California Insurance Requirements
Under California law, motorists are required to have minimum liability insurance with the following coverage limits:
- $15,000 for bodily injuries to one person per accident
- $30,000 for total bodily injuries to two or more persons per accident
- $5,000 for property damage in a single accident
State Laws Addressing
Personal Injury Claims
Here are some California laws addressing personal injury claims:
Statute of Limitations
According to the California Code of Civil Procedure Section 335.1, an injury claim arising from any type of auto accident must be commenced within two years of the date of the accident or injury.
California uses a "pure comparative negligence" system. Under this system, accident victims can seek compensation from any at-fault party, even if they were mostly or partially responsible for their injuries. The total amount that you may recover, however, will be reduced by your degree of fault.
For instance, if the judge or jury awards a total amount of $50,000 against the responsible party, but found you to be 20% at fault for the car accident, your damages will be reduced by $10,000. You will only receive 80% of the $50,000 ($40,000). Under California's pure comparative negligence rule, you may still recover damages even if you are determined to have been 99% responsible for your injuries.
Filing a Wrongful Death Claim
Wrongful death is a preventable death that was caused by the negligent, careless, or wrongful actions of another party. According to the California Code of Civil Procedure Section 335.1, an action to recover damages for the death of an individual caused by the wrongful act or neglect of someone else shall be commenced within two years of the date of the person's death.
Who Can File a Wrongful Death Claim?
Under California Code of Civil Procedure Section 337.60, any of the following parties may be eligible to file a wrongful death lawsuit against the at-fault party:
- The deceased person's spouse or domestic partner
- The decedent's children
- The grandchildren of any deceased child of the decedent
How an Experienced Attorney Can Help
Being in a car accident can be devastating and affect your mental, physical, and financial health. You don't have to face these challenges all by yourself. When you're hurt in a car accident, hiring an experienced personal injury attorney is crucial to protect your rights and help you seek rightful compensation.
At The Winter Law Group, we have the resources and experience to help you hold the responsible parties accountable for your injuries. As your legal counsel, we can review all the details of your situation, conduct an in-depth, private investigation, seek to prove fault, and estimate case value. We will gather the required evidence and take appropriate legal action.
Using our knowledge of the laws addressing liability in personal injury cases, we can guide you through every phase of the legal proceedings. Never put your fate in the hands of insurance providers that won't protect your best interest. Our team can fight diligently on your side to protect your legal rights, look out for your best interests, and help you pursue fair financial compensation for your injuries.