If you have faced any injury or loss due to negligence of others, do know your right and file a case for a personal injury claim. In California, a person must pay for his faults and damages as he can not escape his mistakes. At Sunset West Legal Group, our personal injury lawyer is available to help you and your family during this tricky phase.
Personal injury law in California covers a wide range of situations where someone is injured due to another party’s negligence or intentional act. It establishes a legal framework for imposing a legal obligation on others for injuries caused due to the reckless, careless, or deliberate acts or omissions of others. Knowing your rights is crucial if you or your family is involved in any personal injury cases. The compensation is awarded for economic and non-economic damages based on situations and circumstances. Some of the most common types of personal injury cases in California include:
- Auto accidents: This is California’s most common type of personal injury case. If you are injured in a car accident, you may be able to recover damages from the other driver, their insurance company, or both.
- Slip and falls: If you are injured in a slip and fall accident, you may be able to recover damages from the property owner or manager.
- Dog bites: If you are bitten by a dog, you may be able to recover damages from the dog’s owner.
- Medical malpractice: If you are injured by a doctor or other healthcare provider, you may be able to recover damages for medical expenses, lost wages, and pain and suffering.
- Premises liability: If you are injured on someone else’s property due to a dangerous condition, you may be able to recover damages from the property owner.
If you want to know more about eligibility criteria for personal injury claims, please visit our blog:
In addition to these common types of personal injury cases, California law also covers a wide range of other situations, such as:
- Product liability: If you are injured by a defective product, you may be able to recover damages from the manufacturer or seller of the product.
- Wrongful death: If you are the survivor of someone who was killed due to another party’s negligence or intentional act, you may be able to recover damages for your loss.
- Insurance bad faith: If your insurance company denies your claim or fails to pay your claim on time, you may be able to recover damages for bad faith.
If you have been injured in any of these situations, you should speak with an experienced personal injury attorney to discuss your legal rights. An attorney can help you understand the law, gather evidence, and file a claim for damages. It is essential to collect evidence as the responsibility is on the shoulders of the plaintiff so that it could have the compensation he deserves.
The California Personal Injury Claim Process in 8 Key Steps
1. Make Sure You Have the Right to Sue
2. Figure Out Where to File
3. Send a Demand Letter
4. Build Your Complaint
5. Beat the Clock
6. Review the Evidence
7. Negotiate for a Settlement
8. Head to Trial
The jury and judge will decide the outcome of the case regarding the compensation that will be awarded based on the damages and injuries. Evaluation of circumstances and situations will also be ascertained.
Here are some of the most important laws that may impact your personal injury claim in California:
- Statute of limitations: This is the time limit or time boundations within which you must file a personal injury lawsuit. In California, According to Sections 335.1 and 340 of California’s Code of Civil Procedure, the statute of limitations for most personal injury claims is two years. If an individual fails to file compensation within the specific time period, their claim will be barred forever.
- Comparative fault: This is a legal rule that says that your damages will be reduced in proportion to your own negligence. For example, if you are 20% at fault for an accident, your damages will be reduced by 20%.
- Damage caps: California has no limits on economic damages in personal injury lawsuits. Victims can receive compensation for the value that has been damaged or affected. The compensation paid to victims for physical and mental injury is not restricted to particular limitations. However, there are limits on non-economic damages, such as pain and suffering.
If you have been injured in a personal injury accident, it is important to speak with an experienced attorney as soon as possible. An attorney can help you understand your legal rights and options and can help you file a claim for damages. If you want to know more about Personal Injury Claims, Sunset West Legal Group is here to help. Our handful approach will ensure you get your desired compensation while focusing on your recovery. We aim to provide justice to you with our effective litigators who know how to win.