Even if you have undeniable proof that someone else is responsible for causing an injury to you, you might not be able to receive financial compensation automatically. As frustrating as this can feel, certain factors in California can get in the way of your personal injury claim – some of which might prevent you from recovering any money at all.
Missing the deadline
For most personal injury claims, California has a two-year time limit starting from the date you received the injury. The state has strict filing deadlines:
- Most personal injury claims: You generally have two years from the date of incident to file a claim.
- Claims against the state or public entities: You often have six months from the date of incident to file an administrative claim before you can sue, but deadlines vary depending on the entity.
Keep in mind that if you do not file your claim within the deadline, your case may be subject to dismissal. This can happen even if evidence clearly shows another party was at fault for your injury.
Being partially at fault for an accident
Another problem that can affect how much you can recover in a personal injury claim is if the court deems that you were partially at fault for the incident. California uses pure comparative negligence, which refers to the rule that the court can reduce your recovery by your percentage of fault.
For example, if you are 20% responsible for an accident, the court reduces your award by 20%. To reduce how much money they owe you, insurers may try to claim that you were not paying attention or ignoring warnings.
Because of this, gathering evidence that can disprove these accusations can strengthen your claim. This often includes videos and photographs of the scene, statements from witnesses and police reports.
Having gaps in medical care
If there are any delays in your medical treatment, long gaps in your health care or any signs of inconsistency in your reports, insurers can argue your injury is not related to the incident. When this happens, they may try to deny that an accident is related to your condition, weakening your claim.
Medical evidence such as emergency room records, notes and observations from doctors and documents from follow-up treatments can prove the correlation between the incident and your injuries.
Be prepared: How strong evidence can protect your claim
The key to defending your personal injury claim is gathering the right evidence. Proof can help you establish the severity of your injuries, their correlation to an incident and how much insurers will need to pay you.
Receiving an injury and recovering from it can be an emotionally and physically taxing affair, especially when costly medical treatment is involved. By protecting your claim, you can increase the likelihood of receiving financial compensation, which can make up for repair costs, hospital bills and lost wages. This way, you can focus on getting better with a clearer mind and a lot less stress.
