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San Diego Personal Injury FAQ

When you’ve been injured because of another person’s negligence, you are bound to have some questions. Your attorney will be happy to answer any questions you have, but we’ve also included the answers to some frequently asked questions below.

What is the personal injury statute of limitations in California?

The statue of limitations for personal injury in California is two years. The time starts ticking on the date the injury took place. If, however, you did not discover the injury immediately after your accident, you have one year to file, beginning on the date you discovered your injury.

Will I have to go to court?

In many cases, you won’t need to go to court to resolve a personal injury claim. If the insurance company settles your case for a fair sum, then you won’t need to take the case to trial. If the insurance company refuses to settle, then you may need to go to court in order to win the compensation you truly deserve.

Can I sue the government for an injury?

Yes, you may sue the California government for an injury. However, there are many procedures you must follow that are unique to suing a government entity. Also, certain caps limit the amount of compensation you can receive.

How do California’s negligence laws work?

California uses a system of comparative negligence when assigning fault to the defendant. For a defendant to be found negligent, he or she must have had a duty to you, there must have been a breach of that duty, the breach and the defendant’s actions must have injured you, and there must have been quantifiable damages.

Multiple parties can be found negligent for an accident under California’s comparative negligence rules. If you hold a portion of the responsibility, the amount of compensation you can receive will decrease.

Can I sue for PTSD?

The simple answer is yes. If someone injured you and that event caused your post-traumatic stress disorder, you can sue him or her.

However, a causal connection must be found between the accident and your PTSD, and proving this could be difficult. Medical documentation from your doctor will improve your chance of success.

Call a San Diego Personal Injury Attorney

After the unpleasantness of a personal injury, reach out to a legal team who knows the ins and outs of filing a personal injury lawsuit in San Diego. We’re prepared to make the whole process easier on you and fight for the compensation you deserve.

A San Diego personal injury lawyer from The Kindley Firm, APC, can help you get the compensation you need. Contact us at 619-550-1313 or via the form below to schedule your free consultation.



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