How long do I have to file a personal injury claim after an accident in Rolling Hills Estates?
Most personal injury claims in Rolling Hills Estates must be filed within two years of the injury date (Cal. Code Civ. Proc. § 335.1). However, if your injury involves a city, county, or other public agency, you generally have only six months to present a formal claim (Cal. Gov. Code § 911.2).
Missing these deadlines can mean losing your right to seek compensation entirely, so it is important to act quickly. Consulting with a personal injury attorney in Rolling Hills Estates helps you confirm the exact deadline for your specific situation.
What kinds of personal injury cases does Casa Legal Los Angeles handle?
Our law firm helps people in Rolling Hills Estates who have been hurt because of someone else's carelessness or wrongdoing. This includes various incidents, from everyday accidents to more serious situations.
For example, we represent clients injured in car accidents on Palos Verdes Drive North, or those hurt in slips and falls at a local business. We also assist people dealing with the aftermath of a pedestrian accident. Our focus is on getting you the financial recovery California law allows for medical bills, lost wages, and other harms.
What should I do after suffering a personal injury?
- Seek immediate medical attention. Your health is the priority. Get checked by a doctor, even if your injuries seem minor at first. This also creates an official record of your injuries.
- Report the incident. Whether it is a car crash, a slip and fall, or another type of incident, make sure it is officially reported to the police, property owner, or relevant authority.
- Gather information. Collect names and contact details of witnesses, take photos or videos of the scene, your injuries, and any property damage.
- Do not make recorded statements or sign anything. Insurance companies may try to get you to settle quickly or give a statement that could harm your claim. Speak with a personal injury lawyer before you talk to them.
- Contact a personal injury attorney. An attorney can advise you on your rights and help you understand your options. We can begin investigating your claim, handling communication with insurance companies, and working to build your case.
Where would a personal injury claim from Rolling Hills Estates be filed?
Personal injury cases arising in Rolling Hills Estates are generally filed in the Superior Court of California, County of Los Angeles. Specifically, cases are assigned to the Southwest District's Personal Injury Hub department.
The Torrance Courthouse, located at 825 Maple Ave, Torrance, CA 90503, handles these cases. Los Angeles County Local Rule 2.3 and a recent General Order (effective May 17, 2024) confirm that personal injury cases are heard in the judicial district where the incident occurred.
How long do you have to file a personal injury lawsuit, and what can you recover?
You typically have two years from the date of your injury to file a personal injury lawsuit in California (Cal. Code Civ. Proc. § 335.1). However, if a public entity like the City of Rolling Hills Estates, Los Angeles County, or a local transit agency caused your injury, you must first present a written claim within six months (Cal. Gov. Code § 911.2). If you were a minor when injured, the two-year deadline is generally paused (Cal. Code Civ. Proc. § 352), but this pause does not apply to the six-month deadline for claims against public entities.
California law allows for the recovery of various types of compensation. This can include economic damages such as medical expenses (past and future), lost wages, and property damage. Non-economic damages, like pain, suffering, disfigurement, and loss of enjoyment of life, are also recoverable. For instances involving the death of a loved one, a wrongful death claim can seek recovery for funeral expenses, loss of financial support, and loss of companionship.
What does working with Casa Legal Los Angeles involve?
Working with our firm means having dedicated advocates on your side through every step of your personal injury claim. We start by thoroughly investigating your accident in Rolling Hills Estates, gathering evidence, interviewing witnesses, and consulting with experts as needed. We handle all communications with insurance companies, making sure your rights are protected and you are not pressured into a low settlement.
Our team works to accurately assess your damages, including both your current losses and future needs. We aim to negotiate a full recovery for you, and if a fair settlement cannot be reached, we are prepared to take your case to court. We believe everyone deserves skilled legal representation, which is why we handle personal injury cases on a contingency basis.
Frequently Asked Questions
What if I was partly at fault for the accident?
California follows a pure comparative negligence rule (Li v. Yellow Cab Co., 1975). This means you can still recover damages even if you were partly to blame for an accident. Your compensation will be reduced by your percentage of fault. For example, if you were found 20% at fault for an accident in Rolling Hills Estates, you would receive 80% of your total damages.
Can I still file a claim if the at-fault driver does not have insurance?
Yes, you can often still recover compensation even if the other driver has no insurance. If you have uninsured motorist (UM) coverage on your own auto insurance policy, you can typically file a claim with your own insurance company. This coverage is designed to protect you in situations where the at-fault driver is uninsured or underinsured.
How does the six-month deadline for government claims work?
If your injury in Rolling Hills Estates involved a public entity, such as the city, county, or a public school, you must present a written claim to that specific entity within six months of the injury date (Cal. Gov. Code § 911.2). This is a strict deadline, and if you miss it, you generally lose your right to sue that public entity. An attorney can help you prepare and file this claim correctly.
Will I have to go to court for my personal injury case?
Most personal injury cases are resolved through negotiation and settlement outside of court. However, if the insurance company or responsible party refuses to offer a fair settlement, taking your case to court may be necessary to pursue the full compensation available under California law. Our goal is to achieve the best possible outcome for you, whether that is through settlement or trial.
If you or a loved one has been injured in Rolling Hills Estates, Casa Legal Los Angeles is ready to help. Call us today at 888-585-2529 to discuss your options. No attorney's fees or case costs unless we win.