If you have been injured in an accident, you may have many questions about your rights and what to do next. Below, we answer some of the most common questions about personal injury law in California.
What Is A Personal Injury?
A personal injury happens when someone is harmed due to another party’s negligence, recklessness, or intentional actions. Personal injury law allows the injured person to seek compensation from the responsible party. This area of law is also called tort law because it’s based on a tort or a civil wrong that directly harms an individual.
What Are Common Types Of Personal Injury Cases?
There are three main types of personal injury cases based on different types of torts or the underlying action that gives rise to a claim.
Negligence
This means the responsible party did not act with reasonable care, leading to an accident that caused injury to another. Examples include:
- Car accidents caused by careless or reckless driving, such as speeding, distracted driving, or drunk driving
- Motorcycle accidents
- Pedestrian accidents
- Premises liability cases, including negligent security and slip and fall accidents
- Medical malpractice
- Nursing home neglect
Most personal injury cases involve negligence of some kind.
Intentional Torts
An intentional tort happens when someone purposely harms another person. Examples of these cases include battery, sexual assault, and false imprisonment.
Strict Liability
Some cases do not require proof of negligence or intent. In strict liability cases, the responsible party is liable for damages caused by their actions. The two most common examples are:
- Product liability cases involving defective or dangerous products that cause injury
- Dog bite cases, where the owner is responsible even if the dog had never bitten anyone before
These cases usually focus on the nature of a product or activity.
What Is Comparative Fault?
Comparative fault is a legal rule that reduces compensation based on your share of fault for an accident. California’s pure comparative fault rule allows injured plaintiffs to recover damages even if they are partially liable.
If your damages from a car accident are $150,000 but you are assigned 20% fault for speeding, your recovery will be limited to $120,000. If you are found 70% at fault, you cannot recover more than $45,000.
What Types Of Damages Are Available In Personal Injury Cases In California?
If you win your personal injury case, the at-fault party is responsible for paying compensatory damages to make you as whole as possible. There are two types of compensatory damages.
Economic damages or special damages compensate for your tangible financial losses, such as:
- Current and future medical costs
- Lost wages
- Reduced future earning capacity
- Property damage
- Out-of-pocket costs
Non-economic damages or general damages compensate for personal, intangible losses. These damages are sometimes referred to as pain and suffering. You may be entitled to compensation for the physical, emotional, and psychological toll of your accident.
How Long Do I Have To File A Personal Injury Lawsuit In California?
In California, the deadline to file a personal injury lawsuit is usually within two years of your accident. If you miss this deadline, you may lose your right to compensation.
There are some exceptions to the general statute of limitations. If the injury was not discovered right away, the clock starts when you reasonably should have known about it. This is often important in cases involving medical errors, injuries that develop over time, or hidden injuries.
In medical malpractice cases, you have just one year from the date of discovering your injury to file your case. The deadline may be paused or tolled for up to three years if your injury was not discovered due to fraud or concealment, or involved a foreign object left in the body.
If you have a claim against a government entity in California, you must file a claim with the agency within six months of injury. You have six months from the date of a denial of claim to file a lawsuit, or two years from the date of your injury if the government denies your claim or fails to respond within 45 days.
How Long Will It Take To Settle My Case?
The timeline for settling a personal injury case varies. Some cases settle in a few months, while others take years, especially if they go to trial.
Factors that can affect how long a case takes include:
- Complexity of the case
- Whether liability is disputed
- The severity of your injuries
- The insurance company’s willingness to negotiate
While you may be tempted to accept a settlement offer early in the process, the insurance company is likely to undervalue your losses with a lowball offer. You have only one chance to recover compensation, as any settlement agreement will be final. A personal injury lawyer can help you negotiate for a fair offer as quickly as possible that maximizes the compensation you receive.
Contact Our Encino Personal Injury Lawyers to Schedule a Free Consultation
If you were injured because of someone else’s actions, you may have a personal injury case. JUSTICENTER Personal Injury Lawyers is here to help. Contact us today or call us at 833-852-3600 for a free consultation and to learn more about your legal options.
