orange county fatality

How Does a ‘Statute of Limitations’ Affect Your Injury Claim?

The 'Statute of Limitations' language can be confusing to non-lawyers (and even lawyers!). Make sure you've got accurate information regarding the time constraints of your California injury case.

The 'Statute of Limitations' language can be confusing to non-lawyers (and even lawyers!). Make sure you've got accurate information regarding the time constraints of your California injury case.

The law is full of terms and phrases that can be confusing to people unfamiliar with their meaning and significance. One such term is the ‘statute of limitations’ that limits a plaintiff’s ability to recover a financial settlement or reward for their injury. In the state of California, if you were injured by the negligence of another person, you must either file a lawsuit against the negligible (at-fault) party, or settle your case, within two-years in most cases.

Receiving the proper medical treatment for a car crash injury can often take you past the two-year mark. What then? In short, talk to an attorney: you have options.

Receiving the proper medical treatment for a car crash injury can often take you past the two-year mark. What then? In short, talk to an attorney: you have options.

The Two-Year Mark

If you were involved in a car crash in which you were injured by another person, you generally have two years to either resolve the claim amicably (settlement), or file a lawsuit. This applies to most general negligence claims when two private citizens or corporations are involved. The California courts are exact in their approach to the statutory limit: two years means two years, not two years plus one day. Do not rely on your own charisma, or exceptional circumstances, or any reason whatsoever for failing to file your claim, or resolve your claim, within the applicable statute of limitations. Judges and insurance companies will not be lenient and make an exception for your case. It does not matter if you travel for work, gave birth, lost the phone number, or are a NASA astronaut and traveled to the moon! The statute of limitations is rigid. Don't miss it!

What to do if you're not back to full health, but the statute of limitations is approaching? Talk to an injury lawyer. The law provides for you, but it isn't straightforward. 

What to do if you're not back to full health, but the statute of limitations is approaching? Talk to an injury lawyer. The law provides for you, but it isn't straightforward. 

What About Settling Your Injury Claim?

Also, if you consider your injury claim more or less settled, you still have to provide the insurance carrier a signed release prior to the two year deadline. If you've talked with an insurance adjuster and have basically agreed on a number, but haven't signed a release, or there are other parties that must sign the release in addition to you, you're not safe in the sense that you can expect the insurance company to pay. Most injury attorneys in California will advise you to sign all necessary documents (in the case of settlement), at least a few weeks before the statute of limitations approaches in order to avoid surprise.

You're supposed to be put back to the place in health and finances that you were before the injury. If you're not there, what can you do to "get back?" Start with calling a good lawyer.

You're supposed to be put back to the place in health and finances that you were before the injury. If you're not there, what can you do to "get back?" Start with calling a good lawyer.

What About Public Entities?

If, however, you were injured by what is called a 'public entity,' such as a school bus, or a metro bus, or any other government-owned entity, your statute of limitations is significantly less. In California, you have just six months to assert your claim to the proper entity. This can be confusing, as you are bound by a rigid timeline, but it isn't clear how to proceed with your claim in most situations. A law firm that focuses or specializes in personal injury cases may be a good point of contact to answer your questions and point you in the right direction.

For example, if you were injured by a Metro bus in Los Angeles, there is a claims process that the injured party must initiate prior to the six month mark. Because there are a lot of people injured by buses due to the large volume of its fleet and riders, the process for a bus claim is not as tricky as, say, a claim against a charter school, or a park that you're not sure if it is a city park or not. The six month mark is general, and there are exceptions. From there, the government has forty-five (45) days to respond to your claim. In most situations, you have six months to file a lawsuit from the date of receiving the government's rejection of your claim in the mail. Again, this is a general timeline aimed at giving some helpful information, but the details can be complicated, and it is advisable that you seek the counsel of a reputable attorney if you have any questions regarding how the statute of limitations may affect your claim.

Basic California Car Crash Injury Claims

In most car accident crashes, which account for the majority of personal injury claims in California, the process is fairly straightforward, and there are few surprises. This is of course according to a law firm that focuses entirely on injury cases - if you are trying to handle the settlement or litigation of your injury case by yourself, then you should expect the process to be frustrating, confusing, and not at all straightforward. However, as car crash lawyers handle these cases every day, year after year, there are rarely surprises. This is one reason why personal injury attorneys are often consulted by people who are not sure whether they have a claim, how they should proceed, and don't know whether they can afford a lawyer. The good news is most personal injury lawyers in Orange County and Los Angeles county offer free consultations or case reviews, and they almost all work on a contingency basis, meaning there is no out of pocket expense to the client. The attorney collects a percentage of the total settlement as his or her fee, so the injured person does not have to pay for anything up front.

This Blog Post is Not Legal Counsel

Don't sleep on the statute - if you miss it in California, there really isn't a way around it! Judges will not be "lenient."

Don't sleep on the statute - if you miss it in California, there really isn't a way around it! Judges will not be "lenient."

This blog post is meant to inform, but not give a comprehensive legal analysis or provide information upon which you should base your decisions on how to pursue your legal claim. Each injury claim is unique, and your claim may get confusing or tricky fast - such as when several cars are involved, and when one of the cars is a public bus, for example. The most important thing to remember is you don't have forever to decide whether you want to file a claim against the at-fault person. Most injury lawyers would advise that it is always helpful for someone unsure about how the statute of limitations affects their case to talk with a personal injury lawyer who handles California cases. 

This blog post was written for basic information purposes only by  The Lions Injury Lawyers, P.C.   The Lions  practice personal injury law in Southern California and  represent clients  throughout the state of California. The content contained herein is not formal legal advise, and should not be relied upon as you decide how to move forward with your injury claim. You are advised to seek the formal legal opinion of a lawyer to discuss the details of your injury claim.

This blog post was written for basic information purposes only by The Lions Injury Lawyers, P.C. The Lions practice personal injury law in Southern California and represent clients throughout the state of California. The content contained herein is not formal legal advise, and should not be relied upon as you decide how to move forward with your injury claim. You are advised to seek the formal legal opinion of a lawyer to discuss the details of your injury claim.

The 100 Deadliest Days: What You Should Know

The period between Memorial Day and Labor Day has become known by many people as the 100 Deadliest Days due to the number of traffic fatalities during this time. Many news outlets have reported on the issue in the last week, including most local California television networks and several California newspapers. While the '100 Deadliest Days' name is catchy and memorable, not everyone knows what it means.

Parents are the key to helping teens develop safe driving habits and setting easy to remember rules and guidelines.

Parents are the key to helping teens develop safe driving habits and setting easy to remember rules and guidelines.

AAA Research & Tracking

AAA is known for its roadside assistance program and auto insurance, but it is also a leader in tracking travel data. According to the company, more than 1,050 people were killed in car crashes that involved teenage drivers in the year 2016 during this period. The company also mentions several factors that affect the uptick in traffic deaths during this time, including nighttime driving, speeding, and distracted driving.

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Nighttime Driving

Teenagers drive a lot at night during this time period due to their changed social schedules, as school is out and many teenagers spend more time with their peers at night. Driving at night in urban areas, such as around sporting stadiums, bars, dance clubs, and other places where young people like to socialize brings with it additional possible dangers. For example, many of these activities including alcohol as part of the social activity - consider how many people have had a few drinks and then get in their car after a basketball or baseball game! Your teen shares the road with them, and teenagers should be aware of their surrounding drivers more so at night than any other time.

Nighttime driving also includes drivers who are making long passages and road trips. The drivers may be heading to or from vacation, and the longer we drive, the less attentive we can be. This includes drivers returning home from college, or visiting friends and family on the weekend from their jobs. Many car accidents in California's big cities, such as Los Angeles, San Francisco, and the Orange County metro area, involve people who work there and are trying to get home. Young drivers should know that these cities have especially high number of car accidents in the summer months.

Parents should note that it is not just in the late hours of the night (more appropriately, the early morning hours of the next day) when crashes happen. A recent study shows that more crashes involving teens actually happen before midnight.

Speeding

During social outings, teens are more likely to speed with friends in the car, or if they are hurrying to get somewhere to meet up with their friends. While it may be perceived to be an issue with young male drivers only, the reality is that anyone speeding excessively presents a hazard to themselves and to those people around them. Several fatal car crashes in recent years have occurred on roads where the public tends to drive fast, such as the 73 toll road that cuts through Orange County, or several backcountry roads in the Riverside and San Bernardino area. These roads are, at some times, seemingly empty, which gives some drivers the perception that driving fast is OK. Tragically, you don't need to crash into another vehicle, or have another car hit you, to be injured in a car accident. As has been the case in these specific areas, the roads are empty and drivers drive too fast, not aware of how their car operates at high speed. Add to the mix alcohol, nighttime driving, drowsy or distracted driving, and you have a recipe for disaster. 

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Young drivers should know that speeding is not only dangerous when they are trying to steer around other vehicles, but can also be fatal when you're the only one on the road. Speed also tends to be involved with many fatal motorcycle accidents, which also happen at a higher frequency during this time period.

Distracted Driving

Much attention has been given to the affect of distracted driving due to cell phone use lately, but cell phones are not the only cause of distracted driving. When it comes to teenagers, too many friends in the car is a bad thing, and every summer there are tragic crashes that injury and kill young people driving together. While carpooling is encouraged by many due to the benefits of reduced emissions into the environment, parents of teenagers should know their teen's social habits and advise accordingly. Some teenagers are better equipped emotionally to drive when they have their friends in the car. Sometimes it may be safer to be driving alone and meet your group at the destination, rather than risk being distracted by rowdy passengers.

Lyft and Uber have added another option to the mix, making it possible for passengers to ride together, but cutting out the need for any of the teens to drive. This option, it should be noted, is not fool-proof, as Lyft and Uber drivers can be distracted as well, and the news has been full of stories where drivers are distracted by their young passengers and have to insist on better behavior in the back seat. Your teen should know that it is important to keep the volume of his or her voice down if driving in a hired car, as the driver needs to be able to concentrate on driving.

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Talk To Your Teenager

As a parent, you are key to helping your teenager drive safely. Teenagers should know that their parents care, and that their parents have given them specific, easy to understand and remember rules regarding driving during the summer months. First, they should know that there are dangers and hazards they cannot control, but may be able to avoid. They should know that if they are involved in a car crash and are injured, they should not worry about money, but should go to the hospital or doctor and get the care they need. Teenagers should know that there are more car crashes this time of year, and there are a lot of intoxicated drivers, distracted drivers, and just plain more drivers in general on the roads during the 100 deadliest days.