How long do I have to file a personal injury claim after an incident in Pomona?
Most personal injury claims in Pomona must be filed within two years from the date of injury, according to California Code of Civil Procedure § 335.1. If your injury involves a public entity, like the City of Pomona or Los Angeles County, you generally have only six months to present a formal claim under California Government Code § 911.2.
Missing these deadlines can mean losing your right to seek compensation entirely, no matter how severe your injuries. The law includes some exceptions, but you should confirm them with an attorney for your specific situation.
What types of personal injury cases do we handle in Pomona?
Our firm represents people hurt in all types of incidents across Pomona. We help individuals recover after motorcycle accidents, car crashes, and truck collisions on roads like Holt Avenue or the 10 Freeway. We also represent families dealing with wrongful death claims and those who have suffered severe injuries, including traumatic brain injuries. If someone else's carelessness or intentional act caused you harm, California law provides avenues for recovery.
What should you do after an accident in Pomona?
- Seek Medical Attention: Your health is the first priority. Get a thorough medical examination, even if you feel fine right after the incident. Some injuries appear days or weeks later.
- Document Everything: If safe, take photos and videos of the scene, vehicle damage, your injuries, and any contributing factors. Get contact information for witnesses.
- Report the Incident: File a police report for vehicle accidents or notify property management for slip and fall incidents.
- Do Not Admit Fault: Avoid discussing the incident with insurance adjusters or signing anything until you speak with a lawyer.
- Contact a Personal Injury Attorney: An attorney protects your rights from the start, handles communication, and ensures deadlines are met.
Where is a personal injury claim from Pomona generally filed?
In Los Angeles County, a personal injury case arising from an incident in Pomona is filed in the judicial district where the incident occurred. Your case would generally be filed at the Superior Court of California, County of Los Angeles, Pomona Courthouse South, located at 400 Civic Center Plaza, Pomona, CA 91766. Once filed, it is assigned to that district's Personal Injury Hub department, as specified by LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases.
How long do you have to file your claim, and what can you recover?
Most personal injury claims in California must be filed within two years from the injury date (California Code of Civil Procedure § 335.1). If your injury is due to a public entity, like a city or county, you must present a formal claim within six months (California Government Code § 911.2). The deadline is generally paused while an injured person is a minor (CCP § 352), but that pause does not apply to claims against public entities.
California law allows recovery for several types of harm. This includes economic damages like medical bills, lost wages, and future earning capacity. It also includes non-economic damages for pain, suffering, disfigurement, and emotional distress. What a claim is worth depends on the specific facts. We pursue the full compensation available under California law for our clients.
What working with Casa Legal Los Angeles involves
When you work with Casa Legal Los Angeles, you get a team focused on your recovery. We take on the burden of dealing with insurance companies, gathering evidence, and preparing your case. We understand the specific rules for filing cases in Pomona's courts and will guide you through each step. Our goal is to secure the best possible outcome for your personal injury claim, allowing you to focus on healing. For more information on how we help people across Southern California, explore our personal injury law services.
Frequently Asked Questions
What if my accident in Pomona involved a city bus or public employee?
If your accident involved a public entity, such as a city bus, a county vehicle, or an employee of the City of Pomona or Los Angeles County, a special deadline applies. You typically have only six months from the date of the injury to present a formal written claim to that entity, as required by California Government Code § 911.2. Failing to file this claim within the six-month period usually bars you from pursuing a lawsuit, even though the general statute of limitations for personal injury is two years.
Can I still file a claim if I was partially at fault for the accident?
Yes, California follows a "pure comparative negligence" rule. This means you can still recover damages even if you were partially at fault for the incident. Your compensation would be reduced by your percentage of fault. For example, if you are found 20% responsible for an accident, you could still recover 80% of your total damages. Your portion of fault is a factual question that is decided based on all the evidence.
Do deadlines change for different types of injuries in Pomona?
The general two-year deadline for personal injury claims under California Code of Civil Procedure § 335.1 applies to most injuries, from broken bones to soft tissue damage. However, some specific types of cases have different deadlines. For instance, medical malpractice claims have their own timelines, which can be one year from discovery or three years from injury, whichever comes first (California Code of Civil Procedure § 340.5). Consulting an attorney promptly helps determine the exact deadline for your specific injury and circumstances.
How does California's Prop 213 affect my ability to recover damages?
California's Proposition 213 (Civil Code § 3333.4) can affect your ability to recover non-economic damages, such as pain and suffering. This law applies if you were uninsured at the time of a car accident, convicted of driving under the influence in the incident, or operating a vehicle without proper financial responsibility. It generally prevents these individuals from recovering non-economic damages. There are exceptions, such as if the other driver was convicted of DUI. This rule does not bar uninsured passengers from recovering non-economic damages.
A personal injury can turn your life upside down. At Casa Legal Los Angeles, we are committed to helping people in Pomona get back on their feet. Call 888-585-2529 for a consultation. No attorney's fees unless we win — and no case costs either.