What is considered personal injury in California?

Personal injury is a legal term used to describe physical, emotional, or psychological harm suffered by an individual due to the negligence or intentional actions of another party. In California, personal injury law is designed to protect the rights of injured individuals and provide them with legal recourse to seek compensation for their losses.

Types of PI Cases

Personal injury cases in California can encompass a wide range of accidents, incidents, and circumstances. Some common examples of personal injury cases include:

Motor vehicle accidents. When a person is injured in a car accident caused by the negligence of another driver, they may have a personal injury claim. This includes accidents involving cars, motorcycles, trucks, pedestrians, or bicycles.

Slip and fall accidents. If a person suffers injuries due to a hazardous condition on someone else's property, such as a wet floor or uneven surface, they may be able to file a personal injury claim against the property owner or occupier.

Medical malpractice. When a healthcare professional's negligence or misconduct causes harm to a patient, such as surgical errors, misdiagnosis, or medication mistakes, it may give rise to a medical malpractice claim.

Product liability. If a defective product causes injuries or harm to a consumer, the injured person may have grounds for a personal injury lawsuit against the manufacturer, distributor, or seller of the product.

Dog bites. California has strict liability laws regarding dog bites, which means that dog owners can be held responsible for injuries caused by their pets, regardless of whether the owner knew about the dog's aggressive tendencies.

How Do I Pursue an Accident Claim?

Personal injury law in California is governed by statutes and legal principles that determine the rights and responsibilities of the parties involved. One crucial aspect of personal injury law is the statute of limitations, which sets a time limit for filing a lawsuit. In California, the statute of limitations for most personal injury cases is two years from the date of the injury. However, there are exceptions and variations depending on the type of case, such as claims against government entities, medical malpractice cases, or cases involving minors.

To pursue a personal injury claim in California, you should speak with a personal injury attorney who specializes in this area of law. A personal injury attorney can provide guidance and legal representation throughout the entire process, from evaluating the viability of the claim to negotiating a settlement or litigating the case in court.

The role of a personal injury attorney is to advocate for the injured person's rights and seek fair compensation for their losses. They gather evidence, interview witnesses, and consult with experts to establish the defendant's negligence or fault. Personal injury attorneys also help calculate the damages suffered by the injured party, which may include medical expenses, lost wages, pain and suffering, emotional distress, and other related losses.

In personal injury cases, there are two main types of damages that may be awarded:

Economic damages. These are quantifiable monetary losses resulting from the injury, such as medical bills, rehabilitation costs, property damage, and lost wages or earning capacity.

Non-economic damages. These damages compensate for intangible losses, including pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life. Non-economic damages can be more challenging to quantify as they do not have a specific monetary value.

In certain cases involving egregious conduct, punitive damages may also be awarded. These damages are intended to punish the defendant and deter similar behavior in the future.

It's important to note that each personal injury case is unique, and the outcome depends on various factors, including the strength of the evidence, the extent of the injuries, and the skill of the legal representation. Consulting with a personal injury attorney is crucial to understand the specific laws and regulations that apply to your case and to ensure that your rights are protected.

Contact Us Today

If you or someone you know has suffered a personal injury in California, MVP Accident Attorneys is here to help. We offer free consultations to evaluate your case, provide legal advice, and determine the best course of action. Contact our office today to schedule your consultation and learn how we can assist you in pursuing your personal injury claim.