GET YOUR FREE CONSULTATION

Things to Know When Filing a Personal Injury Lawsuit

December 18, 2023

Personal injury incidents can turn into life-altering events—and understanding the legal landscape is crucial when seeking compensation for your damages. In the state of California, specific laws govern personal injury cases, and time is of the essence. Take a look at the top questions about personal injury laws in California, the statutes of limitations, and why you may need to hire an attorney.

What Are the California Personal Injury Laws?

Negligence and liability are central to understanding California's personal injury laws. The state of California follows a negligence-based system, meaning that those responsible for causing injuries due to their negligent actions can be held legally liable for the resulting damages. This includes situations such as car accidents, slip and falls, medical malpractice, and more.

California also operates under a comparative negligence system. This means that even if you were partially at fault for the incident, you could receive compensation at a reduced rate.

Some cases, such as those involving defective products or certain dog bites, are often subject to strict liability. In these instances, proving negligence may not be necessary, making it easier for the injured party to seek compensation.

What Are the Statutes of Limitations in California?

The statute of limitations is a major issue when it comes to personal injury lawsuits. This is the time limit you have to file a legal action. In California the statues of limitation include:

Personal injury. In most cases you will have two years from the date of the injury to file a personal injury lawsuit in the state of California.
Property damage. If the injury also caused damage to your property, you have three years from the date of the injury to file a lawsuit for the property damage.
Government claims. If your lawsuit is against a government entity, you have six months from the injury date to submit your claim. The state also has a deadline to file a lawsuit if the claim is denied.

Statutes of limitations are laws and are not subject to negotiation. If you miss a state-required deadline to file a claim or bring a legal action, you may have lost your chance for compensation.

What Is the Importance of Swift Legal Action?

There are several reasons to take swift legal action after a personal injury incident. The statutes of limitations for these types of cases make it necessary to start the legal process as soon as possible. Again, failure to meet the timelines the state provides means you could forfeit your rights.

Time is also crucial when it comes to preserving evidence. Witnesses may forget details, and important documents may go missing. Prompt action ensures that your legal team can gather and present the strongest case possible.

Why Should You Hire A Personal Injury Lawyer?

Personal injury cases involve intricate legal procedures. From filing the initial paperwork to negotiating with insurance companies or presenting your case in court, having a lawyer by your side can streamline the process and increase your chances of success.

Insurance companies often aim to settle quickly and for the least amount possible. Legal representation can help to protect your rights and may increase the likelihood that you will receive fair compensation for your injuries and damages.

Navigating personal injury laws in California requires a comprehensive understanding of the legal framework and a proactive approach. The statutes of limitations underscore the importance of swift legal action.

Hiring a lawyer as soon as possible not only ensures that you meet filing deadlines but also provides you with the expertise needed to navigate the complexities of personal injury cases. By acting promptly, you empower yourself to seek the compensation you deserve and move forward on the path to recovery.

Do you have a personal injury? Do you need legal representation right now? Contact Frank Penney Injury Lawyers for more information.

< Older Post

Newer Post >

No Fee Guarantee!

Our legal team understands that life can be very stressful after an accident of any type. The financial costs of your accident can add to that stress. When you are asking for help, this should make your life easier – not more difficult. That is why you do not have to worry about any upfront legal fees and expenses when you hire Frank Penney Injury Lawyers to handle your California personal injury case.

At Frank Penney Injury Lawyers, Frank Penney and his staff work on a contingency basis. This means you only have to pay a fee if you win your case. We will never charge a fee unless we obtain a settlement on your behalf. No win. No fee. Case closed.

This means there is no risk in asking Frank Penney Injury Lawyers for help. You get to benefit from Frank Penney’s years of experience, knowledge, and success without needing to stress about the cost. Call today to set up a free initial case assessment or to learn more.

When I first contacted the Law Offices of Frank D. Penney after my accident, I was frustrated with car insurance companies, and medical insurance companies; after all, I was in pain. He and his staff put me at ease instantly! It was such a relief to have someone working on MY BEHALF! They were able to settle my case for more than I initially thought it was worth. THANKS AGAIN!!!

- KRISTA H.

Why Choose Us?

If You Don’t Win, You Don’t Pay
Free Case Evaluations
Over 25 Years of Experience

Compassionate and Caring
Highly Rated Reviews
Proven Track Record

24/7 Availability
Quick Response Time
And More

Our Recent Blog Posts

Deadly Hit-and-Run in Sacramento: DUI Suspected in Fatal Crash

By Frank Penney • February 20, 2025

A tragic hit-and-run crash in Sacramento left a woman dead Wednesday night, and police believe intoxication played a role in the accident. Officers with the Sacramento Police Department responded to the scene on North B Street near Dos Rios Street just before 8 p.m., where they found the woman had died from her injuries. Not long after the crash, an officer spotted a truck matching the suspect vehicle’s description and conducted a traffic stop at Fifth and I streets. The driver was detained as part of the investigation. By Thursday, authorities confirmed the arrest of 62-year-old Steve Read of Sacramento. He now faces felony charges for hit-and-run resulting in death and driving under the influence. Police are urging drivers to avoid the area and find alternate routes as the investigation continues. Experience unparalleled legal representation with Frank Penney Injury Law, the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

Driver in Critical Condition After Driving Off Overpass in Sacramento, California

By Frank Penney • February 20, 2025

A vehicle plunged off an overpass onto Interstate 5 in Sacramento’s Natomas area on Monday afternoon, leaving the driver in critical condition. The California Highway Patrol responded to the scene around 12:52 p.m., near the offramp for West El Camino Avenue. The crash occurred while Kyman Jeung was driving northbound on I-5, heading home. He said the incident unfolded in what felt like slow motion, with the vehicle and debris falling onto the freeway just seconds ahead of him. Jeung had little time to react as he quickly maneuvered through the debris, including tree parts scattered across the road. Hours after the crash, locals noticed remnants of debris still on the overpass and in nearby tree branches. Sacramento Police confirmed the driver who fell from the overpass was the only person taken to the hospital. West El Camino Avenue was closed temporarily between Gateway Oaks Drive and Azevedo Drive while emergency crews worked at the scene. The road fully reopened around 3:15 p.m. Thankfully, no other drivers were injured, though Jeung expressed how fortunate he and others were that the vehicle didn’t land on them. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

Fatal Crash in Carmichael, California After Driver Runs Red Light

By Frank Penney • February 19, 2025

A man was killed on Saturday in Carmichael after running a red light and colliding with another vehicle. According to the California Highway Patrol, the accident occurred around 3:30 p.m. at the intersection of Manzanita Avenue and Madison Avenue. The driver, a man in his 30s, was behind the wheel of a sedan when he failed to stop at the red light. The sedan then collided with a van driven by a man in his 20s. On Sunday, the Sacramento County Coroner's Office identified the driver of the sedan as 37-year-old Masoud Esmailpour of Carmichael. The van driver was treated for minor injuries after being taken to the hospital. Experience unparalleled legal representation with Frank Penney Injury Lawy , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

24/7 Availability – Reach Us by Phone, Email, Chat and More!

If you are involved in any type of personal injury due to the fault of someone else, our experienced team at Frank Penney Injury Lawyers in Roseville, CA can help. We are available to anyone in Northern California 24/7! Give us a call today to learn more at 888-888-0566. We will fight for your rights!