What You Should Do if Injured in a San Diego Accident

If you are injured in an accident in San Diego, California, it’s important to know about the personal injury laws so you can file a claim with the court. California, like the rest of the United States, has specific laws pertaining to personal injury.

There is a time limit for filing a lawsuit for personal injury in California. This is known as the statute of limitations. In San Diego and in the state of California as a whole, you have two years from the date of your injury to file a lawsuit with the court. If you don’t file within that two-year time frame, the court will refuse to hear your case. This means you will not receive any compensation for your injuries or any damages that you might have been due. If you are making a personal injury claim against a city, county or state government agency, you have an even shorter statute of limitations of only six months.

California has a rule known as “shared fault.” That means that you can actually be held partially responsible for your injuries and that, as a result, the compensation you receive in your lawsuit is reduced by the percentage you are found to be at fault. For example, if you are involved in a fender bender with another car that failed to yield the right of way at an intersection but you were driving over the speed limit, you could be found to be 10 percent at fault for the accident.

In other words, if you were suing for $10,000 and your shared fault responsibility is 10 percent, you would only receive $9,000 in compensation. Of course, if there is an insurance adjuster involved during your lawsuit, things can be different. You can receive even less money as a result.

There are also limits on injury damages you can collect in California. If you are involved in a car crash but don’t have insurance, you will not be able to recover non-economic pain and suffering damages, even if you are injured. This stands even if the other driver is completely at fault for the accident. However, if you are an uninsured driver who is involved in an accident with a driver found to be under the influence of alcohol or drugs and that person is convicted of a DUI, you can recover non-economic damages.

If you are injured in a car accident in San Diego and want to file a personal injury suit, visit www.ydinjurylaw.com today for a free legal consultation. By hiring a personal injury lawyer, you will drastically increase the chance at getting the maximum compensation for your injuries and other damages.