California Statute of Limitations for Personal Injury Claims
According to the California Code of Civil Procedure section 335.1, the statute of limitations for personal injury cases in California is two years, so long as the injury was not caused by a government entity, in which case the claims statute can be as short as six months from the date of loss.
This means you have anywhere from six months to two years to protect your statute by giving proper notice and by filing the proper paperwork or you will lose your right to recover compensation. Because time is of the essence, you should immediately contact our office to discuss the specifics of your case and find out how our family can help you.
Recoverable Damages in a Personal Injury Claim
There are three categories of compensation, or damages, an injury victim can pursue when filing a personal injury claim. These categories are economic damages, non-economic damages and punitive damages. Economic damages are the damages that compensate for financial losses associated with suffering an injury. These losses can include past and future medical expenses or missed wages due to not being able to work. Non-economic damages, on the other hand, compensates the injured party for more intangible losses such as pain and suffering, or mental anguish.
Punitive damages are different from the first two categories. Instead of compensating the injured party for a loss they suffer they serve as financial punishment for the negligent party. Punitive damages are the least awarded of the three, being usually reserved for cases where a defendant knew they were acting negligently or dangerously and did so anyway.