Personal Injury Law in California
Injuries and death are earth shattering. We understand. If you or a loved one has been injured, it’s likely that your entire world has been turned upside down and you’re wondering what the future will hold and how you will pay your bills.
California law has an answer. The court system can’t reset the hands on your watch and prevent the injury, but it can do its best to make it up to you through financial compensation so your medical bills are paid and lost wages and benefits are reimbursed. Other losses are compensated as well.
The legal system’s goal is to put you in the place you would have been if the accident hadn’t happened. A California personal injury attorney will navigate the legal, medical, and insurance systems on your behalf and get you the money you need and deserve.
Your personal injury lawyer will provide the specifics applicable to your case, but in the meantime, we’ll discuss:
- The kinds of cases that California personal injury lawyers handle.
- What you need to prove in a personal injury case.
- Why you should call a lawyer immediately.
- How to find a California personal injury attorney.
Would a California Personal Injury Attorney Handle My Case?
Fortunately, California PI attorneys always give free consultations, with no commitment required, so you can find out if you have a case without paying a fee.
Here are some of the cases California personal injury attorneys handle.
- Motor Vehicle Accidents. Motorcycle, car, truck, golf cart, cruise line, construction zone, RV, boat, ATV, amusement park ride, mass accidents, bicycle, and pedestrian accidents.
- Defective Products. Defective power tools, chemicals, equipment, cars, hair dryers, medications, vacuum cleaners, machines, saws, tools, appliances, and kitchen tools.
- Injuries. Death, birth injuries, brain injuries, adverse drug reactions, food-borne illnesses, dog bites, burns, lacerations, scars, bruises, broken bones, fractures, nursing home abuse injuries, medical malpractice injuries, slip and falls injuries, and Mesothelioma (i.e. cancer).
If you were injured on the job, you’re likely covered by Workers Compensation insurance and you may not need a personal injury lawyer.
- If you aren’t getting your benefits or you’re being forced back to work too soon, a NY PI lawyer can help you get the benefits you deserve.
- If you were injured by a dangerous or defective product, you need to have your case evaluated by a NY PI lawyer.
How Do I Prove My California Personal Injury Case?
There are other theories of liability, but in California, negligence is the most common in a PI case.
- First, you need to show that the defendant didn’t act as a reasonable person and breached a duty to you.
- Second, you need to show the breach of duty caused you injury.
- Third, you need to show the injuries are legal damages (i.e. medical bills and lost wages).
Why Should I Call a Personal Injury Lawyer Immediately?
- ASAP.
- Witness memories fade and physical evidence can disappear as weather conditions change, road signage is replaced, items are moved, and skid marks fade away.
- The other people involved in the injury may already have a lawyer.
- Insurance companies will contact you immediately. Don’t talk to them.
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You need to file your case within the legal time limit.
Here are some example California statute of limitations for personal injury cases:
- Medical Malpractice is 1 year or 3 years, depending on when the injured person discovers the injury (Cal. Civ. Proc. Code В§ 340.5).
- Personal Injury is 2 years (Cal. Civ. Proc. Code В§ 335.1).
- Wrongful Death is 2 years (Cal. Civ. Proc. Code В§ 335.1).
- Property Damage is 3 years (Cal. Civ. Proc. Code В§ 338).
How Do I Find a California Personal Injury Attorney?
To find a California personal injury lawyer, search our site, www.attorneys.org, or ask the bar association or a loved one for a referral.