California personal injury laws usually give individuals two years from the date of the injury to file a lawsuit against the responsible party, known as a statute of limitations. Though, there are specific deadlines depending on the type of case you are filing.
For example, claims against a city, county, or California state government agency must be filed within six months of the injury. If you fail to file a claim within the proper time limit, the court will likely refuse to hear your case. If you are unsure about the statute of limitations on your injury, contact 1-800-THE-LAW2 for a free consultation with a personal injury lawyer.
Determine the Threshold for Your Case
In California, personal injuries are divided into three main categories, which determine whether the “threshold” has been met for a valid claim:
- Intentional (where someone intended the injury);
- Negligence (where by lack of ordinary care an injury occurs); and
- Strict Liability (where an individual or company is liable whether the conduct was intentional or negligent).
Common Personal Injury Cases
Wrongful Death – The most extreme type of case as a death occurs due to the negligence of another. Under current California personal injury laws, the victim’s survivors such as a spouse, child, or parent can pursue the claim.
Slip and Fall – Injuries usually occur in public establishments such as restaurants and retail stores when wet floors are not properly identified with signs.
Auto Accidents – Injuries are due to the negligence of others while driving. Cases range from fender benders to extreme cases of traumatic injury, and even wrongful death.
Premises liability – Involve injuries that occur on the property of another person or establishment.
Medical Malpractice – The court determines whether the doctor exercised a degree of care and skill normally exercised by a physician of like experience and education in the community.
Product liability – Those who make products are liable to those who are injured as a result of the products.
Dog Bites – There is a zero tolerance for dog bites and California has made this category a strict liability offense – holding the dog owner liable regardless of whether the owner was careless or not.
Workers’ Compensation – If an employee is injured during the scope of employment, his employer will be liable to compensate the injured party for the injury.
Caps on Personal Injury Awards in California
In Workers’ Compensation cases, there are specific caps prescribed by the California Workers Compensation Code that limit the recovery of an injured employee depending on the circumstances. For this reason, employers who actively employ individuals are required to have worker’s compensation insurance to bear the cost of such injury.
In the event of a jury trial, many judges have the authority to reduce verdicts in situations where they feel the verdict does not properly compensate or over-compensates a party for his or her injuries.
After a work injury work with an experienced attorney to present a strong case. Call 1-800-THE-LAW2 today for your free initial consultation.