California Insurance Requirements
Under California laws, drivers are required to have a minimum liability insurance coverage of:
- $15,000 for bodily injuries to one person in a single accident
- $30,000 for total bodily injuries to two or more people in a single accident
- $5,000 for property damage in a single accident
State Laws Addressing
Personal Injury Claims
There are a number of California laws that are designed to legislate personal injury claims. Some of the most notable include the following:
Statute of Limitations
Under California law, an injury claim arising from any type of car accident must be filed within two years from the date the injury or accident occurred (California Code of Civil Procedure section 335.1).
Comparative Fault State
California operates under the "pure comparative negligence" rule. This means that accident victims are allowed to pursue compensation even if they were partially or mostly at fault for the accident. However, the total damages that may be recovered will be reduced to account for the level of fault they are assigned for the accident.
For example, if you are in an accident and are awarded $100,000 in damages, but the judge finds you to be 25% responsible for the car accident, your damages will be reduced by 25%. This means that you will only be eligible to receive $75,000 from the initial $100,000 that you were awarded in the settlement. It is important to note that, unlike many other states, California does allow for you to pursue damages if you are found to be more than 50% responsible for the accident.
Filing a Wrongful Death Claim
Wrongful death can be defined as any death that was caused by the wrongful or negligent actions of another person. According to the California Code of Civil Procedure section 335.1, “an action for the death of an individual caused by the wrongful act or neglect of another shall be commenced within two years from the date of the person's death.”
Who Can File a Wrongful Death Claim?
According to California's wrongful death statute, any of the following individuals can file a wrongful death lawsuit in civil courts against the at-fault party (California Code of Civil Procedure section 337.60):
- The surviving spouse or domestic partner of the deceased person
- The surviving children of the deceased person
- The grandchildren of any deceased child of the decedent
How Your Personal Injury
Attorney Can Help
Auto accidents that result in severe injuries oftentimes have long-lasting consequences on the victim's lives and their loved ones. A severe traffic crash can affect you financially, mentally, and physically. Luckily, you don't have to face these challenges on your own. If you've been involved in a car crash, it is imperative that you contact an experienced personal injury attorney so that you can have someone in your corner to protect your rights and help you pursue your rightful compensation.
At Fitzgerald Law, I've devoted my entire career to handling personal injury cases and advocating for car accident victims and their families. As your legal counsel, I can help:
- Hold any liable negligent parties accountable
- Review all the details of your case and conduct a comprehensive, private investigation
- Gather every necessary piece of evidence and all required documentation
- Seek to prove fault and establish liability
- Determine the full extent of your injuries and losses and estimate case-value
- Negotiate a fair settlement with the insurance company
- If necessary, file a personal injury or wrongful death lawsuit
I will fight vigorously to protect your rights and represent your best interests. With an experienced attorney on your side, you can rest easy knowing your case is in good hands. Call or reach out to my firm today to get the help you need.