Yes, you can sue if you are injured in California even if you are visiting. If you are hurt in a slip and fall accident at the airport or a bus accident in Los Angeles, you have the same rights as a local resident. In other words, if someone else negligently caused your accident, you can file a personal injury lawsuit to recover damages to cover medical costs and other expenses as well.
California Laws That You Should Know
Two laws in California may vary from your state, so it is essential to know them:
- California adheres to what is known as Comparative Negligence, which allows you to recover financial compensation for your injuries even if you were partially at fault. The total amount of the damages you incurred would be reduced in proportion to your responsibility for the accident. For example, you suffer $1 million worth of damages in a rental car accident. However, you are found to have been 30 percent at fault in the crash. You would be rewarded $700,000. Also, in California, unlike in some other states, you can still recover financial compensation for your injuries even if you were mostly (more than 50 percent) responsible for your accident.
- California’s statute of limitations for personal injury lawsuits against a person or non-public entity is two years. You must file a claim in that time– or risk losing all legal rights to recover for your injuries. However, there are always exceptions. Our attorneys at Salamati Law strongly suggest that you contact an experienced personal injury lawyer to learn more about the statute of limitations here and how it may affect your legal rights.
Will I Have to Come Back to California to Pursue My Claim?
Individuals who are hurt in an accident while visiting California may think it is easier to avoid hiring an attorney and negotiate a settlement directly with the insurance company. They may fear the cost and inconvenience of spending extended amounts of time in California to pursue their claim. What you may not know, though, is that most of your case can be handled by your attorney here in California– while you are back at home.
You may be required to return to California to appear at a deposition, a medical exam, a hearing, or a trial. Our Los Angeles personal injury lawyers at Salamati Law are accustomed to assisting our out-of-state clients with coordinating these trips. Our legal team will remain in regular contact with you throughout the litigation process and fight for justice on your behalf to enable you to focus on what matters most: your physical and emotional recovery.
Why Your Attorney Matters
Without an experienced attorney representing you, the insurance company will likely only present lowball offers for you that are well below what your case is worth. If you accept one of these offers, you will forego any additional rights to this claim. That is why hiring the right Los Angeles personal injury lawyer can make all the difference in your case. The insurance company will take notice once you hire an experienced lawyer. That will reduce the likelihood of them trying to get you to agree to an unfair settlement offer.
Contact Our Team of Los Angeles Personal Injury Lawyers
If you were injured while visiting California, call our attorneys at Salamati Law today to book your free consultation. We work on a contingency-fee-basis, so there are legal fees unless you prevail.