Highly Experienced Personal Injury Lawyers and Attorneys in Los Angeles

California Personal Injury Laws

California's personal injury laws are designed to provide compensation to individuals who have suffered harm due to the negligence or wrongful actions of others. These laws encompass a wide range of incidents, including car accidents, slip and fall incidents, medical malpractice, and product liability cases.

One of the key aspects of the state's personal injury laws is the statute of limitations, which sets a deadline for filing a lawsuit. In most personal injury cases, victims have two years from the date of the injury to file a claim. However, there are exceptions, such as cases involving government entities, where the deadline is significantly shorter, typically six months. Failure to file within the prescribed time frame generally results in the loss of the right to seek compensation.

California follows a comparative negligence system, which allows injured parties to recover damages even if they are partially at fault for the accident. Under this system, the compensation awarded is reduced by the percentage of fault attributed to the injured party. For example, if a person is found to be 30% at fault for a car accident and their damages amount to $100,000, they would be entitled to receive $70,000. This approach ensures that liability is fairly apportioned based on each party's level of responsibility.

In a personal injury lawsuit, plaintiffs can seek various types of damages to compensate for their losses. These damages are generally categorized into economic and non-economic damages. Additionally, punitive damages may be awarded in certain cases. 

Here are the common types of damages in a personal injury lawsuit in California:

Economic Damages

• Medical Expenses: Costs for hospital stays, surgeries, doctor visits, medication, physical therapy, and any future medical care related to the injury.
• Lost Wages: Compensation for income lost due to the inability to work during recovery, including future earning capacity if the injury results in long-term or permanent disability.
• Property Damage: Costs to repair or replace damaged property, such as vehicles in the case of a car accident.
• Out-of-Pocket Expenses: Miscellaneous expenses related to the injury, such as transportation to medical appointments and costs for assistive devices like crutches or wheelchairs.

Non-Economic Damages

• Pain and Suffering: Compensation for physical pain and discomfort endured as a result of the injury.
• Emotional Distress: Damages for psychological impacts, such as anxiety, depression, and mental anguish.
• Loss of Enjoyment of Life: Compensation for the inability to enjoy daily activities and hobbies that were once part of the injured person's life.
• Loss of Consortium: Damages awarded to the spouse or domestic partner for the loss of companionship, affection, and sexual relations due to the injured party’s condition.

Punitive damages, intended to punish and deter particularly egregious behavior, can also be awarded in California personal injury cases, though they are less common and typically require clear and convincing evidence of malice, fraud, or oppression. Additionally, California law places no cap on the amount of compensatory damages that can be awarded, except in medical malpractice cases, where non-economic damages are capped at $250,000.