What Should You Do If Someone Sues You After a Car Accident in Los Angeles, CA?

Prepare Defenses

There are dozens of ways to defend yourself against an allegation of liability for a car accident when someone sues you. Some of these ways offer partial immunity from liability, some offer full immunity, and some even allow you to claim against the plaintiff. Below is a description of some of the most common defenses.

Expiration of the Statute of Limitations Deadline

In most cases, California requires you to file a lawsuit, if ever, within two years of the accident that caused the injury. If you are filing a wrongful death lawsuit, the deadline is two years after the victim’s date of death. A judge will immediately dismiss any lawsuit filed after the expiration of the statute of limitations deadline.

There are exceptions. If the victim’s injury is not obvious, for example, the start date of the two-year period can be delayed until the date that the victim discovered or should have discovered the injury. This might apply if, say, a doctor accidentally left a surgical instrument inside a patient’s body.

The expiration of the statute of limitations deadline is an affirmative defense, meaning that the defendant must initiate and prove the defense.

Failure To Mitigate Damages

 A plaintiff fails to mitigate damages if they decline to take reasonable steps to minimize the harm done. Failure to mitigate damages usually refers to behavior that took place after the accident occurred. It might mean:

• Not seeking prompt medical treatment;
• Not following doctor’s orders; or
• Neglecting to faithfully take your medication;

A plaintiff may not receive compensation for any portion of damages that they failed to mitigate through the use of reasonable care. Acts or omissions that occurred before the accident are usually not characterized as failure to mitigate damages but are instead characterized as comparative negligence (see below).

Failure to mitigate damages is also an affirmative defense, meaning that the defendant must initiate and prove the defense.

Comparative Negligence

Under California’s comparative fault doctrine, a court will assign each party a percentage of fault for the accident. Accident victims recover compensation in proportion to their assigned percentage. For instance, a victim who is assessed 25% of the blame would have their damages award reduced by 25%.

Comparative negligence is also an affirmative defense, meaning that the defendant must initiate and prove the defense.

Absence of Causation

No matter how serious the defendant’s misconduct was, there is no liability if the defendant’s misconduct was not a substantial cause of the accident.

The absence of causation is a direct defense, not an affirmative defense. You do not have to initiate this defense, and you do not have to prove it. Instead, the plaintiff must prove the presence of causation. The defendant’s only job is to deny the plaintiff that proof.