Top 5 Myths About Personal Injury Claims in California
Your world may be turned upside down when you’re injured in an accident that wasn’t your fault. Beyond the physical pain, there are emotional and financial consequences you didn’t expect. You do have rights under California law, but there’s a lot of misinformation regarding these claims. While you should consult with a California personal injury attorney about your specific circumstances, it’s important to review some general information to debunk Top 5 common myths regarding accident cases.
You should answer all questions and fully cooperate with the insurance company.
You can understand why this statement is false when you realize the role of an insurer in a personal injury case. The company will do everything possible to minimize its losses, so the claims adjuster will try to find reasons to justify a low payout. Beyond providing notice that you were hurt, don’t give the insurance company any information that could be used against you.
You’ve got plenty of time to seek legal remedies.
Under California’s statute of limitations, you have two years to initiate litigation in a personal injury case. The clock starts to run on the date of your accident, subject to some exceptions. If you don’t file a lawsuit in civil court, you’re forever barred from seeking compensation for your losses.
Your rights are limited if you suffered a personal injury at work.
It’s true that you’re required to file a claim with the California Division of Workers’ Compensation for most work-related injuries. However, there are some exceptions to this rule. You can seek compensation through a civil lawsuit if:
- Your employer doesn’t carry workers’ comp insurance as required by law;
- Your employer’s intentional conduct caused the accident; or,
- A third party is responsible for your injuries, such as a contractor or vendor.
It doesn’t matter if your own conduct contributed to the accident.
This is a myth because your actions may impact your compensation in a personal injury claim. Under the concept of comparative negligence, your damages could be reduced if your conduct was a contributing factor in the accident. An example is if you were violating California’s Rules of the Road when you were hit by a speeding driver. Your compensation is reduced by the amount of negligence attributable to you.
You don’t need to spend the money on hiring a personal injury lawyer.
One of the most problematic myths is that you can represent yourself as the victim of an accident. Unless you have a legal background, it’s best to trust an attorney who has the knowledge, experience, and legal skills necessary to fight for your rights. A lawyer can advocate on your behalf when negotiating with an insurance company and will handle all litigation tasks.
Trust a Riverside, CA Personal Injury Attorney to Protect Your Interests
If you were the victim of any type of accident, please contact Wagner Zemming Christensen, LLP to discuss your rights and legal remedies. We can schedule a free consultation to review your circumstances and develop a strategy to recover the compensation you deserve for your losses.