TBIs and Negligence Cases
An injured person and their attorneys must prove the elements of negligence when seeking a monetary award from a jury. Negligence works on the premise that all people have a duty to behave reasonably, and when they do not, they breach the duty. This is simply illustrated by a motorist who breaches the duty to drive safely by drinking beyond the legal limit. If an irresponsible person’s actions cause an accident, and a person is injured because of it, negligence is established.
Our Bakersfield lawyer assesses evidence, including police and medical reports, witness testimony, and surveillance footage, to establish negligence caused a traumatic brain injury. Witnesses may also provide cell phone pictures or videos we can utilize. We leave nothing to chance when advocating for our clients.
Filing Deadline for a Negligence Action
Every state imposes a statute of limitations, which is the deadline a person has to file a civil lawsuit against the party who caused their injuries. An injured person has two years from the date of the accident to file a personal injury lawsuit according to the California Code of Civil Procedure § 335.1.
There are exceptions to this deadline. For example, if the defendant is a government agency, such as Kern Transit, a person has only six months to sue, and other requirements concerning notice apply. Our attorney could ensure a filing is correct and timely.
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