Being injured can have long-lasting effects that far surpass physical pain and damage. Some injuries may cause serious emotional or mental trauma that significantly impacts your day-to-day life. Because of the pain you experience, you may be eager to make a claim against the at-fault party. There are explicit laws that answer the question, “How long after an accident can you sue for personal injury in California?”
If you are injured at work or in an accident, you should hire an experienced Sacramento personal injury law firm to help you. Our lawyers at The Ward Firm are compassionate, skilled, and offer personalized attention to each and every client. We will advocate for you tirelessly, ensuring you receive the compensation you deserve.
What Are the Types of Personal Injuries?
A personal injury is harm sustained by another party’s intentional or accidental negligence. There are many types of accidents that cause personal injuries. Car accidents are some of the most common. In fact, in 2020, the California Highway Patrol reported 143,476 motor vehicle crash injuries. Injuries from motor vehicle accidents may involve head and neck injuries, spinal cord injuries, broken bones, severe burns, and other injuries. Other types of personal injuries include:
- Workplace accidents. In 2023, there were 680,152 workers’ compensation claims in California. Workplace injuries may come in the form of slip and fall accidents, construction accidents, transportation accidents, being struck by objects or equipment, repetitive movements, toxic chemicals, or workplace violence.
- Slip and fall accidents. Slip and fall accidents can be due to another person’s negligence, which may include neglecting to clean up a spill or remove a barrier. Slip and fall accidents can cause debilitating injuries.
- Medical malpractice. Medical malpractice happens when a doctor or healthcare provider neglects to perform a certain standard of care. As a result of a misdiagnosis, improper medication administration, surgical errors, or errors in reading a patient’s chart, injuries can occur.
- Dog bites. Dog owners are responsible for providing basic care for their pets, but they are also responsible for keeping others safe from their dogs. If you suffer a dog bite, you may have a personal injury claim.
- Emotional distress. If someone intentionally inflicts emotional pain or distress upon you, this may be a form of personal injury. Examples include harassment, threats, or unwanted physical contact. You should speak to your lawyer about California’s Intentional Infliction of Emotional Distress (IIED) tort for more information.
If you think any of this applies to your situation, contact The Ward Firm today. We are interested in learning about your circumstances and can assist you in understanding the California laws that may apply to your claim.
When Can You Make a Personal Injury Claim
Certain criteria must be met to prove personal injury claims and receive compensation. Generally, you must prove negligence, which has four main parts:
- A duty of care
- A breach of this duty
- The breach caused an injury
- The injury caused damage
If you can prove the causal relationship between your injuries and another party’s negligence, you should contact an experienced personal injury lawyer to help you recover economic damages such as loss of wages, medical bills, and property damage, as well as non-economic damages like pain and suffering. However, there is a time limit for when you can make a claim in California. Personal injury claims are generally heard in California’s Superior Courts.
In California, the statute of limitations for making a personal injury claim is within 2 years of the accident. After this time period, you may not be able to make your claim, so it is important to act fast. During the two years, you should consult with an experienced personal injury attorney, who can assist you in documenting the accident and gathering the evidence to prove your claim. Waiting could mean the difference between receiving a considerable settlement and receiving nothing at all.
FAQs
Q: How Long After a Car Accident Can You Claim Injury in California?
A: The amount of time after a car accident you can claim injury in California is the same as the time period for making a claim for other injuries. In California, the statute of limitations for personal injury claims is 2 years from the injury. You should consult with your lawyer to discuss specific dates, as the date of your accident may be different from the date of your injuries in some cases.
Q: What Can You Make a Claim for in a Personal Injury Case?
A: If you sustain a personal injury, you can recover a range of damages. Sometimes these damages are economic or monetary, and other times they are not. Specifically, you may be able to recover for medical bills, loss of wages, property damage, or pain and suffering. The amount you can recover depends largely on the extent of your injuries.
Q: What Is the Criteria for a Personal Injury in California?
A: To be considered a personal injury in California, certain criteria must be met. First, there must be a duty of care, then there must be a breach of said duty, the breach must have caused injuries, and the injuries must have caused damages. You must be able to prove this with evidence and documentation for the optimal chances of success.
Q: What Are the Odds of Winning a Personal Injury Lawsuit?
A: The odds of success in a personal injury lawsuit or claim in California are different for each client. Generally, though, the strength of your evidence and ability to prove a breach of duty of care may go a long way toward your claim. Examples of evidence include pictures and descriptions of your injuries, a clear timeline and record of the events leading to your injuries, medical bills, and other documentation.
Consult with a Skilled Personal Injury Lawyer Today
At The Ward Firm, we take your injuries seriously. We have a record of success helping clients in the Sacramento and surrounding area recover damages from their injuries, and we are ready to assist you, too. Contact us today for a consultation so we can learn about your case.
