settle or litigate a claim. If you've been seriously injured due to another person's recklessness or negligence, please do not hesitate to give us a call at (619) 739-4040.
