Claimable Damages in Accidents

Published September 10th, 2019 by Law Office Of Geoffrey Nwosu

California laws on accidents follow the ‘at fault’ and ‘pure comparative negligence’ rules when it comes to insurance claims. The ‘at fault’ rule, also known as ‘tort’ refers to the system of insurance claims where the driver seeking compensation must show proof of fault of the other driver. On the other hand, should your claim progress to full legal proceedings, the ‘pure comparative negligence’ rule is followed. This is when the judge will calculate the percentages of fault for each driver and reduce each driver’s liability thereafter.

When it comes to accident claims, it is important to consult a lawyer because one cannot just claim any or all kinds of damages. Thus, to be well-informed about damages and claims, contact a motorcycle accident attorney in California immediately. He or she can help you with what to claim, how to claim, and where to claim damages.

Car accident damages are categorized as economic and non-economic. Economic damages include repair or replacement of the damaged car and its parts, medical expenses, out-of-pocket expenses, and loss of income. Non-economic damages cover disability, emotional distress, pain, suffering, and things alike. To know the extent of one’s injuries, especially those falling under non-economic damages, consult a personal injury lawyer.

Before pursuing an accident claim, one has to know the limits. First is the Statute of Limitations or the time limit for filing a legal case. Under California law, one has 2 years to claim for personal injury damages and 3 years for property damages. Thus, to avoid stale claims when it comes to accidents, we recommend the Law Offices of Geoffrey C. Nwosu, spearheaded by Attorney Nwosu, an attorney in San Jose, California who specializes in personal injury. With this firm, you can never go wrong with your accident claims!

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