Frequently Asked Questions
What is Personal Injury in California generally?
Common personal injury cases include:
- Car, truck, motorcycle, and bicycle accidents
- Slip and fall accidents
- Medical malpractice
- Dog bites and animal attacks
- Product liability (defective products)
- Workplace accidents
- Wrongful death
- Assault and battery
- Construction accidents
What needs to be proven to successfully win a Personal Injury Case?
To succeed in a personal injury claim, the plaintiff generally must prove the following elements:
- Duty of Care: The defendant owed a duty of care to the plaintiff. For example, drivers have a duty to follow traffic laws, and property owners have a duty to maintain safe premises.
Breach of Duty: The defendant breached that duty of care through their actions or inactions. - Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries.
- Damages: The plaintiff suffered actual damages, such as medical expenses, lost wages, pain and suffering, and other related costs.
What if I was partially at fault also? Can I still sue and how does that work?
California follows a comparative negligence system, meaning that if the plaintiff is partially at fault for their injury, their compensation can be reduced by their percentage of fault. For example, if the plaintiff is found to be 20% at fault, their compensation will be reduced by 20%.
What are the different types of compensation I can potentially recover if I was a victim in a personal injury accident?
Victims of personal injury can seek various types of damages, including:
- Economic Damages: These include tangible losses like medical expenses, lost wages, property damage, and future medical care costs.
- Non-Economic Damages: These include intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
- Punitive Damages: In cases of particularly egregious behavior, the court may award punitive damages to punish the defendant and deter similar conduct in the future.
Is there a time limit for me to file a lawsuit in a personal injury case?
The statute of limitations for most personal injury claims in California is two years from the date of the injury. However, there are exceptions, such as medical malpractice cases, which have a different timeline, and claims against government entities, which require filing a notice of claim within six months.
Do I have to go to trial for my personal injury case?
No. Many personal injury cases are settled out of court through negotiations. However, if a fair settlement cannot be reached, the case may go to trial, where a judge or jury will determine the outcome.
How much does it cost to hire a California personal injury attorney?
What if I dont have insurance and can't afford to pay for medical treatment for the injuries I suffered in my California personal injury accident?
If you don't have insurance and can't afford medical treatment for injuries from a personal injury accident in California, consider these options:
- Medical Liens: Healthcare providers may treat you now and get paid from your settlement later.
- Medi-Cal: If you qualify, this state program can cover medical expenses.
- Payment Plans: Some providers offer payment installments.
- Charity Care: Hospitals and clinics may provide free or reduced-cost care.
- Personal Injury Attorney: An attorney can help secure funding or negotiate with providers.
- Community Clinics: These clinics offer services on a sliding scale.
- Settlement Advances: Companies offer advances on settlements, but be cautious of high fees.
- Family and Friends: Consider borrowing money from loved ones.
Address your medical needs promptly and consult with a personal injury attorney to explore all available options.