Injury Laws in California

If you have been injured in an accident in California, you may be wondering what your rights and options are. California accident and injury laws cover a wide range of situations, including car accidents, slip and falls, medical malpractice, product liability, dog bites, wrongful death, and more. Here are some key points to know about California accident and injury laws:

Fault and Liability

California follows a “pure comparative negligence” rule, which means that you can recover damages from another party even if you were partly at fault for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you were 30% at fault for a car accident that caused $10,000 in damages, you can only recover $7,000 from the other driver.

The party who caused the accident is generally liable for the damages, but there may be other parties who share the responsibility. For example, if a defective product caused your injury, you may be able to sue the manufacturer, the seller, or the distributor of the product. If a dog bit you, you may be able to sue the owner or the person who had custody of the dog.

Statute of Limitations

A statute of limitations is a deadline for filing a lawsuit. In California, you have two years from the date of the injury to file a personal injury lawsuit. However, there are some exceptions and extensions that may apply depending on the circumstances. For example, if you did not discover your injury until later, you have one year from the date of discovery to file a lawsuit. If the defendant is a government entity, you have six months to file a claim with the government before filing a lawsuit.

You also have three years from the date of the accident to file a property damage lawsuit. This applies to damage to your car or other belongings. If you miss the statute of limitations, you may lose your right to sue.

Damages

Damages are the monetary compensation that you can recover from a lawsuit. In California, there are two types of damages: economic and non-economic.

Economic damages are the tangible losses that you can calculate, such as medical bills, lost wages, property damage, and future expenses.

Non-economic damages are the intangible losses that you cannot easily measure, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

There is no cap or limit on economic or non-economic damages in California for most personal injury cases. However, there are some exceptions for medical malpractice cases and punitive damages.

Medical malpractice cases have a cap of $250,000 on non-economic damages. This means that no matter how severe your injury or how much pain and suffering you endured, you cannot recover more than $250,000 in non-economic damages from a medical malpractice lawsuit.

Punitive damages are an additional type of damage that is meant to punish the defendant for malicious or reckless conduct. Punitive damages are not available in every case and require clear and convincing evidence of wrongdoing. There is no fixed formula for calculating punitive damages in California, but they must be reasonable and proportionate to the harm caused by the defendant.

Fault and Negligence

California follows a pure comparative negligence rule when it comes to determining fault and liability for accidents and injuries. This means that you can recover damages from any party that was partly or wholly responsible for your injury, regardless of your own degree of fault. However, your recovery will be reduced by your percentage of fault. For example, if you were 30% at fault for a car accident that caused you $100,000 in damages, you can still recover $70,000 from the other driver, who was 70% at fault.

To prove negligence, you need to show four elements:

• The defendant owed you a duty of care.
• The defendant breached that duty of care.
• The breach caused your injury.
• You suffered damages as a result.

The duty of care varies depending on the type of accident or injury. For example, drivers have a duty to drive safely and follow traffic laws; property owners have a duty to maintain their premises in a reasonably safe condition; and manufacturers have a duty to make and sell safe products.

Insurance Requirements

California requires drivers to carry minimum amounts of liability insurance to cover bodily injury and property damage that they may cause to others in a car accident. The minimum limits are:

$15,000 per person for bodily injury; $30,000 per accident for bodily injury; and $5,000 per accident for property damage.

However, these limits may not be enough to fully compensate you for your damages if you are injured by another driver. Therefore, it is advisable to purchase additional coverage such as uninsured/underinsured motorist coverage (UM/UIM), which can protect you if the other driver has no insurance or insufficient insurance.

If you are involved in a car accident in California, you must report it to the police or the California Highway Patrol if anyone was injured or killed or if there was more than $1,000 in property damage. You must also report it to your insurance provider.

Legal Help

Accident and injury cases can be complex and challenging to handle on your own. You may face difficulties proving fault, calculating damages, negotiating with insurance companies, or meeting deadlines. That is why it is advisable to consult a qualified personal injury lawyer who can help you protect your rights and interests.

A personal injury lawyer can help you:

Investigate the cause and circumstances of your accident. Gather evidence and witnesses to support your claim.
Evaluate your damages and losses.
– File a claim or a lawsuit within the statute of limitations
– Negotiate with the other party or their insurance company; – Represent you in court if necessary; – Obtain a fair and favorable settlement or verdict

If you have been injured in an accident in California, do not hesitate to contact a personal injury lawyer near you. Most personal injury lawyers offer free consultations and work on a contingency fee basis, which means that they only get paid if they win your case.