Is the other driver always at fault when a car accident happens in Maywood?
No, the other driver is not always entirely at fault when a car accident happens in Maywood. California uses a pure comparative negligence system, which means multiple parties can share fault for a collision.
If you bear some responsibility for an accident, your financial recovery will be reduced by your percentage of fault. For example, if a jury decides you were 20% at fault, you would receive 80% of your total damages.
What types of personal injury cases does this cover in Maywood?
Personal injury law addresses harm caused by someone else's carelessness or intentional acts. In Maywood, this covers many situations where you suffer physical, emotional, or financial damage due to another party's actions.
These cases can include car accidents, such as those that might happen on Atlantic Boulevard or Slauson Avenue, motorcycle accidents, and truck collisions. If you were hurt as a pedestrian or a cyclist, those injuries also fall under personal injury claims. We also help people affected by dog bites, slip and fall incidents, and severe injuries like traumatic brain injuries.
How long do you have to file a personal injury claim in Los Angeles County, and what can you recover?
Most California personal injury claims must be filed within two years (Cal. Code Civ. Proc. § 335.1) from the date of the injury. However, a claim against a city, county, or public agency, such as a local transit authority, must be presented within six months (Cal. Gov. Code § 911.2) of the incident.
The deadline is generally paused while an injured person is a minor (Cal. Code Civ. Proc. § 352), but that pause does not apply to claims against public entities. Confirming the specific deadline for your case with an attorney is always important.
California law allows for recovery of various losses after an injury. You can pursue compensation for medical bills, including future medical care, lost wages, and loss of future earning capacity. You can also claim non-economic damages for pain, suffering, disfigurement, and loss of enjoyment of life. The specific value of a claim depends entirely on its unique facts.
What should you do after an injury in Maywood?
- Get Medical Attention: Seek immediate medical care for your injuries, even if they seem minor. Follow all medical advice and keep records of your treatment.
- Report the Incident: For car accidents, call the police. For other incidents, report it to the property owner or manager. This creates an official record of what happened.
- Document Everything: Take photos or videos of the accident scene, your injuries, vehicle damage, and anything that contributed to the incident. Collect contact information for witnesses.
- Avoid Discussing Fault: Do not admit fault or discuss the details of the accident with anyone other than medical professionals and your attorney. Be cautious when speaking with insurance adjusters.
- Contact an Attorney: Speak with a personal injury attorney as soon as possible. They can help you understand your rights, protect your claim, and manage communication with insurance companies. If you were injured in a Maywood car accident, an attorney can help you understand how to proceed.
Where is a personal injury case from Maywood filed?
In Los Angeles County, a personal injury case is generally filed in the judicial district where the incident occurred. For an incident in Maywood, your case will be assigned to the Central District's Personal Injury Hub department (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024).
The Los Angeles County Superior Court operates the Stanley Mosk Courthouse at 111 N Hill St, Los Angeles, CA 90012, which handles many personal injury cases for the region. While many cases go to the Stanley Mosk Courthouse, you should always confirm the precise filing courthouse on the court's official locator for your specific situation.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, you get a dedicated team handling the details of your personal injury claim. We investigate your case, gather evidence, and communicate with insurance companies on your behalf.
We work to secure the compensation available to you under California law, covering medical costs, lost wages, and non-economic harm. Our attorneys focus on personal injury and employment law, which means we bring specific knowledge to your case. We aim to ease your burden during a difficult time so you can focus on recovery while we manage the legal process. You can learn more about our firm's approach to personal injury law.
Frequently Asked Questions
What is "comparative negligence" in California?
California operates under a "pure comparative negligence" system. This means that if you are partially at fault for an accident, your compensation will be reduced by your percentage of fault. For example, if you are found 10% responsible for an accident in Maywood, you would recover 90% of your total damages.
How does a claim against a public entity in Maywood differ from other personal injury claims?
A personal injury claim against a public entity, like the City of Maywood, Los Angeles County, or a state agency, has a much shorter deadline. You must present a formal claim to the entity within six months of the injury (Cal. Gov. Code § 911.2), whereas most other personal injury claims have a two-year deadline. This six-month deadline is strict and has fewer exceptions.
Can I still get compensation if I was uninsured during a car accident in Maywood?
If you were the uninsured owner of a vehicle involved in an accident, California's Proposition 213 (Cal. Civ. Code § 3333.4) generally bars you from recovering non-economic damages, such as pain and suffering. You can still recover economic damages like medical expenses and lost wages. However, this rule does not apply if the other driver was convicted of DUI in the incident.
What if my injury claim involves a minor in Maywood?
For most personal injury claims, the deadline is generally paused while the injured person is a minor (Cal. Code Civ. Proc. § 352). This means the minor typically has more time to file a lawsuit after they turn 18. However, this tolling does not apply to the strict six-month deadline for claims against public entities. An attorney can explain how these rules apply to a minor's injury case.
If you've been injured in Maywood or anywhere in Los Angeles County, contact Casa Legal Los Angeles today for a consultation. Call us at 888-585-2529. No attorney's fees or case costs unless we win.