A person who has suffered a personal injury accident in California can file a lawsuit to recover compensation from the at-fault driver. However, for that to be possible, the injured individual must show that the at-fault party is legally liable. They can do that by gathering evidence, which the court will review and deem enough to make the defendant liable.
This article explains the dynamics of personal injury cases, shedding more light on how these cases are handled. Therefore, if you or a loved one has suffered a personal injury accident in California, this blog will guide you.
Personal Injury Cases: Does Your Case Classify as One?
Many victims of personal injury accidents do not file a claim because they do not know if their case qualifies. Personal injury claims in California encompass a wide range of incidents, including:
- Vehicular accidents involving cars, trucks, and motorcycles
- Animal attack injuries such as dog bites
- Slip and falls
- Falls, abuse, and other injuries in nursing homes
- Workplace injuries, which may be covered by workers’ compensation rather than personal injury
- Premises liability
- Medical malpractice
- Product liability for injuries arising from defective products
Each category of personal injury claims encapsulates various accidents and injuries. Therefore, the best way to be sure is by consulting a California lawyer who understands how the state’s personal injury law works.
Wrongful Death
Wrongful death also falls under personal injury; this type of claim is filed when the injury victim does not survive the accident. Since they cannot file a personal injury claim, their family members can file a wrongful death claim to hold the defendant responsible. In this type of lawsuit, the deceased’s family members can recover compensation for damages such as:
- Loss of benefits
- Loss of support
- Funeral expenses
- Burial costs
How Personal Injury Cases are Handled in California
Many personal injury cases get settled out of court, but the attorney still prepares as if the case will go to trial. Moreover, to receive fair compensation for your losses, you must be willing to go to trial.
Before trial enters the picture, the defendant’s insurer will offer compensation in exchange for you dropping the suit. Insurance companies try to avoid the costs of going to trial by offering you a settlement amount. While taking a settlement is cheaper and less stressful, it may not be the best option, especially if the insurer is lowballing you.
To successfully obtain compensation for damages, you must prove that the defendant was negligent by showing these four factors:
- The defendant owed you a duty of care
- The defendant breached that duty of care
- The defendant’s breach of the duty of care caused your injury
- The injury resulted in quantifiable and rewardable damages
On the other hand, you may not need to prove negligence if the defendant’s actions were intentionally malicious. If the court deems the defendant’s actions not negligent but intentional, they will be strictly liable for your injuries.
Conclusion
“Personal injury claims in California have a deadline, also known as the statute of limitations, that must be referenced when initiating personal injury claims,” says personal injury attorney Harry Nalbandyan of Levin & Nalbandyan LLP. Each state has its unique statute of limitation; in California, it is two years from the date the injury occurred. However, if you did not discover the injury on time, you have one year from the date you discovered it.
Filing your claim even one day late means you lose every right to claim compensation for your injuries. Therefore, you must involve a California personal injury lawyer immediately.
