Personal injury laws in California are meant to help people recover compensation for injuries they sustain due to the negligence or intentional actions of others. If you’ve been injured due to someone else’s fault in California, you may be wondering what your legal options are. In this guide, we’ll break down everything you need to know about California personal injury laws.
Table of Contents
What is a Personal Injury?
Before we dive into the legal details, it’s important to understand what a personal injury is. A personal injury is any physical or mental harm that a person suffers as a result of someone else’s wrongful conduct. This includes things like:
- Car accidents
- Slip and falls
- Dog bites
- Medical malpractice
- Product liability
- Assault and battery
If you’ve been harmed due to someone else’s fault and you believe you have a personal injury case, it’s important to speak with a personal injury lawyer in California as soon as possible.
Statute of Limitations
In California, there is a statute of limitations for personal injury claims. This means that you only have a certain amount of time to file a lawsuit after your injury occurs. The statute of limitations for most personal injury claims in California is two years from the date of the injury. However, there are exceptions to this rule, so it’s important to consult with a personal injury attorney to determine the specific time limit for your case.
Comparative Fault
California follows a comparative fault system, which means that even if you were partially responsible for your own injury, you may still be able to recover compensation for your damages. The amount of compensation you can receive will be reduced in proportion to your own degree of fault. For example, if you were found to be 25% at fault for your injury and the other party was 75% at fault, you would only be able to recover 75% of your total damages.
Types of Damages
If you are successful in your personal injury case, you may be able to recover several types of damages. These can include:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
An experienced personal injury attorney can help you determine the appropriate types and amount of damages to pursue in your case.
Finding a Personal Injury Lawyer in California
If you’re considering filing a personal injury claim in California, it’s important to hire a lawyer with experience in this area of law. Here are a few tips for finding the right attorney:
- Look for a lawyer who specializes in personal injury law
- Check their track record of success in similar cases
- Schedule a consultation to discuss your case
During your consultation, make sure to ask about the lawyer’s fee structure and any expenses you may be responsible for. Many personal injury lawyers work on a contingency fee basis, which means they only get paid if you win your case.
Conclusion
Navigating the legal system can be intimidating, especially when you’re dealing with a personal injury. By understanding the basics of California personal injury laws and working with an experienced attorney, you can protect your rights and recover the compensation you deserve.