Can I still file a catastrophic injury claim if I was partly at fault in Rancho Palos Verdes?
Yes, you can still pursue a catastrophic injury claim in Rancho Palos Verdes even if you share some responsibility for what happened. California follows a pure comparative negligence rule, which means your recovery may be reduced by your percentage of fault, but it is not eliminated (Li v. Yellow Cab Co.). Even if you were mostly at fault, you could still recover something.
Where do you file a catastrophic injury claim from Rancho Palos Verdes?
Catastrophic injury claims arising from incidents in Rancho Palos Verdes are generally filed in the Superior Court of California, County of Los Angeles. Under Los Angeles Superior Court Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases (effective May 17, 2024), personal injury cases are filed in the judicial district where the incident occurred. For Rancho Palos Verdes, this means your claim will likely be heard at the Torrance Courthouse, located at 825 Maple Ave, Torrance, CA 90503. This is the assigned Personal Injury Hub for the Southwest District.
How long do you have to file a catastrophic injury lawsuit in Rancho Palos Verdes?
For most catastrophic injury claims in Rancho Palos Verdes, you have two years from the date of injury to file a lawsuit (Cal. Code Civ. Proc. § 335.1). However, if your claim involves a city, county, or any other public entity, you must present a written claim to that entity within six months of the injury (Cal. Gov. Code § 911.2) before you can file a lawsuit. The deadline is generally paused while an injured person is a minor under CCP § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act.
Under California law, a catastrophic injury claim can recover for economic damages like past and future medical costs, lost earnings, and property damage. Non-economic damages, such as pain, suffering, disfigurement, and loss of enjoyment of life, are also recoverable. For a specific type of catastrophic injury, like a traumatic brain injury, understanding these damage categories becomes especially important. Learn more about what is recoverable on our main Los Angeles catastrophic injury attorney page.
What should you do next after a catastrophic injury?
After a catastrophic injury in Rancho Palos Verdes, taking specific steps can protect your rights and your ability to pursue a claim:
- Seek immediate medical attention. Your health is the priority. Get a thorough examination, even if you feel fine. Follow all medical advice and keep records of every visit, diagnosis, and treatment.
- Report the incident. If it was a vehicle crash, call the police. If it occurred on someone's property, report it to the owner or manager. Get a copy of the report if one is created.
- Gather evidence at the scene. If you can, take photos or videos of the scene, your injuries, vehicle damage, and any hazards that contributed to the incident. Get contact information from witnesses.
- Limit communication with insurance companies. The other party's insurance adjuster may contact you soon. Do not provide a recorded statement or sign any documents without speaking with an attorney. They represent the other side's interests, not yours.
- Consult with a Rancho Palos Verdes catastrophic injury attorney. A lawyer can help you understand your options, protect your rights, and handle communication with insurance adjusters. They can also explain the specific rules for cases in places like Carson or Calabasas, which might have different local nuances.
What kinds of cases does Casa Legal Los Angeles handle in Rancho Palos Verdes?
Our firm handles a wide range of catastrophic injury cases for residents of Rancho Palos Verdes. We represent individuals who have suffered life-altering injuries due to someone else's negligence. This includes serious injuries from car accidents, motorcycle crashes, truck collisions, and premises liability incidents. Catastrophic injuries often involve permanent damage, such as spinal cord injuries, severe burns, amputations, or significant traumatic brain injuries, which require extensive medical care and long-term support. We also assist with personal injury claims that may not be catastrophic but still have a profound impact on a person's life.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means having an advocate on your side who understands the complexities of catastrophic injury claims. We start by listening to your story and assessing the details of your incident. This includes investigating the cause, gathering evidence, and identifying all responsible parties. We will handle all communications with insurance companies and negotiate on your behalf to pursue the full compensation available under California law. Our goal is to alleviate the burden on you so you can focus on your recovery in Rancho Palos Verdes, while we pursue your legal claim. For example, our work is similar for clients in nearby cities like Alhambra or Camarillo, always tailored to the specific facts of each case.
Frequently Asked Questions
What is the deadline for a catastrophic injury lawsuit in Rancho Palos Verdes?
Most catastrophic injury lawsuits in Rancho Palos Verdes must be filed within two years of the injury, according to Cal. Code Civ. Proc. § 335.1. However, if a public entity like the City of Rancho Palos Verdes, Los Angeles County, or a state agency is involved, you have a much shorter deadline of six months to present a formal claim under Cal. Gov. Code § 911.2.
Do I have to go to court at the Torrance Courthouse?
Many catastrophic injury cases resolve through settlement negotiations and do not require a trial at the Torrance Courthouse. If a fair settlement cannot be reached, however, your case may proceed to litigation, and court appearances would then be necessary at the Southwest District's Personal Injury Hub.
Will my own negligence prevent me from recovering damages?
No, your own negligence does not prevent you from recovering damages in California. California uses a pure comparative negligence system, meaning your compensation may be reduced by the percentage of fault attributed to you, but you can still recover for the portion of damages caused by others.
What if the person who caused my injury doesn't have insurance?
If the at-fault party does not have insurance, or has insufficient coverage, you may still be able to recover damages through your own uninsured/underinsured motorist (UM/UIM) coverage, if you have it. Additionally, depending on the circumstances, there might be other parties responsible for your injuries, such as employers or property owners, who have their own insurance.
If you or a loved one has suffered a catastrophic injury in Rancho Palos Verdes, you need strong legal representation. Call Casa Legal Los Angeles today at 888-585-2529 for a consultation. No attorney's fees or case costs unless we win.