Jurupa Valley Personal Injury Lawyer

If you have been injured by the fault of another, then you could be entitled to compensation. In California, there are personal injury laws that are set in place to protect personal injury victims.

All states set limits on the amount of time you have to go to court and file a lawsuit after you’ve suffered some type of harm. This kind of law is called a statute of limitations, and there are different deadlines depending on the kind of case you’re filing.

When an individual has been injured because of another’s negligence, then it is imperative that he or she contact an attorney immediately due to strict time limits that require an individual to file a claim within a certain period.

Statute of Limitations in California

The California Code of Civil Procedure section 335.1 includes information on the statute of limitations on personal injury cases. The statute of limitations for personal injury in California states an injured individual will have two years from the date the injury occurred to file a persona injury claim against the individual who was responsible for causing the injury. When an injured individual does not file a claim within the two-year time frame, his or her case will be refused by the court, which will result in lost compensation.

However, if an individual files a claim against a city, county, or government agency, then there is a time limit of six months to file a claim. Furthermore, individuals who file a personal injury claim against a government agency are required to follow a mandated set of rules.

The California Serious Injury Threshold

In California, there is not a specific serious injury threshold. However, there are three primary categories that decide if the “threshold” has been met, which include:

Intentional

When an individual purposefully intended to inflict injury on a victim, it falls into the intentional category.

Negligence

When an individual breach his or her duty of care, which results in another’s injury, it is negligence.

Strict Liability

If an individual is liable when an individual is injured, which can include intentional or negligent conduct, it falls into this category.

What are the Limits for Personal Injury Damages?

There are laws in California that set limitations on the number of damages an individual can seek in personal injury cases. In California, there are two primary categories, which include non-economic and economic damages.

Economic Damages

In personal injury cases, economic damages refer to money that is lost or debts that were acquired from the injury. This can include lost wages, lost employment opportunities, and medical bills.

Non-economic Damages

Non-economic damages include pain and suffering, emotional stress, disfigurement, and physical impairment. Personal injury attorneys sometimes call these damages “pain and suffering.” Non-economic damages can include grief, humiliation, and nervousness.

With non-economic damages, California law does not place a set value on the injury the victim incurred. The law in California leaves a jury responsible for determining the amount a victim will receive for non-economic damages. However, jury members must act reasonably and consider the evidence that was presented by both parties in the case.

California Shared Fault Law

There are some personal injury cases where the defendant will claim the injured individual is partially responsible for the injury. When the victim shares a certain degree of liability, it can have an impact on the amount of compensation a victim will receive.

In California, shared fault injury cases abide by a pure comparative negligence rule, which means the amount of compensation a victim will be entitled to will be reduced based on the percentage of fault for the injury.

Important Steps to Take if You Have Been Injured

If you have been injured by the fault of another, there are crucial steps that need to be taken. After the accident, if you are able, find and speak to any witnesses. You will also need to seek medical attention.

Furthermore, seek help from a personal injury attorney as soon as possible. An experienced personal injury attorney can help you build a solid case, which will increase the chances you get the compensation that you deserve. Contact us at 888-540-0836.

Experienced Car Accident Lawyers in Jurupa Valley

With more than 100,000 people calling the city of Jurupa Valley home, and with major freeways such as Interstate 15 and California State Route 60 serving the city, it’s no wonder that car accidents are a common cause of injury and death in Jurupa Valley. When an accident occurs, a victim of that accident maintains the right to seek compensation for their harm; however, it is not uncommon for claims to be lowballed, especially when a claimant fails to seek the counsel of an experienced Jurupa Valley car accident attorney. To improve your chances of recovering your maximum compensation award, call the office of El Dabe Ritter Trial Lawyers today.

California Car Accident Fault and Comparative Negligence Rules

If you are involved in a crash in Jurupa Valley and suffer damages, it’s important that you have an understanding of your recovery options. Because California is an at-fault car accident state, after a crash, you may:

• File a claim against the at-fault party’s liability insurance;
• File a lawsuit directly against the at-fault party; or
• File a claim against your own insurance company depending on the coverage you carry (i.e. you may seek medical payments coverage if you maintain this coverage type).

The law in California holds that parties who cause accidents are responsible for paying for them – this means that if a crash happens through no fault of your own, you can hold the other party liable for 100 percent of the damages that you suffer. Note, however, that California also recognizes the rule of comparative negligence. Via this rule, you are allowed to recover compensation from any party whose negligence contributed to your accident, even if your own negligence played a role, too; however, your recovery amount will be reduced in proportion to your degree of fault.

California Car Accident Statute of Limitations

In addition to fault rules, it’s also necessary to understand the California car accident statute of limitations – the amount of time that you have to file a lawsuit after a car accident occurs. (If you and the insurer cannot reach a settlement, you can file a lawsuit in an attempt to recover damages.)

The statute of limitations in California is two years from the date of your accident. Failure to file a lawsuit within two years from the date of accident is a bar to recovery. It is recommended that you notify the insurer of the accident and initiate the claims process as soon as possible after an accident to avoid a breach of the statute of limitations.

Jurupa Valley Bicycle & Motorcycle Accidents

Distracted driving is the cause of many Jurupa Valley motorcycle/bicycle accidents. Whether it’s texting and driving or driving under the influence of drugs or alcohol, drivers are less likely to see people on bikes of any sort due to the fact they are smaller and easier to miss.

Any type of distraction increases your chances of being involved in an accident of this nature, and Jurupa Valley motorcycle and bicycle accident attorneys have handled thousands of cases involved distracted drivers causing accidents with bicyclists and/or motorcycle riders. The negligence of drivers causes more accidents than not, and the injuries and aftermath of an accident can be devastating.

What is Negligence?

Negligence means a person did not do what they were required to do. In a case involving a negligent driver and a motorcycle or bike rider in an accident, drivers simply did not drive correctly. This is a broad statement, of course. Their negligence is apparent, but the cause varies.

• Drugs or alcohol
• Texting and driving
• Talking on the phone
• Looking at their kids in the back
• Changing radio stations
• Not looking both ways before turning
• Swerving
• Speeding
• Not obeying traffic laws
• Not stopping for a light or sign
• Driving while tired
• Falling asleep at the wheel

Anything can distract a driver and cause their negligence, which is why driving distracted is such a danger. It is usually the biggest danger to those without the protection of a vehicle around them, which is why bike riders and motorcycle drivers are at risk. A driver not paying attention to the road poses a huge risk to anyone on the road, but especially those who are on bikes of any sort.

What Injuries are Common in a Bike/Motorcycle Accident?

There are so many injuries associated with these accidents it’s impossible to name them all. No two accidents are the same. Some motorcycle/bicycle riders walk away with nothing more than a little road rash and a few scratches. Others spend the rest of their lives seeking medical treatment for their serious injuries.

• Death
• Paralysis
• Brain and head injuries
• Neck and back injuries
• Spinal cord injuries
• Road rash and burns
• Cuts and lacerations
• Broken bones