California personal injury laws enable injured individuals to recover compensation from the liable parties that initially caused them injury. Navigating the legal complexities of the personal injury filing process, negotiations, evidence collection, and more can be easier when you have an experienced California personal injury lawyer at your side. However, also understanding basic California personal injury laws can give you a leg up when it comes to seeing a successful claim through. Keep reading to learn more about personal injury, the laws every plaintiff should know, and how a California personal injury attorney can help your case!

What Constitutes a Personal Injury Incident? 

According to the National Safety Council, an American is accidentally injured every second and killed every three minutes by a preventable event. Preventable events are defined as incidents that could have been avoided but occurred due to an omission of care, error, or failure. Personal injury incidents typically occur because one party acted in a neglectful or reckless manner, failing to uphold a duty of care that ultimately resulted in the injuries or death of another person. Common personal injury incidents include:

• Car accidents
• Commercial injury accidents
• Product defects  
• Premises liability  
• Construction accidents
• Catastrophic injuries  
• And more

Do Victims Get Compensation in Personal Injury Accidents? 

Sometimes, yes. Personal injury claims can help injured victims recover compensation for medical bills, lost wages, or long-term needs related to their injury. If you or a loved one has been injured by the recklessness of another person, you may be able to obtain compensation, too. While monetary compensation cannot change the painful symptoms of injuries and permanent life alterations that may have occurred, it can serve to relieve the expenses that become a burden for recovering victims. Compensation a California personal injury lawyer can pursue may be used to cover:

• Past and future medical expenses
• Physical therapy and rehabilitation
• Mental trauma 
• Loss of wages
• Disability 
• Pain and suffering 
• Punitive damages (awarded to penalize the defendant for their actions)

Common California Personal Injury Laws

If you choose to pursue a California personal injury claim, it’s important to research how. Understanding some of the basic California personal injury laws can make a difference when it comes to the strength of your case. Some of the most important personal injury laws in the state of California every potential plaintiff should know include: 

Statute of Limitations

Personal injury cases have a statute of limitations, which is essentially a deadline for plaintiffs to file their personal injury claim. Any attempts to file a claim after the statute of limitations in California will not be compensated. The statute of limitations for personal injury cases are two years from the date of injury for most cases, but this can change depending on the type of personal injury claim. For example, medical malpractice injury lawsuits should be filed within a year since the date the plaintiff knew or should have known about the injury, or three years from the date of the injury.

Established Negligence

The basis of every personal injury claim is being able to prove negligence was a direct cause of the injuries being stated in the claim. Proving negligence in a personal injury claim comes down to establishing the liable party had a duty of care to uphold; there was a breach in this duty of care, and injuries were sustained as a direct result. When it comes to who could be held liable in a personal injury case, a California personal injury lawyer can aid you throughout the process.

Comparative Negligence 

The state of California is a comparative negligence state, which can help injured defendants who had some degree of fault in an accident. If a plaintiff was found to have partial fault for an accident that caused their injuries, the court assigns them a percentage of fault that also affects their compensation amount. For example, a plaintiff who is deemed 40% at fault for the personal injury incident would proceed to have their compensation amount reduced by 40% as well. 

How Can a California Personal Injury Lawyer Help? 

Working with a California personal injury attorney can help bring your claim to further success, as one study showed 91% of people with legal representation received a personal injury settlement in comparison to 51% of unrepresented individuals. Many people forego legal representation to save money, but this can often be an obstacle when it comes to maximizing potential compensation, navigating the legal complexities of a personal injury case, and of course, having a dedicated legal advocate on your side while you focus on healing from your injuries. A diligent attorney who understands California personal injury laws can provide you with insight and knowledge to hold liable parties accountable.  

A California personal injury lawyer can collect evidence, head negotiations, speak with the defendant and their insurance as needed, and provide you with legal advice as you work to get back on track after a devastating injury. Turning to a trusted personal injury attorney in California, such as the team from BD&J, can allow you peace of mind during the claims process.