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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.

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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.


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