If you have been hurt in an accident, it’s normal to feel overwhelmed. You may have questions about your rights, what to do next, and whether you need a lawyer. Below are answers to common questions about personal injury law in California to help you understand whether you have a case.
What Is a Personal Injury Case?
A personal injury claim arises when someone is harmed by another’s actions or negligence.
Based on tort law, these cases fall into three types:
- Negligent torts (careless behavior)
- Intentional torts (deliberate harm)
- Strict liability torts (responsibility regardless of intent or negligence)
If someone else caused your injury, they may be legally liable for your financial and non-financial losses.
What Is Negligence?
Negligence means someone didn’t act with the level of care that a reasonable person would have demonstrated in the same situation. It’s a common legal standard in injury cases.
There are four elements of negligence you must prove to win your case:
- The other person had a duty to act with reasonable care
- There was a breach of duty due to their action or inaction
- Their action was the direct cause of your injury
- You suffered real harm due to their conduct
If someone’s careless behavior causes harm, they can be held legally responsible, even if they didn’t mean to hurt anyone.
What Are Common Types of Personal Injury Cases?
A personal injury case can arise after any type of incident that causes injury. The most common types of cases involve:
- Motor vehicle accidents, such as car crashes, truck accidents, and pedestrian accidents
- Dog bites
- Medical malpractice
- Nursing home abuse or neglect
- Premises liability, often involving slip and fall accidents or negligent security
- Product liability cases involving dangerous or defective products
- Workplace accidents when a third party other than the employer is at fault
- Wrongful death
- Assault and other types of intentional torts
If you were injured in any type of accident or due to someone else’s wrongdoing, you may have a personal injury case.
What Is My Personal Injury Case Worth?
The value of your personal injury claim is based on dozens of factors unique to your case, including:
- The cost of your medical treatment and care you will likely need in the future
- Whether you can return to your career or perform any work
- Your age, health, lifestyle, and opportunities for career advancement when you were injured
- How the injury affects your daily life and lifestyle
- The strength of your evidence to prove the other party’s fault
- Insurance policy limits to cover your damages
- Whether you share any blame for your injuries
The financial losses you have suffered are usually the easiest to calculate, but determining future losses and the physical and psychological toll of your injury can be complex. Your attorney may work with specialists to help substantiate and value these damages.
What Damages Can I Recover in a Personal Injury Case in California?
In a successful case, you may recover compensatory damages to cover both economic and non-economic losses.
Examples include:
- Medical bills (past and future)
- Physical therapy
- Lost wages
- Reduced earning capacity
- Property damage
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress
- Loss of companionship
Rarely, punitive damages may be awarded if the defendant acted with malice, fraud, or oppression. These damages are intended to punish people for particularly egregious conduct and deter it from happening again.
Can I Receive Compensation If I’m Partially At Fault for an Accident in California?
California follows a pure comparative negligence rule. Under it, an injured party can recover compensation even if they are found to be mostly at fault for the accident. However, their damages will be reduced in proportion to their share of fault.
For example, if a court determines that a plaintiff is 45% at fault for a car accident and the total damages amount to $100,000, the plaintiff would still be entitled to recover $55,000.
This rule ensures that fault is distributed fairly among all involved parties and encourages courts to assess each party’s actions closely.
How Long Will It Take to Settle My Case?
Some claims settle in a few months. Others take a year or more. The timeline of your case depends on how serious your injuries are, how clear liability is, and whether the insurance company is willing to make a fair offer.
Cases involving catastrophic injuries are more likely to go to trial than cases involving minor injuries. These cases may take several years to recover a settlement or award.
What Does It Cost to Hire a Personal Injury Lawyer in California?
You don’t pay anything upfront to hire a personal injury attorney. We work on a contingency fee basis. You only pay attorneys’ fees if we win your case. Our fee is a percentage of your settlement or court award.
Under this arrangement, you get the legal representation you need now without the financial burden of paying a retainer. If we don’t win your case, you do not owe attorneys’ fees.
How Long Do I Have to File a Personal Injury Lawsuit in California?
In California, you usually have two years from the date of your injury to file a lawsuit. Missing the deadline means you could be barred from any financial recovery.
There are some limited exceptions to this standard statute of limitations. For example, you may have just six months to file a claim against a government entity. You may have more time to pursue money for an injury related to a defective product or medical malpractice.
It’s essential to consult an experienced personal injury lawyer to determine the deadline for your case.
Will I Need to File a Lawsuit and Go to Court?
Most personal injury cases start with an insurance claim. If a fair settlement isn’t reached, your lawyer may recommend filing a lawsuit, especially if the case is complex or liability is disputed.
After filing, both sides exchange evidence during discovery and may try mediation to resolve the case. If no agreement is made, the case may go to trial. However, over 95% of personal injury claims settle out of court before reaching trial.
Schedule a Free Consultation With Our California Personal Injury Lawyers
If you have been hurt in an accident, it’s critical to take action as soon as possible to preserve important evidence and protect your right to compensation. At Kenny Ramirez Law Firm Personal Injury Lawyers, we’ve recovered tens of millions for clients, and we are here to fight for you.
Contact us or call (909) 515-0646 today to schedule your free case evaluation with a San Bernardino personal injury lawyer. Let us help you get the justice and compensation you need to rebuild your life.
Visit Our Personal Injury Law Office in San Bernardino, CA
Kenny Ramirez Law Firm Personal Injury Lawyers
325 W Hospitality Ln Suite 204, San Bernardino, CA 92408
(909) 515-0646