Car Accident FAQs
Can anyone sue for injuries caused in a car accident?
Is there a time limit during which I can file a lawsuit?
What is the compulsory financial responsibility law?
What do you have to prove in order to win a car accident personal injury
case in California?
What can I recover if I file for damages?
Are there different damages in a wrongful death claim?
Can anyone sue for injuries caused in a car accident?
Yes, if you were seriously hurt in a
car accident and the accident was
someone else's fault - whether it was another driver, the city responsible
for road maintenance, or the manufacturer of a defective vehicle - then you can
file a lawsuit.
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Is there a time limit during which I can file a lawsuit?
Yes. Lawsuits are governed by what is called a statute of limitations,
which is the time period in which you may file a claim. In California, the
statute of limitations for a
personal injury claim due to a
car accident is two
years from the date of the auto accident. So speaking with a
car accident attorney promptly is
always in your best interest to avoid missing the opportunity to file a
claim.
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What is the compulsory financial responsibility law?
California has a law known as compulsory financial responsibility, which
mandates that you have a minimum amount of insurance on your vehicle. You are
required to have a minimum of $15,000 worth of coverage for each person
operating the vehicle, and at least $30,000 worth of coverage total. Anyone
caught without minimum insurance coverage can have their driver's license
revoked.
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What do you have to prove in order to win a car accident personal injury case in California?
You must establish the following basic principles in order to succeed in winning your case and receiving damages:
- The person you are suing (the defendant) had an obligation to act in a safe manner (in car accident cases, this means that the defendant was supposed to obey all safety rules and not engage in aggressive, dangerous driving behavior).
- The defendant failed to honor that obligation.
- The defendant's failure to honor that obligation resulted in your injuries.
- Your injuries are a direct result of the accident.
- Your injuries merit financial compensation, or damages.
What can I recover if I file for damages?
Depending on the extent of your injuries, the type of damages available in an automobile accident claim can include:
- Medical expenses you have already incurred, and future medical costs you expect to have;
- Lost wages and lost earning ability;
- Mental and emotional distress and other non-economic damages.
Are there different damages in a wrongful death claim?
If the injuries were fatal, surviving relatives may file a
wrongful death
suit, which would include the same damages as mentioned above - plus burial
costs and loss of companionship
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