10 FAQs and Answers to California Personal Injury: What You Need to Know

Each state has its dedicated laws and regulations guiding personal injury claims, including the statute of limitations. Therefore, it is essential that you know and understand the personal injury laws in your jurisdiction before filing a claim. Below are some frequently asked questions about California personal injury that you should know.

• What is a California Personal Injury Claim?

A California personal injury claim refers to a lawsuit where the plaintiff (injured party) files a claim against the defendant (at-fault party).  The defendant is typically accused of causing the injured party’s injuries and the resulting damages. “The essence of a personal injury claim is to help the plaintiff receive compensation for the harm they suffered because of the defendant,” says personal injury Attorney Kyle Valero of Valero Law Group Injury Lawyers.

• What are Some Types of California Personal Injuries?

There is a long list of injuries captured in the California personal injury law that claimants can sue for. Some examples of personal injuries in California include vehicle (car or truck) accidents, slips and falls, property damage, and defective products. Also, medical malpractice, wrongful death, defamation, pollution injury, defective drug or medical device, and workplace accidents are types of California personal injuries.

• What Damages Can You Recover in a California Personal Injury Lawsuit?

More often than not, a personal injury claimant can pursue economic and non-economic damages in the lawsuit. Economic damages are the quantifiable financial losses while non-economic damages are losses you cannot assign a dollar value such as pain and suffering. The third type of damages, punitive damages, is rarely awarded; they are intended to punish the defendant and deter future similar acts.

• Should You Accept the Settlement Offer an Insurance Company Offers?

In most cases, when an insurance company offers you a settlement, regardless of how high the amount seems, it is less than you deserve. Insurance companies are all about profit, and the more they can delay, refuse, or reduce your compensation, the better for them.

• Is There a Deadline for Filing?

California, like every other state, set a statute of limitations for filing a personal injury case, which is two years from the accident date. However, there are instances where the statute of limitations is delayed – such as in cases where the victim is a minor. Also, the time limit for filing a California personal injury case may be longer if it is against a government entity.

• Should You Expect Your Insurance Company to Cover Your Expenses?

Theoretically, if you were in an accident caused by the other party, your insurance company should work with theirs to cover your expenses. However, in reality, the other insurance company may refuse to acknowledge their client’s liability, in which case your insurer’s hands are tied.

• Do You Have to Appear in Court?

Civil cases rarely go to trial in California; most of them are settled out of court. You do not have to appear in court for your personal injury case unless the defendant refuses to accept their fault.

• How Can You Prove Fault in Your Case?

To obtain compensation in a California personal injury case, you need to establish the fault of the defendant. Proving fault means demonstrating that the defendant owed you a duty of care and breached it, causing your injuries and resulting in actual damages.

• When Should You Retain a Personal Injury Lawyer in California?

The complexity of your claim and severity of injury that occurred will ultimately determine whether or not you need a lawyer. You should consult an attorney if you do not understand the peculiarities of your claim or are unsure of the outcome of your injury.

•  How Much Does it Cost to Retain a Personal Injury Attorney in California?

Personal injury attorneys in California often take a case without payment upfront, especially if they believe it has merit. That means they work on a contingency basis, with contingency fees ranging between 25 and 40 percent of your compensation award.

Conclusion

If you have a personal injury claim in California, a California personal injury attorney may be the best source of information. Nevertheless, these questions cover most of all you need to know about personal injury claims in California.