Injuries are often caused by a person’s careless or wrongful actions, and that person can be held accountable for what they’ve done. Reach out to a California personal injury attorney for assistance with bringing an injury claim or suit.
If you were hurt in an accident in California, you could be able to file a claim against those who hurt you.
A California personal injury lawyer can take on your injury case, no matter the circumstances. We can help you go after those who caused your injuries and damages. We can concentrate on getting you paid while you work on recovering from your injuries.
Understanding Negligence and Liability in California
The reason you are able to file a claim or lawsuit in California is due to the state’s negligence and liability law. The law affirms that all people are liable for their actions when those actions cause others to be hurt, whether because of carelessness or recklessness.
For example, when someone crashes into you on a freeway, they can be held accountable through your personal injury claim, even when they didn’t purposely cause you harm.
If you believe your accident was brought about by someone else’s negligent or wrongful behavior, you can file a claim. In most situations, you will need to be able to prove the other person’s actions were negligent or dangerous. Your California injury lawyer can assist you in bringing a claim and proving your case.
Information About Personal Injury in California
Investigation Process in California
In California, thoroughly investigating the details of your accident and preserving evidence are crucial for your personal injury claim.
You can expect the insurer’s adjuster or defendant’s attorney to take certain steps during a personal injury investigation, including:
- Obtaining a copy of the police or other accident report
- Asking for your formal statement about the event
- Taking other witnesses’ statements
- Obtaining photos or video footage of the accident
- Obtaining physical evidence left over from the accident
- Obtaining copies of your medical records
Damages in California
In California personal injury law, compensatory damages are designed to provide financial compensation to individuals who have suffered harm or losses due to the negligence or wrongful actions of others. These damages aim to restore the injured party to the position they were in before the injury occurred, as much as possible. Compensatory damages can be categorized into two main types: economic and non-economic damages:
- Economic damages: Include quantifiable financial losses such as medical expenses, lost wages, property damage, and rehabilitation costs.
- Non-economic damages: Compensate for intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
- Punitive damages: May also be awarded in addition to compensatory damages, especially in cases involving extreme negligence or intentional misconduct by the defendant.
Evidence in California
Medical Information
Following an injury, you may find yourself facing medical bills soon after the incident, well before any settlement or verdict is reached in your personal injury case. Fortunately, you might have avenues for covering these bills through your car insurance or health insurance policy as your case progresses toward resolution.
Lawsuits, Settlements, and Trials
If your case doesn’t settle, it may proceed to trial. We can provide insights into the court process for personal injury lawsuits in California and guide you through what to anticipate as your case progresses. The typical trial process is as follows:
Filing the Lawsuit
- If you decline a settlement offer, consider moving forward with a personal injury lawsuit.
- Your attorney will prepare a complaint outlining your accusations against the defendant and file it with the court.
Service of Process
- After filing, ensure proper service of the complaint and summons to court on the defendants.
- An attorney can guide you through the procedural rules governing service of process.
Utilizing Discovery
- During discovery, gather evidence and information from both sides and third parties.
- Your attorney will investigate the accident further and gather evidence to support your case.
Pre-Trial Conferences
- Meet with the judge and opposing counsel to discuss case aspects, set deadlines, and encourage settlement.
Personal Injury Trial
- Once decided to proceed with trial, discovery ends and trial preparation begins.
- The trial includes jury selection, opening statements, presentation of evidence, witness questioning, closing arguments, and jury deliberation.
Your Role at Trial
- Your attorney will handle most of the proceedings, but you may testify when called.
- Your attorney will prepare you for questioning and cross-examination beforehand.
Getting to a Verdict
- Await the outcome of the trial, either through jury deliberation or a judge’s decision.
- Civil cases in California do not require a unanimous verdict; instead, a supermajority typically decides the outcome.
California Statutes of Limitations
In California, the statute of limitations dictates the timeframe within which an individual must file a claim. If the deadline lapses, you risk losing the chance to file a claim and relinquishing your entitlement to seek compensation.
- You have two years from the date of injury to file a personal injury claim under California law.
- The statute of limitations may start from the date of the accident or the date of diagnosis in medical cases, depending on the circumstances.
What to Do After An Accident in California
To maximize your chances of a favorable outcome in your personal injury claim, consider the following actions after an accident:
- Gather all possible evidence, including detailed accident notes documenting the incident’s time, location, causes, and extent of injuries.
- Capture photos and videos of the accident scene and your injuries to provide visual evidence for insurance companies or court proceedings.
- Obtain a copy of the police report, as it may contain crucial information regarding fault and initial observations.
- Seek legal representation from a skilled personal injury lawyer in California. They can guide you through the claim process, explain your rights, and advocate on your behalf.
Types of Personal Injury Cases in California
What type of accident were you hurt in? The type of accident will help your attorney identify your case. Different laws apply to different accident types. For instance, if a negligent doctor injures you, your case will fall under medical malpractice laws. If a drunk driver caused your injury, car accident laws will affect your case.
Take a look at the different types of personal injury cases.
Nursing Home Abuse
A nursing home abuse case is when an elderly adult is being abused or neglected in a nursing home. If your loved one did not receive proper care, you can fight back through the personal injury claim process.
Wrongful Death
Deaths are upsetting for the family members of the deceased, but it’s more upsetting to lose a loved one in a preventable accident. When someone caused your loved one’s death because they were being careless or engaging in wrongful behavior, they should be held accountable.
Resources for Wrongful Death:
- Violence Policy Center – Product Liability: This website offers crucial information on firearms, including their impact on wrongful death cases.
- National Institute for Occupational Safety and Health (NIOSH): NIOSH provides valuable insights into workplace safety measures, which can be instrumental in preventing accidents leading to wrongful death.
- National Toxicology Program: This NIH website offers essential information on toxic chemicals and objects, aiding in understanding potential hazards contributing to wrongful deaths.
Medical Malpractice
Doctors are human, and they can make careless mistakes just like the rest of us. Only their mistakes are far more costly than the average person. Holding a doctor accountable for your medical injuries is possible through a medical malpractice claim.
Resources for Medical Malpractice Include:
- National Patient Safety Foundation: Gain insights into hospital and medical safety practices through this website, helping to prevent instances of medical malpractice leading to wrongful death.
- US Agency for Healthcare Research and Quality: Access helpful safety information for patients to mitigate the risk of medical malpractice incidents resulting in wrongful death.
- Medical News Today – Medical Malpractice/Litigation News: Stay updated on new developments in medical malpractice, lawsuits, and related topics through this informative website.
- Insurance Information Institute – Medical Malpractice: Obtain information on medical malpractice insurance, offering coverage and protection in the event of wrongful death incidents.
Dog Bites
Owners of dogs have a duty of care to the public. They must control their pets and keep others from harm. If a dog bites you, you could get justice and compensation by filing a dog bite claim in California.
Car Accidents
Despite advances in vehicle safety, accidents still occur all too often. A claim could bring you the money you need to overcome your injuries and losses when you’ve been in a car accident caused by a dangerous or reckless driver.
There are several motor vehicle accident resources available to assist you if you’ve been involved in a motor vehicle accident and to help you prevent future incidents in California:
- Insurance Institute for Highway Safety/Highway Loss Data Institute: This website offers valuable information on various types of insurance policies.
- The Center for Auto Safety: Stay informed about recalls and defects in cars with up-to-date information and alerts provided by this organization.
- National Highway Traffic Safety Administration: Access important information and statistics on car accidents and related topics through this website.
Product Liability
Products must be well made or they can cause people serious harm. When you’ve been hurt because of a product defect, you can go after the manufacturer for payment of your damages.
Truck Accidents
Large commercial vehicles can cause catastrophic injuries for those involved in accidents. If you were hurt in a semi-truck accident, the trucker, trucking company, loading company, or another negligent party could be liable for your losses.
Premises Liability
Accidents can occur when property owners don’t create a safe environment for guests and visitors. A property owner can be held accountable for your injuries because of premises liability laws in California.
Motorcycle Collisions
In an instant, a motorcycle accident could change your entire life. If you didn’t cause your accident, you shouldn’t be blamed for it. The at-fault party could be held accountable through the civil court process.
Although different laws affect your case, it doesn’t matter what type of case you have with our firm. We can handle all types of personal injury cases. Reach out to our office to get help from a personal injury lawyer in California.
Serious Accident Injuries and How They Affect Your Life
It’s important to you to recover compensation for your accident because your injuries have probably changed your life. Even temporary injuries can require months of recovery time and could result in job loss, loss of wages, mental distress, and financial losses.
A permanent injury could result in mobility loss, inability to work, chronic pain, post-traumatic stress disorder (PTSD), ongoing medical treatment, and much more.
Let’s take a look at some serious injuries and how they impact your life.
- Traumatic Brain Injury – A head injury could limit your job prospects and your enjoyment of life. The inability to work could harm your financial stability.
- Spinal Cord Injury – Spine injuries can be permanent and result in partial or total paralysis. A spine injury could limit your employment prospects and hinder your financial freedom.
- Internal Injuries – Damage to organs and major body systems could affect your health for the rest of your life.
- Burn Injuries – Burns can cause severe scarring and disfigurement. They can also cause nerve and tissue damage, affecting your coordination and motor skills.
- Broken Bones – Broken bones take months to heal, meaning lost wages and an inability to enjoy your life fully. Some broken bones don’t heal properly, which could cause pain and limited mobility.
- Loss of Limb – The loss of a limb could be excruciating, and you could experience mental trauma. You may require the use of a mobility-assisting device and may be unable to work certain types of jobs.
Because of all of the negative ways injuries affect your life, it’s important for you to receive fair compensation. Monetary compensation allows you to pay for financial losses. It also helps you overcome the setbacks an injury could cause in your life.
How a California Personal Injury Attorney Can Help
There are several reasons to hire a personal injury lawyer when you’re filing a personal injury claim. We will perform many tasks on your behalf, which allows you to concentrate on your physical and mental recovery and overall well-being.
Here are some of the important tasks your California lawyer can perform for you:
- Investigate the accident and gather evidence that proves what happened plus who is liable for damages.
- Add up all of your damages, including monetary and non-monetary damages.
- Complete claim paperwork on your behalf. Put your entire case together and submit it to the at-fault party’s insurance company.
- Deal with insurance companies. Negotiate with them in an effort to get you the fair compensation you’re looking for.
- Get financial compensation for you through case mediation or through the civil court system.
- Give you legal advice intended to help your case reach a successful outcome.
The above describes just some of the many ways your lawyer can help you. Our firm wants to see you get justice and funds for an accident caused by someone else’s thoughtless or wrongful actions.
Financial Compensation for a Personal Injury
Personal injuries cause a number of life hardships for victims. For instance, you are likely going to suffer from physical pain, mental trauma, financial costs, and scarring. There is no way to take back what happened to you. The only thing you can do now is move forward.
Sometimes, the best way to move forward after an accident is to get justice and financial compensation.
You need justice to give you closure so you can put this accident behind you. You need financial compensation to pay for all of the losses you suffered. Without compensation, you could struggle financially for years following an accident.
Your personal injury attorney in California can assist you in your efforts to find the justice you need and the compensation you deserve.
You could be compensated through a successful case settlement or court award for the following damages:
- Pain and suffering
- Medical costs
- Lost life enjoyment
- Mental distress and cost of treatment
- Rehabilitation services
- Scarring and disfigurement
- Lost income
- Lost ability to earn a living
- Permanent disability
