The Personal Injury Lawsuit Process at PARRIS Law Firm
Free ConsultationPerhaps the #1 question we get at PARRIS is what the process for handling a case looks like. Every case that PARRIS handles is unique, but we do have a general process that we follow to ensure clients get the best service possible. Here is what our injury attorneys tell them.
You Hire An Entire PARRIS Team
When people hire an attorney, they may expect that an attorney is the only person handling the case. At PARRIS, you don’t just hire one attorney, you hire an entire team that will give you and your case the personal attention that you deserve. This team includes several experienced attorneys, a litigation support staff, a case manager, an assistant case manager, a field representative, a client-care coordinator, and more. Each team member plays a dedicated role to help you through every stage of your case.
Steps in a Personal Injury Lawsuit
The Pre-Litigation Phase
After you have hired your team, the pre-litigation and investigation phase of your case begins. The case manager will be your main point of contact during this phase. Along with the attorney on your case, the case manager will gather your medical records, initiate discussions with the insurance adjuster, obtain witness statements and police reports, contact medical providers, and begin an internal case investigation.
Many of our case managers are former employees of the auto insurance industry before joining PARRIS, so they’re extremely knowledgeable and experienced. They may make a policy limit demand (or a PLD) on your behalf, which asks for the payment of all available insurance in your case. Our field representatives, who are former law enforcement officers, will also assist in the investigation by talking to witnesses and helping to obtain police reports if needed.
Many injury cases will resolve through settlement during this phase. If your case does not, then the litigation phase begins.
The Litigation Phase
Your attorney will begin the litigation phase by filing your case in the court system. Your PARRIS team will continue the factual investigation through the gathering and production of documents, witness statements, corporate records, and insurance records. Your attorney will take depositions, which are verbal statements made by witnesses under oath. Your attorney may also hire experts to perform accident reconstruction, accident site inspections, provide medical opinions, and create medical and life care plans.
Communication is very important to us at PARRIS. During this entire process your attorney, case manager, and client care coordinator will be available to answer any questions you may have and provide you with regular updates regarding your case.
Your attorney will continue to attempt to reach a settlement through negotiation, demand letters, mediation, and/or arbitration. Some cases will go to mediation several times and then settle. You will always have the final say on whether or not to settle your case.
If you accept a settlement, your case will be considered resolved, and your team will complete the process of confirming medical bills and outstanding liens. Settlement documents will be prepared for your review and signature, and our client satisfaction coordinator will help wrap up your case and give you the opportunity to review your experience with us.
The Trial Phase
If your case does not settle before trial, you can trust that our seasoned trial attorneys will expertly present your case before a jury at trial. PARRIS is known for regularly achieving seven and eight-figure jury trial verdicts, you can view some of our past trial results here. If your case is successful, the jury will enter a verdict that sets the dollar amount that the defendant must pay. This verdict then becomes a judgment that can be enforced against the defendant. If there is no appeal of the verdict, payment or collection of the judgment can begin, and your case will be resolved. If there is an appeal, your PARRIS attorney will discuss our potential representation of you at that more advanced stage.
Call PARRIS Trial Lawyers to Learn More About the Personal Injury Lawsuit Process
We understand that to someone who has never dealt with the legal system, all of this can seem complicated and confusing. But at PARRIS, representing people and helping them navigate the legal system is what we do. Your PARRIS team is here to support you and get you the compensation you deserve. Call PARRIS at 661-485-2072 for answers to your questions or to start your free case consultation today.
Here are more articles related to the same topic
New Laws in California in 2023: What You Need to Know
With another year comes another set of laws passed by the California legislature. In 2022, Governor Gavin Newsom signed hundreds of new bills into law, many of which will go into effect sometime in 2023.
With so many bills to follow, it may be difficult to know how certain laws might affect you. We’ve done the leg work and compiled a list of new laws in California and how they will impact your everyday life.
Employment Law
Equal Pay: In an effort to address the issue of equal pay, Senate Bill 1162 requires all employers in California with at least 15 workers to include the hourly rate or salary range in every job listing. It also strengthens requirements that employers submit detailed pay data reports that include the number of employees by race, ethnicity and sex in specified job categories.
Minimum Wage: The minimum wage in California will expand to nearly all workers in 2023, including those at small businesses. The hourly increase will apply to employees in businesses with 25 or fewer workers, which is the final step in a 7-year process to hike the minimum pay for hourly workers. A 2016 law established a state minimum wage increase by $1 per year until 2022 up to $15/hour. In 2023, the minimum wage will increase by another 50 cents to $15.50 due to inflation.
Fast Food Workers: If you are a fast food worker in California, Assembly Bill 257 creates what advocates are calling a pseudo union. Called the FAST Recovery Act, AB 257, establishes a 10-member Fast Food Council within the Department of Industrial Relations that will set minimum standards for wages, working hours, and other conditions for fast food employees.
Disability and Paid Family Leave: For those on disability and paid family leave, Senate Bill 951 raises the cap on payments for people making under $57,000 per year. People earning below this threshold will be paid 90% of their regular wages (higher than the current 70%) beginning in 2025.
Workers’ Compensation: A contractor that doesn’t carry worker’s compensation insurance could lose their license as a result of Senate Bill 216. Worker’s compensation was already required, but starting July 1, 2023 this new penalty will be added.
Traffic Laws
Speeding: Speed limits on roads and state highways could be lowered by local governments as a result of Assembly Bill 43. The law is meant to address rising traffic deaths. Current state law mandates the “85th percentile rule,” which sets the speed limit on any road as the speed at which 85% of cars on that road travel. AB 43 allows cities and counties to bypass this rule and lower speed limits through “safety corridors” in roads throughout the state.
Street Racing: With street racing and street takeovers becoming more of a problem, the California legislature attempted to address the problem with the passage of two bills. Assembly Bill 2000 makes it a crime to race or exhibit a vehicle’s speed in an “offstreet parking facility.” Racing is already illegal on roads and highways. A different bill, AB 74, increases the punishment for street racing up to suspending the perpetrator’s license for up to 6 months, and restricting their ability to drive for their employer.
Catalytic Converters: As thefts of catalytic converters have increased, lawmakers set their sights this year on the illegal market. Senate Bill 1087 prohibits auto parts recyclers from buying a used catalytic converter from anyone other than specified sellers. These sellers include vehicle dismantlers, auto repair dealers, or people with written proof of ownership of the converter. This law is the first in a slew of laws addressing the uptick in catalytic converter thefts throughout the state.
Jaywalking: Crossing the street outside a crosswalk will no longer be against the law in California in 2023 due to AB 2147. The law prohibits police from citing anyone from jaywalking unless they are at risk of being hit by traffic. Violations would apply to someone walking aimlessly in traffic rather than someone just trying to cross the street.
The Legal System
Remote Court Appearances: The coronavirus pandemic spawned a new age of video conferencing. One of the biggest changes occurred in the court system, which for the first time opened video conferencing for important proceedings that otherwise were conducted in a courtroom. Senate Bill 241 allows court conferences, hearings, or proceedings to continue taking place remotely through July 1, 2023.
Rap Lyrics at Trial: Prosecutors who want to use rap lyrics as evidence to convict someone of a crime must hold a hearing before trial, away from the jury, to prove that the lyrics are relevant to the case. Assembly Bill 2799 was authored in light of revelations from the book Rap on Trial, which discusses racial biases related to rap lyrics used in court proceedings.
Criminal Justice
Record Relief: Excluding violent criminals and sex offenders, many of those convicted of a misdemeanor or felony in California more than five years ago can have their criminal records sealed under SB 731. The law allows criminal records to be sealed only if the person completed their terms of punishment and have not committed another crime since, these sealed records cannot be used to deny the former offender employment, but they must be disclosed to school districts. This record relief does not extend to most violent crimes, or any felony requiring the person to register as a sex offender.
Mental Health Crisis
People Experiencing Homelessness: A new program under SB 1338 creates the CARE Court program as a way to compel adults living on the streets with serious mental illness into state-mandated facilities. Family members, law enforcement, and health care professionals can now petition a court to create a care plan for people that meet specific criteria, including a diagnosis of schizophrenia or another psychotic disorder. Seven California counties—Glenn, Orange, Riverside, San Diego, Stanislaus, Tuolumne, and San Francisco—must comply by October 1, 2023, while the rest of the state has until December 1, 2024.
Digital Privacy
California Privacy Rights Act: In 2020, California citizens voted to pass Prop 24, better known as the California Privacy Rights Act (CPRA). Though some provisions of the law began in 2021, most of the law takes full effect on January 1, 2023.
Under previous law (the California Consumer Privacy Act of 2018), consumers were given the following rights:
- The right to know what personal info was collected by a business, as well as from whom, why, and where it was sold
- The right to delete this personal info
- The right to opt out of sale of personal info
- The right to bring a cause of action against a business for any data breaches
The CPRA adds to these rights by giving consumers the right to correct any inaccurate personal information, and the right to limit a business’s disclosure of sensitive personal information, including their personal identification numbers, financial information, location, race, religion, mail or text messages, or genetic data.
Medical Malpractice
Recovery Amounts: Medical malpractice cases in California will receive long-awaited changes on Jan 1, 2023 due to Assembly Bill 35.
Since 1975, Californians seeking justice after suffering at the hands of a medical provider have faced obstacles towards obtaining a full recovery. The Medical Injury Compensation Reform Act—MICRA for short—capped a plaintiff’s ability to collect non-economic damages at $250,000.
In 1975, when MICRA was passed, $250,000 had the purchasing power of $1.3 million today. But as inflation has eroded the value of the dollar, the law has not changed and victims of medical malpractice throughout the state have remained unable to get the justice they deserve.
AB 35 helps address this issue. Beginning in 2023, the cap on damages for injuries not resulting in death increases to $350,000, and will increase $40,000 every year through 2033. For injuries resulting in wrongful death, the cap increases to $500,000 and increases $50,000 every year through 2033. After 2033, these amounts will increase by 2% every year.
PARRIS stands with the Consumer Attorneys of California and other victims’ rights advocacy organizations in support of this law. While AB 35 is a step in the right direction, the ultimate goal is to place the decision of what a victim’s recovery amount should be in the hands of a jury.
Gun Lawsuits: Private citizens can sue companies that make and sell firearms if they sell assault weapons or ghost gun products, which are already illegal in the state. SB 1327 creates a minimum bounty of $10,000 for violators. Most of the provisions take effect July 1, 2023.
PARRIS Law Firm: Here to Protect You and Inform You of the CA New Laws
If you have any questions about these new laws and how they may affect you, reach out to our team for a free case consultation. We’re dedicated to helping you get the legal help you need.
Understanding the Different Types of Auto Insurance Policies
The state of California requires that all drivers carry auto insurance. However, determining what type of insurance to purchase can be confusing. We’ve put together this guide so you can understand what auto insurance you must carry—and what you should carry.
What Are the Different Types of Auto Insurance in California?
The most common types of coverage your insurance will offer you include the following:
Liability Auto Insurance
In the event of a car accident, liability auto insurance covers the bodily injury and property damage you cause to another person. For someone’s liability coverage to go into effect, they must be found at fault, or liable, for the accident.
How Liability Works In California
Determining who is liable for causing a car accident is extremely important in the aftermath of a collision. The driver deemed at fault for the accident will be responsible for covering the costs of the other driver’s auto repairs and any medical treatment they may need. The payment for these costs comes from the at-fault driver’s liability auto insurance policy.
The auto insurance companies involved in the collision will usually determine who they think is liable after an internal investigation, and several factors—witness statements, police reports, or any statements made by the drivers—may influence their conclusion.
Sometimes, these companies will determine that both drivers were responsible for the collision. In these cases, California’s comparative fault laws allow a partially at-fault driver to recover damages from the other driver’s liability policy.
For example, if you were found 25% responsible for an accident, you can recover up to 75% of your damages from the other driver, assuming they have enough coverage. So if your car repairs cost $1000, you could recover $750 from the other driver’s insurance. You would be responsible for the remaining $250.
How Policy Limits Work
Like any insurance policy, a liability auto insurance policy has an upper limit of damages it will cover. This upper limit is called a “policy limit.”
For example, a bodily injury liability policy with a $50,000 limit will cover up to $50,000 of the other person’s medical treatment in an accident you cause.
Unfortunately, a victim’s damages may sometimes exceed the at-fault driver’s insurance policy limits. In these cases, the driver may be personally liable for the excess damages they cause.
California Liability Auto Insurance Minimum Requirements
Because car accidents happen so frequently in California, all drivers must carry minimum liability car insurance coverage to drive legally in the state.
The minimum coverage you must carry under California law is:
- $15,000 for the death or bodily injury of one person
- $30,000 for the death or bodily injury for all people hurt in an accident
- $5,000 for property damage
Keep in mind, this is the minimum required coverage. A victim’s medical and property damage costs will very quickly exceed these amounts in a serious collision. As stated earlier, the at-fault driver may be personally responsible for covering the difference if they don’t have enough coverage.
Though liability auto insurance is the most expensive type of insurance, carrying the maximum coverage you can afford is the best way to protect yourself if you’re involved in a costly and disastrous car accident.
Uninsured/Underinsured Motorist Coverage
Despite the law, the unfortunate reality is that many people in California drive without auto insurance. Even though they will be held personally liable if they cause a collision, many uninsured drivers do not have the means to pay for the other person’s damages.
Carrying uninsured motorist (UM) coverage may help you recover when you’re injured in an accident by someone who doesn’t have insurance. It pays for medical bills, funeral expenses, and other costs for people injured in a car accident caused by an uninsured driver.
Underinsured motorist (UIM) coverage provides similar benefits: if you’re injured by a person carrying the minimum liability insurance, your UIM coverage can help make up the difference between their insufficient policy limits and the actual cost of your injuries.
Notably, neither UM or UIM cover property damage caused by an uninsured or underinsured motorist. Instead, a separate coverage option—uninsured motorist property damage (UMPD) coverage—can cover these expenses. If you have collision coverage, however, you do not need UMPD.
While you are not required to carry uninsured/underinsured motorist coverage, your insurance company is required by law to offer it to you.
Uninsured/underinsured motorist coverage is always an excellent addition to your policy. It is relatively inexpensive and protects you from another person’s poor decisions and inadequate coverage.
Collision and Comprehensive Insurance
Together, collision and comprehensive car insurance cover damage to your car in various situations. When grouped with liability auto insurance, collision and comprehensive make up what is commonly known as “full coverage car insurance.”
Collision
Collision insurance covers damages incurred when your vehicle collides with something—even if the collision was your fault. This can include another vehicle, a guardrail, a tree, or a bicycle or pedestrian.
For example, let’s say your auto insurance determined you were at fault for an accident. In that case, your collision coverage would pay for damage to your vehicle, while your liability coverage would pay for damages to the other driver’s car.
Collision insurance also covers the cost of your car repairs if your car is damaged by an unidentified driver in a hit and run.
Comprehensive
On the other hand, comprehensive insurance covers damage to your vehicle caused by factors unrelated to driving. These may include, but are not limited to:
- Flood
- Falling objects, such as trees or rocks
- Theft
- Vandalism
- Fire
- Wind
- Hail
Insurance companies usually offer collision and comprehensive together. Premiums for these policies are based on the vehicle’s value, so they can be rather high for newer or more expensive cars. Coverage is also usually subject to a deductible.
Despite the price, collision and comprehensive is usually worth it for high-value vehicles. Full coverage is also required for leased or loaned vehicles in California.
Med Pay Coverage
Med Pay, short for medical payment coverage, is optional insurance that pays medical or funeral expenses in the event of a crash. Most Med Pay policies cover you, your passengers, and your immediate family members if they are hurt in a car, pedestrian, or public transportation accident.
Med Pay covers medical expenses regardless of fault, up to the policy limits. There are generally no deductibles, coinsurance policies, or restrictions on the medical providers you can visit. It may even cover medical treatment that your regular health insurance policy won’t cover.
Med Pay coverage is particularly useful for those without health insurance, or those with very high health insurance deductibles and copays.
What Happens If I Don’t Have Car Insurance in California?
Driving in California without the required minimum insurance coverage is against the law. California law requires drivers to show proof of insurance to law enforcement officers when asked. If you cannot show proof of insurance, you will need to pay hundreds of dollars in fines and penalties (which often cost more than the minimum required car insurance policy).
If you cause an accident without insurance, the DMV could suspend your driver’s license. Even if you’re hurt in an accident that wasn’t your fault, you will have less legal recourse if you don’t carry car insurance. In other words, you will not be able to recover pain and suffering damages from the at-fault driver if you don’t have insurance yourself.
So How Much Car Insurance Do I Need?
As lawyers are infamous for saying—it depends. If you park your car on the street in a high-crime area, it may be worth purchasing comprehensive coverage. Or if your deductible on your health insurance policy is very high, Med Pay might be worth it.
Ultimately, it’s best to purchase the maximum insurance coverage you can afford. After a terrible car accident, a hefty car insurance policy is the best way to protect yourself and others from unforeseen, life-changing damages.
PARRIS Fights for Victims of Auto Accidents
Any accident—whether a pedestrian accident, bus accident, motorcycle accident, or something else—is a devastating, preventable event that can change your life forever. Navigating the insurance world in the aftermath of an accident can be extremely confusing, especially when you’re facing a mountain of unexpected medical bills and expenses.
A trusted law firm can help. PARRIS car accident lawyers have been in the industry for nearly four decades. We have the expertise and resources to fight for you and your family, and we’ll make sure you see the justice you deserve.
Contact PARRIS today to schedule your free case review with our team.
Are Roundabouts Really Safer?
A roundabout, also called a traffic circle, is a type of vehicle intersection that seeks to increase traffic flow and reduce accidents. More common in Europe, roundabouts are beginning to catch on in the United States.
By creating a circular, continuous flow of traffic in one direction, cars don’t have to cross traffic or look in multiple directions before continuing safely. This intersection design has reduced car accident-related deaths and injuries where they are implemented.
Despite this, many drivers in the US don’t know how to navigate roundabouts. To the novice, a roundabout can be intimidating. Just ask the American tourists who crash their rental cars in European roundabouts each year. Unfamiliarity with the roundabout model can lead to an increase in accidents—the opposite effect of what was intended.
To help, our team of car accident lawyers at PARRIS Law Firm have created the ultimate guide to roundabouts: why they’re safer, how to navigate them, and how you can protect your rights if you’re struck by a negligent roundabout driver.
What is a Roundabout?
A roundabout is a circular intersection that links two or more streets. In countries like the US where cars drive on the right side of the road, roundabout traffic travels counterclockwise, usually around a center island or small obstruction.
There are usually no stoplights or stop signs for traffic in the roundabout or traffic entering the roundabout. There are some exceptions to this rule, however, most notably in Washington, DC, and in South Florida.
The key to driving safely in a roundabout is yielding to the traffic already in the circle, which in America means yielding to traffic on your left. We will cover more on this in the driving section below.
Are Roundabouts Safer Than Traditional Intersections?
The IIHS points out that roundabouts provide safer intersections by forcing drivers to slow down and eliminate right-angle and left-hand turns. This reduces the likelihood of head-on collisions, some of the most deadly accidents that can occur with much greater frequency in traditional intersections.
Roundabouts may also be safer for pedestrians. At a roundabout, pedestrians only cross one direction of traffic at a time. These distances are often shorter than those at traditional intersections, further reducing the dangers posed to pedestrians. Because cars are moving at slower speeds, this also reduces the likelihood of serious injury or death to pedestrians. At slower speeds, the cars can slow down faster to avoid impact with a pedestrian.
Let’s be clear, roundabouts don’t eliminate all car accidents. No solution is perfect. Sideswipe accidents can actually increase in multi-lane roundabouts, especially when the roundabout is new and drivers are still getting used to the traffic flow.
Other common accidents in roundabouts occur when drivers speed, misjudge the curvature of the traffic circle, and hit the center island or curb of the roundabout. These are usually single-vehicle crashes related to vehicle speed, driver experience, and weather or lighting conditions.
Despite these accidents, compared to traditional intersections, roundabouts are ultimately safer for drivers who understand how traffic flows in the circle. By slowing down and yielding to pedestrians and traffic within the circle, drivers are less likely to cause a deadly accident.
Do Roundabouts Save Gas?
In addition to their safety benefits, roundabouts also benefit drivers AND the environment by saving gas. Idling a car for two minutes at an intersection uses the same amount of gas as driving for a mile. By keeping traffic flowing continuously, roundabouts save gas and motor oil, thereby benefiting both consumers and the environment.
Why are Roundabouts Uncommon in America?
Despite their safety, environmental, and financial benefits, roundabouts haven’t really caught on in the US. America has the largest road network in the world, but only has about 10 to 15 percent of the world’s roundabouts.
Though California has more highway miles than every state except Texas, the Golden State has only three percent of all roundabouts in the US. They’re so rare in California that Caltrans has a helpful page discussing roundabouts and how to navigate them.
So why are roundabouts so uncommon in America? A large part of this issue stems from failures in their early adoption in the States. The first roundabout in the United States—Columbus Circle in New York City—opened in 1905. Roundabout right-of-way rules initially favored cars ENTERING the circle rather than cars already in the circle. When drivers in the roundabout stopped to let lines of cars turn in front of them, traffic quickly became congested, and accidents became common. As cities grew and their urban infrastructure developed, planners scrapped the idea of roundabouts entirely, instead favoring intersections governed by traffic lights.
Additionally, roundabouts tend to take up more space than a traditional intersection, making them difficult to add in urban areas. Though you can make roundabouts extremely compact, large ones tend to be safer as they provide more space for cars to navigate entry and exit points. Today, you might even have to buy and tear down buildings to convert a traditional intersection into a roundabout.
At this point, Americans are simply unfamiliar with roundabouts. Many drivers get nervous when they see one, likely because roundabouts aren’t common enough in the States for the average driver to practice and become accustomed to them. Though roundabouts are theoretically much safer than intersections, they may lead to more accidents if drivers are unfamiliar with right-of-way rules in a roundabout.
Roundabouts in Carmel, Indiana
In rural areas, however, roundabouts have begun to catch on. Take Carmel, Indiana, a suburb of Indianapolis, as a case study. Over the last two decades, they’ve converted over 120 traditional intersections into roundabouts.
Though it was initially a difficult adjustment for Carmel residents, the net outcome has been overwhelmingly positive. The city has reduced vehicle emissions, improved air quality for residents, and increased traffic and pedestrian safety. The city even designed their roundabouts with bikes and pedestrians in mind, working to ensure their safety along with more effective traffic flow.
How to Drive in a Roundabout
A roundabout works by keeping traffic moving. It accomplishes this by having cars entering the roundabout yield to cars already in the roundabout.
While roundabouts are still uncommon in California, you may see them with greater frequency as the years go by.
Here are several tips to help you safely navigate a roundabout when you come across one:
- Slow down as you approach the roundabout.
- Follow the traffic signs at the roundabout and the road markings, especially if the roundabout has multiple lanes
- You don’t have to stop before entering the roundabout, but you will need to reduce your speed.
- Before entering the roundabout, make sure you’ve looked left to ensure there’s no traffic coming.
- Always use your turn signal when exiting the roundabout to let drivers behind you know you’re slowing and exiting, and to let drivers waiting to enter the roundabout that you’re leaving it.
- If you miss your exit from the roundabout, go around instead of slamming on the brakes or making a hard turn.
- Keep an eye on the curvature of the traffic circle to ensure you don’t hit the curb and pop a tire.
Who Has the Right of Way in a Roundabout?
Generally, traffic in the roundabout has the right of way. Cars wanting to enter the roundabout must yield to cars already in the roundabout. Cars entering the roundabout must also yield to pedestrians and bikers crossing the street in front of them.
Roundabouts work by attempting to keep traffic flowing instead of a traditional intersection where only one set of vehicles moves at once. Drivers are forced to slow down, but not stop—making potential accidents less deadly.
Who Is at Fault in a Roundabout Crash?
Fault in car accidents depends on many factors. If you were driving in a roundabout and another vehicle hit you as they were entering the roundabout, they’re most likely going to be at fault for the crash. If another car rear-ended you as you were exiting the roundabout, the other driver is likely at fault.
Many common reasons for roundabout crashes include:
- Speeding
- Failure to yield
- Not being the correct lane
- Braking while in the roundabout
- Trying to exit the roundabout from the wrong lane
- Making a hard turn
- Tailgating
Can You Get Compensation from the Negligent Driver?
If you’ve been injured in a roundabout crash that was not your fault, you may be able to get compensation for:
- Pain and suffering
- Emotional distress
- Lost income
- Lost earning potential
- Loss of companionship
- Loss of life enjoyment
- Present and future medical expenses
- Rehabilitation costs
Depending on the severity of your injuries, you may face enormous financial pressure. Even in minor accidents, you could have to deal with costly medical procedures and treatment. Even a concussion, one of the most common car accident injuries, can result in millions of dollars of lifetime medical care.
That’s why you need to partner with an experienced and trusted car accident lawyer in California. Your lawyer may be able to help you get the compensation you need to get better. With the right legal team at your side, you may be able to avoid financial hardship by collecting compensation from the driver who caused your roundabout accident and injuries.
To find out your legal options, contact PARRIS Law Firm today to speak with an experienced California car accident lawyer. You have rights and we can help you protect them.
Legal Deadlines: What Is the California Statute of Limitations?
When someone’s negligence has hurt you or someone you love, filing a lawsuit against the at-fault party might be your best option. However, California law limits the period during which you can file a lawsuit.
What is a Statute of Limitations?
In legal terms, a statute of limitations is the law that limits how long you have to file a lawsuit. The length of time you have to file depends on the type of case you have.
Statutes of limitations were created in part to encourage the prompt investigation of crimes and wrongdoing. Evidence can be destroyed and witnesses’ memories can fade over time. They also prevent people from being punished for actions they took a long time ago.
What is the statute of limitations in California for filing a personal injury lawsuit?
According to the California Civil Code, personal injury lawsuits must be filed within two years of the date of the injury. Personal injury cases include those that stem from a wrongdoer’s negligence, including (but not limited to) motor vehicle accidents, dog bites, slip and fall accidents, and wrongful deaths.
Other personal injuries that are intentional, such as assault, battery, or intentional infliction of emotional distress, also carry a 2-year statute of limitations.
What is the statute of limitations for a medical malpractice claim in California?
Though medical malpractice cases are a type of personal injury case, California residents must file suit against their medical provider within one year of discovering the injury, or within three years after the date the injury was inflicted. Legislation makes it clear that the one-year timeframe begins on the day the plaintiff reasonably should have discovered the injury.
Additionally, California law specifies that medical malpractice lawsuits can only be brought after a 90-day notice is given to the healthcare provider.
Is the statute of limitations different if you are suing the government?
Yes—if you have been harmed by a government agency, you must file a government claim form against the entity within six months of the date of injury. A “government agency” can include any publicly-funded organization, such as a public school, a city’s sanitation department, or a state government.
Once your lawyer has filed a government claim form, the entity has 45 days to respond. If they deny the claim, you have six months from the date the denial was received to file suit. If they do not respond, you have two years from the date of the initial injury to file suit.
What about the statute of limitations for employment law cases?
The appropriate legal deadline for employment-related lawsuits depends on the type of claim.
Claims related to proper pay stubs must be brought within one year of an employer’s failure to provide proper payment records.
However, most claims related to unpaid wages may be brought within three years of the initial failure to pay. These case types include those related to missed meal and rest breaks, minimum wage, overtime pay, and more.
Other employment law cases, such as wrongful termination, carry the two-year statute of limitations shared by most personal injury lawsuits in California. A recent California law extended the statute of limitations for workplace harassment to three years from the date of injury.
What happens if you miss the deadline to file a lawsuit?
If the statute of limitations has passed on your case, you will no longer be able to bring your case and obtain legal recovery.
Are there any exceptions to the statute of limitations?
There are some exceptions under which the statute of limitations is tolled. Tolling means that the statute of limitations is suspended. The “clock is paused,” so to speak, and then begins again when the reason for tolling is over.
Tolling may happen when the plaintiff is under 18, suffering from a disability, in prison, and/or serving in the military, among many other situations.
When the reason for tolling ends, the statute of limitations begins to run again.
Call PARRIS For Help Meeting Legal Deadlines
Understanding the statute of limitations can be complicated, since there are many different deadlines and exceptions under California law.
It’s crucial to contact PARRIS accident attorneys as soon as you decide that you want to pursue a legal claim to ensure that any legal deadlines are met. Start your free case consultation today by calling PARRIS at (661) 485-2072. You pay no fees until we win you compensation.
California’s New Laws for 2022, Explained
In the wake of COVID-19 and the political, social, and economic upheaval that followed, the California state legislature has responded by passing hundreds of new laws. From healthcare to marriage to law enforcement, these new rules affect the daily lives of everyone in the state. Here is a quick guide to some of California’s most significant new laws going into effect this year.
Housing
Single Family Lots: SB 9, SB 10
Perhaps two of California’s most notable new laws from 2021 address the state’s housing crisis. SB 9, the “duplex bill,” will allow homeowners to build duplexes, triplexes, or fourplexes on their single-family lots. SB 10 streamlines the rezoning process for those who wish to do so.
To comply, the following conditions must be met:
- The property cannot have been used as a rental property for the past three years
- The property cannot already have a second dwelling unit
- The new lot may not be less than 40% of the property and must be at least 1200 square feet
- Modifications to the existing home may not require demolition of more than 25% of an exterior wall
- Neither the new duplex nor the lot split can cause adverse impact on the physical environment
Both laws go into effect on January 1, 2022.
Multifamily Developments
For any residential structure with five or more dwelling units which include both affordable housing units and market rate housing units, AB 491 requires the affordable housing units must have the same access to building entrances, common areas, and amenities as the market rate housing units. This law may be applied retroactively.
Digital Privacy
California Privacy Rights Act
In 2020, California citizens voted yes on Prop 24, better known as the California Privacy Rights Act (CPRA). The law expands on the California Consumer Privacy Act (CCPA) and establishes new rights for the state’s consumers:
- Right to access the personal information a business has collected about you
- Right to limit or opt out of the sharing/selling of personal information
- Right to sue businesses for negligently exposing usernames, passwords, or personal information in a data breach
The law also further regulates “high risk data processors” and enables special protections for minors browsing the internet.
The full provisions of the law for consumers don’t go into effect until 2023, but businesses are expected to comply on January 1, 2022.
Personal Health Care Information
AB 825 expands the definition of personal information as it relates to health care data. Now including genetic data, the law requires businesses to put in place reasonable safeguards and alert consumers of any data breach of their personal information.
Genetic Information Privacy Act
SB 41 requires genetic testing companies to provide consumers with a notice about their data collection practices. The new law also requires companies to get a consumer’s express written consent to collect, use, or disclose an individual’s genetic data. It also requires companies to destroy a consumer’s biological data within 30 days of receiving revocation of consent.
Multifamily Developments
For any residential structure with five or more dwelling units which include both affordable housing units and market rate housing units, AB 491 requires the affordable housing units must have the same access to building entrances, common areas, and amenities as the market rate housing units. This law may be applied retroactively.
Law Enforcement
Peace Officer Decertification
SB 2 gives a new division within the Peace Officer Standards and Training commission the power to investigate and/or decertify police officers accused of misconduct. The bill also prohibits officers stripped of their licenses from applying for jobs in another California police jurisdiction.
Police Age & Education
AB 89 raises the age at which you can become a police officer from 18 to 21. The law also requires that California community colleges develop a modern policing degree program for prospective officers in the state, to be implemented in 2025.
Hate Crime Education
AB 57 calls for increased training for law enforcement regarding hate crimes. Police officers must be educated on hate crimes (including religion-bias hate crimes) by subject matter experts.
Healthcare and COVID-19
COVID-19 Exposure Notification
AB 654 requires employers to provide notice to the local public health agency of COVID-19 positive tests within 48 hours or one business day, whichever is later. It also requires employers to notify employees, customers, and anyone else onsite who may have been exposed.
Hepatitis B and C Screening
Adult patients receiving primary care services in California must be offered a screening test for hepatitis B and hepatitis C to the extent these services are covered under a patient’s health insurance. (AB 789)
Affordable Medical Care
Another new law makes medical care more affordable for those without insurance or those under 400% of the federal poverty level. (AB 1020)
Healthcare Bias Training
Beginning January 1, 2023, nurses will be required to take implicit bias training. For every two years on the job, nurses must take a one hour course. (AB 1407)
Education
Mental Health Education
Each public school district in California is now required to offer mental health coursework for middle or high school students. The State Department of Education must develop a plan to implement mental health coursework in schools by January 1, 2024. (SB 224)
Free College Tuition for COVID-19 Survivors
AB 1113 allows the children or spouse of a nurse or physician who died of COVID-19 during California’s state of emergency to receive free tuition from any public postsecondary school in California (the UC system, Cal State schools, or community colleges).
CalFresh in College
California public colleges are now required by AB 543 to educate incoming students about the eligibility requirements for CalFresh, California’s Supplemental Nutrition Assistance Program (SNAP).
Food and Beverage
Takeout Alcoholic Beverages
SB 389 allows customers to order alcoholic drinks to go with their takeout food through 2026.
Restaurant Delivery Apps
Under AB 286, food delivery apps, such as Grubhub or Postmates, are not allowed to retain tips. If the food is for pickup, then the tip goes to the restaurant. If it is delivered, then the delivery driver keeps the tip.
Miscellaneous
Enforcement Liens on Real Property
SB 572 allows the Labor Commissioner to create a lien on an individual’s real property to secure amounts due under a citation, finding, or judgment.
Environmental Marketing Claims
SB 343 sets out to restrict environmental marketing claims made to California consumers. When a company claims a product is recyclable, biodegradable, or compostable, it must now be able to back those claims up with evidence. Previously, any company could put those logos on their products and there was no requirement that the products actually comply. This new law expands to all consumer products sold in California and enacts penalties of up to $2500 per violation.
Remote Marriages
In light of COVID-19, county clerks are now able to issue marriage licenses and solemnize marriage ceremonies using remote technology. Notably, the couple wishing to get married must be in the same physical location within California. (AB 583)
PARRIS Is Here to Help
We hope that this roundup of new laws in California has been helpful. With the sheer amount of regulations in California, understanding the implications of new additions can be quite overwhelming.
Remember—if at any point your rights as a California resident have been violated, call PARRIS Law Firm. We are here to fight for you.
Despite COVID-19 PARRIS Clients Continue to Win
As of June 15th, 2021, California has officially reopened after 15 months of unprecedented pandemic restrictions. The Golden State is down to 1.8 new COVID-19 cases per 100,000 residents each day – low enough, according to our legislators, to reopen the state.
This is a significant milestone for both PARRIS and the state of California. A new season is beginning, both literally and metaphorically. In light of these recent changes, we wanted to pause for a moment and acknowledge the PARRIS team’s many achievements since the pandemic began. What have PARRIS lawyers and staff been able to accomplish in these 15 months at home?
Exciting Victories
Despite working from home, PARRIS attorneys achieved more than 350 settlements on behalf of clients in 2020. Here are some highlights:
- A wrongfully terminated client received a $1.05 million verdict with the help of the PARRIS employment team.
- A rollover car accident victim received a $23 million settlement for their injuries.
- An apartment complex assault victim recovered $1.3 million after suffering severe injuries.
- A trucking accident victim secured a $17.5 million victory in late 2020. Given the complexity of truck accident cases, this is a significant accomplishment for both the plaintiff and the firm.
New Cases
Throughout the turbulent pandemic season, the team at PARRIS ensured that those facing hardship got the compensation they needed to thrive.
- In May 2020, PARRIS attorneys began litigating against overreaching policing practices enforced on a Black Lives Matter protestor, Randy Stewart, injured by the LAPD during a peaceful protest. The rubber bullets fired by the LAPD left Randy with a traumatic brain injury (TBI), a brain hemorrhage, blurred vision, difficulty speaking, PTSD, tinnitus, and more.
- In September 2020, PARRIS moved to protect a popular local brewhouse, Transplants Brewing, from hardship by forcing LA County to allow the brewery to open. At the time, LA County permitted most restaurants to reopen with limited-capacity outdoor seating, but prevented those that lacked an “on-site” kitchen like Transplants. With the help of PARRIS, Transplants sued the County, citing violations of the business’s rights to due process and equal protection under the 14th Amendment. On filing the lawsuit, the LA County Board of Supervisors voted to remove the on-site kitchen requirement, allowing breweries like Transplants all over the county to reopen.
- In February 2021, PARRIS attorneys filed a class-action lawsuit against the Los Angeles Department of Water & Power (LADWP) for their role in covering up a massive gas leak at the Sun Valley Generating Station for at least three years. Sun Valley and Pacoima residents were exposed to toxic gas fumes that caused recurring headaches, bloody noses, shortness of breath, eye and skin irritation, severe anxiety, and nausea. According to LA Times reporter Lila Seidman, the community around the 70-year-old Valley Generating Station is home to largely Latinx and Black residents that are regularly exposed to some of LA’s worst air quality. PARRIS’s lawsuit seeks to recover monetary damages to pay for medical care and cleaning for affected residents living within 3 miles of the plant.
Key Recognitions
2020 wasn’t all bad news. Our firm hit some major milestones in the last 15 months:
- PARRIS Law Firm turned 35! Since Rex and Carrol Parris founded the firm in 1985, PARRIS attorneys have won over $1.9 billion for clients. Even now, we remain committed to the same vision our founders had all those years ago: building a truly great law firm.
- The Daily Journal—one of the West’s top legal news sources—recognized R. Rex Parris as one of California’s Top Plaintiff Lawyers in June 2021. The Daily Journal recognizes exceptional legal talent in their annual lists, which are selected after careful review of hundreds of attorney nominations.
- U.S. News named R. Rex Parris and Robert A. Parris to their prestigious list of 2021 Best Lawyers; and also named Khail A. Parris to their 2021 Best Lawyers: Ones to Watch list. That’s three PARRIS attorneys with national recognition for their legal feats in 2020.
PARRIS Cares
When the PARRIS team isn’t fighting for fairness in the courtroom, we take care of our own: our community.
- In the wake of George Floyd’s death in the summer of 2020, PARRIS donated $50,000 to the Equal Justice Initiative, a nonprofit committed to fighting racial and social injustice in the United States. EJI works within communities, the criminal justice system, and the education system to expose injustice and advocate for those victimized by it.
- Founding partner R. Rex Parris and firm administrator Carrol Parris have donated $50,000 to CarthroniX, a biotech company focused on developing therapies for aging-related diseases. The donation will assist Dr. Denis Evseenko’s research in slowing the progression of arthritis.
The pandemic has been difficult on all of us, and we are beyond excited to begin the process of safely returning to life in person. Despite the hardship of being apart, our firm has grown stronger knowing that we’re all in this together. Going forward, we hope to employ the same resiliency we’ve learned in this pandemic as we continue to fight for our community in the courtroom.