Law

What Is The Statute Of Limitations For Filing A Claim Following An Accident?

It’s natural to feel frustrated, perplexed and overpowered in the aftermath of an accident. One’s entire existence may need to be rearranged after an unexpected accident and injury. The possibility of a lawsuit or the need to seek compensation can exacerbate these thoughts. If the accident was not your fault, you should remember that you can seek compensation from the party responsible.

However, California has a deadline by which your injury claim must be submitted. An experienced Truck accident lawyer can assist calm your nerves and give you the legal backing you need to pursue compensation for your accident quickly. Consult an attorney immediately.

What Exactly Is A “Statute Of Limitations?”

Each jurisdiction has its rules and deadlines for filing claims, known as “statutes of limitations.” California law allows those hurt in an accident to file a lawsuit up to two years after the incident. In most cases, you will lose your right to make a personal injury claim if you wait longer than two years after the accident. The strength of your argument makes no difference. If you let the statute of limitations run out, you lose even if you have a solid case.

Unfortunately, without a personal injury attorney, an accident victim may not know when to submit a claim. The loss of financial compensation for an injury claim can be devastating. Most injured people rely on settlement money to aid with medical bills, missed earnings, and mental health care while they heal financially.

The typical statute of limitations is two years; however, certain exceptions exist. When it comes to accident victims under 18, the two-year clock doesn’t start ticking until the victim turns 18. There are other possible exemptions (such as a delay in discovery or an absent defendant). Still, these should not be relied upon if obtaining just compensation is paramount to you. But even if you believe the deadline has passed, it’s a good idea to consult with a lawyer about your accident claim to see if there’s any way to get around the statute of limitations.

Can We Get Anything Back?

Victims of accidents in the Golden State may be entitled to monetary compensation for their suffering. Damages awarded in this case are meant to put the victim back on their feet after losing money or property in an accident.

The growing costs of treatment, the inability to return to work, and the psychological fallout of an accident can leave victims feeling financially suffocated. Damage awards for victims are meant to assist them in coping with the trauma and starting the healing process. Your claim’s worth, known as compensatory damages, can be broken down into two main types: economic and non-economic damages.

Financial Losses

Losses that can be quantified monetarily and directly result from the accident are known as economic damages. For example:

  • The cost of healthcare,
  • Paid time off,
  • Potential future income loss and
  • Property damage.

With documentation like pay stubs, tax records, and invoices, figuring out monetary losses is a breeze. Do not get rid of anything that could be used by your lawyer in determining the worth of your claim.

Non-Monetary Losses

If you’ve been hurt emotionally or psychologically, you may be entitled to non-economic damages. The following are examples of non-economic injuries:

  • Experiencing agony and distress,
  • The inability to take pleasure in one’s existence,
  • Negative feelings and
  • Departure from a group.

The size of a judgement for non-economic damages is typically far greater than that for economic damages, although non-economic damages are more difficult to prove. It can be difficult to seek compensation for injuries without the help of an experienced personal injury lawyer. However, victims’ losses due to their injuries are better compensated by non-economic damages.

Damages As Punishment

Your attorney might ask for punitive and compensatory damages if the wrongdoing was exceptionally heinous. Punitive damages, as the name implies, are intended to penalise the offender and deter them from repeating their bad behaviour. Punitive damages in California are not limited in any way. But they need to be fair in light of the plaintiff’s losses and the amount of money awarded as compensation. Punitive damages are also infrequently awarded, so keep that in mind.

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