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All states have a time limit on how long you have to file a personal injury claim. In states like Florida, the time limit, called the Statute of Limitations, is four years, while in Puerto Rico, the time limit is one year, and the clock starts ticking when the injury occurs.
In California, personal injury is considered any physical or emotional injury caused by the actions of another party.
Short answer: California law states that an insurance company has to settle a personal injury claim within 85 days of the filing date in California. This is broken down as follows: 15 Days ? The insurance company has 15 days to acknowledge the claim.
For California personal injury cases, the statute of limitations is generally two years. This means that lawsuits must be filed before two years have elapsed since the date of the event that caused the injury.
Personal Injury actions under Puerto Rico law are governed under Article 1802 of the Civil Code of Puerto Rico, 31 Laws of Puerto Rico, 5141. Said disposition states that "a person who by an act or omission causes damage to another through fault or negligence shall be obliged to repair the damage so done".
Your claim moves through the stages set by the Ministry of Justice. The other side may accept or deny liability. Your solicitor talks with the other side and negotiates on your behalf. If they can't reach an agreement or the other side denies liability, the personal injury claim may go to a hearing at court.
In California, a personal injury claim is a lawsuit. An injured person (the plaintiff) files the claim against the party who caused the injury (the defendant) through their negligence. This lawsuit generally will seek compensation from the defendant to account for the harms the plaintiff suffered.
Can you sue under a state tort claims act? Yes. Puerto Rico law allows suits against the State and municipalities in certain instances of negligence.