How long do I have to file a lawsuit after a pedestrian accident in Temple City?
Most pedestrian accident claims in Temple City must be filed within two years from the date of injury, according to California Code of Civil Procedure § 335.1. However, if your claim involves a public entity like the City of Temple City or Los Angeles County, you must present a written claim within six months (California Government Code § 911.2).
Missing these deadlines means you lose your right to pursue compensation, so confirming the specific timeline for your situation quickly matters. Deadlines have exceptions and you must confirm what applies to your own facts with an attorney.
What kinds of damages do these claims cover in Temple City?
A pedestrian accident claim in Temple City seeks to recover compensation for all losses caused by someone else's negligence. This includes your medical bills, from emergency care to physical therapy and future treatments.
You can also pursue lost earnings if your injuries kept you from working, as well as loss of future earning capacity if your ability to work is permanently affected. California law also allows recovery for non-economic harm, which includes pain, suffering, and emotional distress caused by the accident.
What should I do after a pedestrian accident?
- Seek Medical Attention: Your health is the priority. Get immediate medical care, even if you feel fine, as some injuries may not be immediately apparent. Keep records of all doctor visits and treatments.
- Report the Accident: If not already done, report the accident to the Temple City Sheriff's Department or appropriate law enforcement agency. A police report documents basic facts about the incident.
- Gather Information: If possible, collect contact and insurance information from any drivers involved. Get names and phone numbers of witnesses. Take photos of the accident scene, vehicle damage, your injuries, and any contributing factors like poor lighting or road conditions.
- Do Not Discuss Fault: Avoid discussing the accident with anyone other than law enforcement or your attorney. Do not admit fault or make statements that could be used against you later.
- Contact an Attorney: Speak with a lawyer who handles pedestrian accidents in Los Angeles County. They can help you understand your rights and the steps needed to protect your claim. For a free consultation, you can call us at 888-585-2529.
Where do I file a pedestrian accident lawsuit in Los Angeles County?
In Los Angeles County, a personal injury case arising from an incident in Temple City is generally filed in the judicial district where the incident occurred. According to Los Angeles Superior Court Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, your case will be assigned to the Northeast District's Personal Injury Hub department.
This means your lawsuit would typically be filed at the Pasadena Courthouse, located at 300 E Walnut St, Pasadena, CA 91101. However, catchment boundaries can change, so it's always wise to confirm the specific filing courthouse using the court's official locator for your particular situation.
What deadlines apply to my pedestrian accident claim?
Most personal injury and wrongful death claims, including those from pedestrian accidents, must be filed within two years of the injury date (California Code of Civil Procedure § 335.1). However, if your injury was caused by a public entity, such as a city, county, or transit agency, you must first present a formal written claim to that entity within six months of the incident (California Government Code § 911.2).
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 under the Government Claims Act (CCP § 352(b)). What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings, and non-economic harm.
What happens when I work with Casa Legal Los Angeles?
When you choose Casa Legal Los Angeles for your pedestrian accident claim, you get a team focused solely on personal injury and employment law. We begin by listening to your story, understanding the full impact of the accident on your life. We then investigate thoroughly, gathering evidence, police reports, medical records, and witness statements.
Our firm handles all communication with insurance companies, protecting you from tactics designed to minimize your claim. We pursue the full compensation available under California law, whether through negotiation or, if necessary, by taking your case to court. We keep you informed and empowered throughout the process, fighting for your right to recover.
Frequently Asked Questions
What if I was partially at fault for the accident?
California follows a pure comparative negligence rule, which means you can still recover damages even if you were partly to blame for the pedestrian accident. Your compensation will be reduced by your percentage of fault. For example, if you are found 20% responsible, your total damages would be reduced by 20%.
Can I still get compensation if I don't have health insurance?
Yes, you can still pursue compensation even if you do not have health insurance. Your medical bills can be covered as part of your damages, and we can help you find medical providers who will treat you on a lien basis, meaning they get paid directly from your settlement or judgment.
How long does it take to settle a pedestrian accident case in Temple City?
The time it takes to resolve a pedestrian accident case varies greatly depending on its complexity, the severity of your injuries, and the willingness of the other side to negotiate fairly. Some cases settle in a few months, while others, particularly those involving extensive injuries or disputes over fault, can take a year or more. Many factors specific to your individual case influence the timeline.
What if the driver who hit me was uninsured?
If the driver who hit you was uninsured, you might still have options for recovery. If you have uninsured motorist (UM) coverage on your own auto insurance policy, you can typically make a claim through your own insurance company. Additionally, California Civil Code § 3333.4 states that an uninsured pedestrian is not barred from recovering non-economic damages from a negligent driver. You can read more about options for uninsured drivers on our Los Angeles pedestrian accident attorney hub.
A pedestrian accident can turn your life upside down. While you focus on healing, let Casa Legal Los Angeles handle the legal burdens. We are here to help Temple City residents understand their rights and fight for the compensation they deserve. Call us at 888-585-2529 for a free consultation. No attorney's fees or case costs unless we win.