How long do you have to file a pedestrian accident claim after getting hit in Burbank?
Most pedestrian accident claims in California must be filed within two years from the date of injury. This deadline comes from California Code of Civil Procedure (CCP) § 335.1.
However, if your accident involves a city, county, or any public agency in Burbank, you face a much shorter deadline. You must present a formal claim to the public entity within six months of the injury, as required by California Government Code (Gov. Code) § 911.2. Missing this six-month deadline usually means you lose your right to sue that public entity.
What kinds of cases do Burbank pedestrian accident lawyers handle?
Our pedestrian accident lawyers help people who have been hit by cars, trucks, motorcycles, and other vehicles while walking in Burbank. This includes incidents where a driver failed to yield, was distracted, speeding, or driving under the influence.
We also represent people injured because of unsafe conditions, such as poorly maintained crosswalks or sidewalks, which could involve a public entity. If you were hurt as a pedestrian in Los Angeles County, we can help you understand your rights and pursue the compensation available under California law.
What should you do after a pedestrian accident in Burbank?
- Seek immediate medical attention. Your health is the priority. Even if you feel fine, some injuries might not show symptoms right away.
- Report the accident. Call the police to the scene. A police report documents the incident and can be important evidence for your claim.
- Gather information safely. If you can, get the driver's contact and insurance information, and take photos of the scene, vehicle damage, and your injuries.
- Avoid discussing fault. Do not admit fault or make statements to insurance companies without speaking to a lawyer first.
- Contact a pedestrian accident attorney. A lawyer can protect your rights and handle communications with insurance companies, allowing you to focus on recovery.
Where do Burbank pedestrian accident claims get filed?
In Los Angeles County, a personal injury case arising from an incident in Burbank is generally filed in the judicial district where the incident occurred. Your case would be assigned to that district's Personal Injury Hub department.
For Burbank cases, this means your lawsuit will likely be heard at the Superior Court of California, County of Los Angeles, North Central District, at the Burbank Courthouse. The Burbank Courthouse is located at 300 E Olive Ave, Burbank, CA 91502. This filing rule follows LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024.
How long do you have to sue and what can you recover after a Burbank pedestrian accident?
You have two years to file most personal injury lawsuits in California, according to CCP § 335.1. This two-year period starts on the date of your injury.
A major exception exists for claims against government entities, such as the City of Burbank or Los Angeles County. If a public entity is involved, you must file a formal claim within six months of the injury under Gov. Code § 911.2. This six-month deadline is strict, and failing to meet it can bar your claim entirely.
The deadline is generally paused while an injured person is a minor (CCP § 352). However, that pause does not apply to claims against public entities.
What a claim is worth depends on the specific facts. California law allows recovery for economic harm like medical costs, lost earnings, and property damage. It also allows recovery for non-economic harm, which includes pain, suffering, disfigurement, and emotional distress.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means we handle all the legal complexities of your pedestrian accident claim. We investigate your accident, gather evidence, identify responsible parties, and calculate the full extent of your damages. Our team communicates with insurance companies, negotiates settlements, and represents you in court if a fair settlement cannot be reached. We are dedicated to pursuing the full compensation available under California law for our clients in Burbank and across Los Angeles, including those in Pasadena and Alhambra. If your injury resulted in a traumatic brain injury or another catastrophic injury, we have experience with those types of claims.
Frequently Asked Questions
What if the driver who hit me was uninsured?
If the driver who caused your pedestrian accident in Burbank was uninsured, you might still have options. Your own car insurance policy could include uninsured motorist (UM) coverage, which can cover your medical bills, lost wages, and other damages. We can help you check your policy and pursue a claim against your own insurer.
Can I still file a claim if I was partially at fault for the accident?
California follows a rule called pure comparative negligence. This means you can still recover damages even if you were partly at fault for the accident. Your compensation would be reduced by your percentage of fault. For example, if you are found 20% responsible, your total damages would be reduced by 20%. The law recognizes that accidents often have multiple contributing factors.
Do I have to go to court for a pedestrian accident claim?
Many pedestrian accident claims in Burbank settle out of court through negotiations with the at-fault party's insurance company. However, if a fair settlement cannot be reached, filing a lawsuit and going to court may be necessary to pursue the compensation you deserve. The decision to go to court is always made in consultation with you.
What if my pedestrian accident happened on city property in Burbank?
If your pedestrian accident occurred on property owned by the City of Burbank or another public entity, you must file a formal claim with that entity within six months of the accident date. This is a strict deadline under Gov. Code § 911.2. After the claim is filed and either accepted or rejected, you may then be able to proceed with a lawsuit. Claims against public entities require specific procedures that differ from claims against private individuals or companies.
A pedestrian accident can be a traumatic experience, leaving you with injuries, medical bills, and lost income. You do not have to face this alone. Call Casa Legal Los Angeles today at 888-585-2529 for a free consultation. No attorney's fees unless we win — and no case costs either.