Insurance companies can have a significant influence on financial recovery in a personal injury case. Here are some ways insurance can affect your case:
California Injury Claim Filing Deadlines
In California, there is a statute of limitations that sets a time limit for filing a civil lawsuit after an accident or injury. Typically, the statute of limitations for injury cases is two years from the date of the accident. Failing to file within this time frame may result in your case being refused by the court. There may be exceptions to this limit, so it’s essential to consult with a legal professional to discuss your specific case.
Shared Fault in California: California follows a “shared fault” approach to injury cases, which means that the liable party’s insurance company is responsible for the damages caused by their insured. However, the defendant or their insurance company can argue that you were partially responsible for the accident, reducing the amount of financial recovery you can secure. California’s “pure comparative negligence” rule states that your recovery will be reduced by the percentage of fault attributed to you. For example, if you were 10% at fault and your damages were $20,000, your recovery would be reduced by 10% to $18,000. Insurance providers may use this rule to offer lower settlements.
Related Article: How To Get Car Accident Report In California?
Negotiating with Insurance Companies
Most personal injury cases are settled through negotiations with insurance providers. However, it’s important to note that insurance adjusters are working to minimize the amount of payment on each claim. They consider factors such as the claimant’s chances of winning at trial and the potential damages a jury might award. Insurance companies typically request extensive information and documentation about the claim, and adjusters may use tactics to devalue the claim and offer a lower settlement. Having a skilled legal representative negotiate on your behalf is crucial to ensure you receive fair compensation.
In summary, insurance companies can affect your personal injury case by influencing filing deadlines, invoking shared fault, and negotiating lower settlements. Consulting with a trusted attorney who understands these dynamics will give you the best chance of recovering the compensation you are owed.
