California Personal Injury Law: The Basics

Personal injury is a much nuanced area of the law; in the state of California this is particularly so. However, even though many aspects of personal injury law vary from state to state, there are some commonalities. In general, all personal injury attorneys handle tort laws cases and provide legal representation to persons who claim to have been physically, psychologically, or financially injured due to the action of another person. These types of cases could involve anything from medical malpractice to defective products to bike and car accident, etc.

What are Personal Injuries?

In California, personal injuries are divided into three categories that determine whether the “threshold” has been met – Intentional, Negligence and Strict Liability. In cases of negligence, several things must be proven (1) a duty was owed to another, (2) that duty must have been breached in some way or another, (3) that breach must be both the actual and proximate cause of injury (4) there must be some degree of damages. Strict liability is where an individual is liable whether the conduct was intentional or negligent. Finally, intentional is where someone intended the injury that occurred

The Statute of Limitation

The statute of limitations for filing a personal injury claim in the state of California is two years. For medical malpractice the limit is three years. In California, if you believe you have a case it is crucial that you find a personal injury attorney in California who can advise you as to your rights. If you have waited too long to file, it could mean the end of your case before it even begins.

Injury and Damage Limits

Damages awarded to victims of personal injuries in California fall into two basic categories – economic damages and non-economic damages. Economic damages are out-of-pocket damages that can be documented such as medical bills, medical expenses, car repair bills, etc. On the other hand, non-economic damages are of an intangible nature. This covers things like pain and suffering, inconvenience, etc.

Before you hire an attorney, make sure that he/she is familiar with the applicable laws in your state. At Daniels Law you can retain the best California litigation attorney to familiarize you with all aspects of personal injury law in California. Our offices can provide you with a Los Angeles attorney who has the necessary knowledge and skills that could mean the difference between winning and losing or even getting your case to court.

 

Bill Daniels is a trial lawyer and shareholder with the law firm of DANIELS LAW in Sherman Oaks, CA.  A graduate of Loyola Law School of Los Angeles, he is a former member of the Consumer Attorneys Association of Los Angeles Board of Governors, a founding member of Loyola’s Civil Justice Program and a past president of the Encino Lawyers Association.  Since 2007, he has been named a Southern California “Super Lawyer” by Los Angeles Magazine.  Mr. Daniels focuses his practice on serious personal injury, insurance and employment. For information, visit our website at www.daniels.legal or contact us through e-mail: Info@danielslaw.com.