Can I still claim compensation if I was partly at fault for a pedestrian accident in Lakewood?
Yes, even if you were partly responsible for a pedestrian accident in Lakewood, you can still claim compensation under California's pure comparative negligence rule. This means a court will reduce the compensation you receive by the percentage of fault assigned to you. For example, if you were found 20% at fault, your damages would be reduced by 20%.California law permits recovery even if you share some blame for what happened. The law simply reduces the amount of compensation you can collect based on your percentage of fault. This contrasts with other states where being partially at fault could completely bar your claim.
Where do you file a pedestrian accident lawsuit in Los Angeles County?
A pedestrian accident lawsuit arising from an incident in Lakewood is generally filed in the Superior Court of California, County of Los Angeles. Specifically, the case would be assigned to the Governor George Deukmejian Courthouse, located at 275 Magnolia Ave, Long Beach, CA 90802. In Los Angeles County, a personal injury case is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department. This process is governed by LASC Local Rule 2.3 and the General Order regarding Assignment and Transfer of Personal Injury Cases, effective May 17, 2024.Confirming the precise courthouse for filing is always a step an attorney takes using the court's official locator before a claim is submitted. These rules aim to streamline the processing of personal injury cases within the large Los Angeles court system.
How long do you have to file a pedestrian accident claim in California?
Most California personal injury claims, including pedestrian accidents, must be filed within two years from the date of injury (California Code of Civil Procedure § 335.1). However, if your claim is against a city, county, or other public agency involved in the incident in Lakewood, you must present a written claim to that public entity within six months of the injury (California Government Code § 911.2). This six-month deadline is significantly shorter and is a strict requirement before you can even file a lawsuit.What you can recover depends on the specific facts. California law allows recovery for medical costs, lost earnings, and non-economic harm like pain and suffering. If the injured person was a minor, the general two-year deadline is paused during their minority (California Code of Civil Procedure § 352); however, this pause does not apply to the six-month deadline for claims against public entities. Always confirm the specific deadlines that apply to your situation with an attorney.
What steps should you take after a pedestrian accident in Lakewood?
Taking specific actions after a pedestrian accident helps protect your health and your potential legal rights. These steps create a record of what happened and ensure you receive proper care.- Seek immediate medical attention: Your health is the top priority. Even if you feel fine, some injuries might not be immediately apparent. A medical professional can diagnose injuries and create official records.
- Report the accident: Contact the local law enforcement agency, such as the Los Angeles County Sheriff's Department in Lakewood, to file an accident report. An official report documents the date, time, and circumstances of the incident.
- Gather information: If you can, collect contact information from the driver, including their name, phone number, insurance details, and vehicle license plate number. Also, get names and phone numbers of any witnesses.
- Document the scene: Take photos or videos of the accident scene, including vehicle damage, your injuries, street conditions, traffic signals, and any relevant surroundings.
- Avoid discussing fault: Do not admit fault or make statements about the accident to anyone other than law enforcement and your attorney. Avoid social media posts about the incident.
- Contact a personal injury attorney: Speak with a lawyer who handles pedestrian accident cases. An attorney can explain your rights, investigate the accident, and help you pursue compensation. This is general information, not legal advice for your specific situation.
What types of pedestrian accident cases do you handle?
Our firm focuses on pedestrian accident cases involving various circumstances in Lakewood and across Los Angeles. We help people injured in different types of incidents where a vehicle struck a pedestrian. These situations can include accidents at intersections, crosswalks, or when a vehicle turns into a pedestrian's path.Our work also extends to cases involving hit-and-run drivers where a pedestrian was injured, as well as accidents caused by distracted driving or drunk driving. We also assist families in tragic cases involving wrongful death following a pedestrian accident. While we primarily serve clients in Lakewood, our practice extends to nearby areas such as Paramount, Lawndale, and Pasadena. Additionally, we represent individuals who have suffered catastrophic injuries from pedestrian incidents, ensuring their long-term medical and financial needs are addressed. For those seeking help with a pedestrian accident claim, our firm is focused exclusively on personal injury and employment law.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means we handle the legal complexities of your pedestrian accident claim while you focus on recovery. Our process begins with a detailed review of your accident, your injuries, and the available evidence. We then determine the best legal strategy to pursue the full compensation available under California law.This includes gathering evidence, communicating with insurance companies, and negotiating on your behalf. If a fair settlement cannot be reached, we are prepared to take your case to court. We work to establish liability, prove the extent of your damages, and fight for your rights. Our goal is to secure the best possible outcome for your situation, ensuring all your accident-related losses are considered.
Frequently Asked Questions
What compensation can I recover after a Lakewood pedestrian accident?
After a pedestrian accident in Lakewood, you can recover various types of compensation, including economic damages for medical bills, lost wages, and future medical care, as well as non-economic damages for pain, suffering, and emotional distress. What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings, and non-economic harm.Does California law protect pedestrians at crosswalks?
California law provides specific protections for pedestrians at crosswalks, requiring drivers to yield the right-of-way to pedestrians within any marked or unmarked crosswalk. Drivers must also exercise due care for the safety of any pedestrian. Even if a pedestrian crosses outside a crosswalk, drivers still have a duty to avoid hitting them.What if the driver involved in my pedestrian accident had no insurance?
If the driver involved in your Lakewood pedestrian accident had no insurance, you might still have options for recovery through your own uninsured motorist (UM) coverage, if you carry it. Your UM policy could cover your medical expenses and other damages up to your policy limits. An attorney can review your insurance policies and explore all potential avenues for compensation.How long does a pedestrian accident lawsuit typically take in Los Angeles County?
The length of a pedestrian accident lawsuit in Los Angeles County can vary widely, from several months to a few years, depending on factors like the complexity of the case, the severity of injuries, and whether the case settles out of court or proceeds to trial. Cases filed in the Los Angeles Superior Court system, including those assigned to the Governor George Deukemjian Courthouse, move at different paces based on court caseloads and the specific details of the claim.If you've been injured in a pedestrian accident in Lakewood, you don't have to face the legal process alone. Contact Casa Legal Los Angeles today at 888-585-2529 for a free consultation. No attorney's fees or case costs unless we win.