In California, it is important to act quickly if you have been injured in an accident. While you have the right to take legal action, the state limits the amount of time you have to file a personal injury claim.
An invisible clock will begin to run the moment you are involved in an accident. In most cases, this clock will run for two years. If you do not file a personal injury claim for damages before this clock (the statute of limitations) expires, you will likely be prohibited from getting the money you really need to get better.
There are certain circumstances that will allow you to file a claim outside of the traditional timeframe set by the statute of limitations. The statute of limitations can be extended if:
If you believe that the government is responsible (or partly responsible) for your bicycle injury you cannot waste any time. In order to recover compensation from the government, a special administrative claim must be filed within six months of your accident. The government will review your claim and either approve or deny your request for compensation. If your request is denied, you will have an additional six months to file a formal civil claim against that government entity.
In California, personal injury victims are generally entitled to recover both economic and noneconomic damages. The specific amount and type of damages that can be awarded will vary from case to case.
Economic damages allow a victim to recover the verifiable out-of-pocket expenses they incur because of an unexpected accident. This includes current costs and projected future costs. Examples of economic damages include:
Some consequences of an accident may not have a direct financial cost. This doesn’t mean that these harms are any less serious or devastating. Noneconomic damages are awarded to compensate you for these personal and hard-to-value injuries. Examples of commonly awarded noneconomic damages include:
In California, you can recover compensation from anyone whose negligent or wrongful conduct contributed to your injuries. If more than one person is responsible, liability will be divided according to each person’s degree of fault. Under this theory of comparative fault, a victim can also be held financially responsible if they played a role in causing their own accident. If you are partially responsible for causing an accident, your ability to recover compensation will be limited.
There are quite a few potentially liable parties after an Orange County bicycle accident, including:
The decisions you make immediately following your bicycle accident will affect any future legal claims you decide to file. Keeping the following suggestions in mind after your accident will help to keep you safe and maximize any compensation you may recover.
And most importantly:
Your chances of recovering a meaningful settlement or award increase when you hire an attorney to handle your case. At the Law Offices of John Rapillo, our personal injury attorneys have the experience, knowledge, and passion necessary to get make sure that you are fairly compensated for your injuries.
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