On March 8, 2014, California resident Rafael Linares filed a negligent driving lawsuit in a California court alleging that celebrity Kim Kardashian West was negligent when she hit his car and caused him pain and suffering. The suit was filed as an unlimited civil case, which means it is allowed to exceed an award of $25,000.
What Led To The Negligent Driving Lawsuit?
Mr. Linares contends in his suit that Mrs. West’s driving was reckless when she struck his car after she made a left turn onto the road Mr. Linares was driving on. The main point of contention from Mr. Linares is that Mrs. West did not have her turn signal on when she made her turn.
The problem for Mr. Linares is that many witnesses maintain that Kim Kardashian West did have her turn signal on prior to executing her turn.
The Damages Being Sought
The types of damages Mr. Linares is pursuing are referred to as compensatory damages. In this case, the list of damages includes:
- Current and future medical expenses
- Property damage to the vehicle
- Loss of income
- Deprivation of earnings
- Future financial disability needs
Facing An Uphill Battle
The timing of the accident and the lawsuit are important to note because they can affect how a jury or judge will feel. The accident occurred on March 11, 2014, and the lawsuit was filed on March 8, 2016.
The statute of limitations for personal injury lawsuits in California is two years, which means that Mr. Linares did file his suit within the legal time frame. But if he was being deprived of earnings since his accident, why did he not file the lawsuit sooner?
Lawsuit Filing Limitations
In the state of New York, the statute of limitations for filing a personal injury lawsuit involving a car accident is three years from the date of the accident. It can be said that the sooner you file your personal injury lawsuit, the easier it can be to present your case. But there are reasons why people wait to file personal injury lawsuits so long after the accident has happened.
If the injuries sustained in an accident are extensive enough, then the victim may want to focus on recovery instead of a lawsuit. As the deadline approaches for filing a suit, the victim may feel that they have to file in order to get the compensation they deserve. Another possibility is that the victim may not have felt any physical discomfort from the accident when it first occurred, but a doctor was able to associate a chronic injury to the car accident. At that point, the victim will decide to sue.
When you hire an experienced attorney, that professional will know how to present your case so that the judge and/or jury understands the long period of time between the accident and the filing of the lawsuit. It takes the right evidence and a coherent argument to get a court to understand the particulars of any case, and this includes car accident case.
Filing A Personal Injury Case
In the state of New York, each type of personal injury has its own statute of limitations. You should never assume that your statute of limitations has run out until you talk to an attorney. If you do feel as though you deserve compensation from a car accident, then your first step is to put together as much information as you can to bring to an attorney. Evidence such as a police report, accident scene pictures, and eyewitness contact information can be a great help in proving your case.
In most cases, New York courts give victims years to file a personal injury lawsuit. But you should talk to a lawyer and prepare to file your case as quickly as possible. If Mr. Linares had waited just four more days to file his case against Kim Kardashian, then the courts would have disallowed the case. To prevent that happening to you, it is important to discuss your case with an attorney as soon as possible.
There is a process most attorneys follow when it comes to preparing to file a personal injury case, and by waiting too long to bring your case to a lawyer you could hurt your chances of filing your case on time. It is important to get the compensation you need to put your life back together after a car accident. That is why you should talk to a lawyer as soon as possible and get your lawsuit filed before the statute of limitations runs out.