If you have been hurt in an accident, you might be wondering if you have a case to bring. You would probably have a case if someone else's negligence or recklessness was to blame for the accident. It's not always that easy, though.
Call The Law Offices of Larry H. Parker at 800-333-0000 to schedule a free consultation to determine for sure whether your case is one that should be pursued. We can discuss your circumstances and inform you of your legal choices. Otherwise, continue reading for three queries to ponder if you're thinking about bringing a case.
When was the accident?
If you've ever watched a TV police drama, you're probably familiar with the concept of the statute of limitations. It essentially establishes a deadline for bringing a personal injury claim. This prevents someone from suing you for something you did thirty years ago. Most injuries in California have a two-year statute of limitations. If the accident happened earlier than that, you might not be able to file a lawsuit.
There are numerous exceptions that could lengthen or shorten this statute. For instance, you only have six months if you're suing a government agency. In some circumstances, the statute of limitations might be changed to start not at the scene of the accident but rather at the moment you realized you were hurt.
For instance, if you were involved in a car accident and sustained brain damage that didn't manifest right away and you learned about it three years later, it's feasible that the statute of limitations may be changed to begin on the day you learned about the injury. You should be aware that this is a highly challenging circumstance because you would also need to demonstrate that the injury could be related to a three-year-old accident.
Who is to blame?
When you file a personal injury lawsuit, it's usual for the defendant to counterclaim that you were at blame for the incident. The good news is that you can still have a case in California even if you contributed to some of the accident's liability. Your compensation would be lessened by the percentage of blame that was assigned to you. For instance, your award would be reduced by 10% to $900,000 if a jury deemed you 10% at fault despite awarding you $1 million.
What are your injuries?
Your options may depend on the nature of the damage. You might have a case, but it might not be worthwhile to pursue it, for instance, if a dog bit you but did not pierce your skin. However, you might have a greater case if the same dog bite led to stitches, forced you to miss work, or resulted in additional long-term costs. Call The Law Offices of Larry H. Parker at 800-333-0000 right now to learn for sure what your options are.