The state of California has several laws, rules, and regulations surrounding personal injuries. If you’ve been injured, you may hope and assume you have a basis for a personal injury lawsuit. It is certainly possible that you do.
California Personal Injury Laws
Personal injury laws in California govern a wide range of cases where individuals seek compensation for injuries caused by the negligence or wrongdoing of others. Here are some key aspects of California’s personal injury laws:
Statute of Limitations: In California, there is a statute of limitations that sets a time limit for filing personal injury lawsuits. In most cases, you have two years from the date of the injury to file a lawsuit. However, there are exceptions, and the timeline may vary depending on the specific circumstances, so it’s important to consult with an attorney to determine the applicable deadline.
Comparative Negligence: California follows a comparative negligence system, specifically a “pure comparative negligence” rule. This means that if you are partially at fault for an accident, you can still recover compensation for your injuries, but your damages will be reduced by the percentage of your own fault. For example, if you were found to be 20% at fault for an accident and your damages were $10,000, you would receive $8,000 (80% of $10,000).
Strict Liability: California has strict liability laws in certain cases, such as dog bite cases and product liability cases. In dog bite cases, the owner is typically liable for injuries caused by their dog, regardless of the dog’s prior behavior. In product liability cases, manufacturers, distributors, and retailers can be held strictly liable for injuries caused by defective products.
Damages: Personal injury plaintiffs in California can seek various types of damages, including economic damages (such as medical expenses and lost wages) and non-economic damages (such as pain and suffering). There are no statutory caps on non-economic damages in most personal injury cases.
Premises Liability: Property owners in California have a duty to maintain safe premises for visitors. If someone is injured due to a dangerous condition on the property, the property owner may be held liable.
Medical Malpractice: Medical malpractice cases in California are subject to specific laws and procedures. Plaintiffs must adhere to a pre-litigation process, including obtaining expert opinions, before filing a lawsuit.
Government Liability: If your injury involves a government entity or employee, special rules and deadlines apply. You typically have six months to file a claim against a government entity in California.
Contact 1-800-Injured After Your Accident
If you or someone you know has suffered a personal injury in California, it’s crucial to consult with a qualified personal injury attorney who is familiar with our state laws in order to understand your rights and pursue a valid claim for compensation based on the specific circumstances of the injury.
We can help you do so. 1-800-Injured is a medical and attorney referral network. As a referral network for California personal injury victims and attorneys alike, we connect our clients with experienced professionals who can help them with their unique personal injury needs. Following an initial consultation with our team, we reach out to our network in order to find an attorney who is ready and willing to take the case as soon as possible.