Understanding Personal Injury Claims and Accident Injuries
Were you hurt in an accident in California? You have the right to seek compensation for your injuries from the at-fault party through a personal injury claim. Unfortunately, it can be extremely difficult for victims and families to navigate the law. Our Pasadena personal injury attorney provides a guide to the legal claims process in California.
A Personal Injury Claim is a Civil Cause of Action
A personal injury claim is a civil cause of action initiated by a person (victim) who has suffered harm due to another’s negligence or intentional wrongdoing. It is a legal process that allows the injured victims to seek compensation for losses—including medical expenses, lost wages, and pain and suffering. Unlike criminal cases, which are prosecuted by the state, personal injury claims are pursued by the victims through civil court proceedings. A personal injury is generally brought against the insurance company of the defendant. A personal injury lawsuit is filed if a settlement cannot be reached. While most personal injury cases are settled without a trial, litigation is possible.
California is a Fault-Based Personal Injury State (Negligence for Most Claims)
In California, personal injury liability is based on fault. To hold another party liable for your accident—whether you were hurt in a car crash or a slip and fall—you must be able to prove that the defendant bears fault. In most cases, this means establishing that the defendant’s negligence contributed to your accident. Negligence is the failure to meet a standard of reasonable care. In most cases, negligence is the basis of liability in personal injury claims. However, there are a few exceptions. Strict liability holds for product liability claims and dog bite claims in California.
Notably, California is a pure comparative fault state. Imagine a scenario where a pedestrian in Pasadena is crossing the street against the signal and gets hit by a driver who was speeding. In this case, both parties have contributed to the accident—the pedestrian by jaywalking and the driver by violating the speed limit. Imagine that the pedestrian sustained $50,000 in damages. If the pedestrian is found to be 30 percent at fault for their own accident, they would be liable for 30% of their own damages—$15,000 in this hypothetical case.
A Note On the Standard of Proof: Unlike criminal cases, personal injury claims are not subject to the reasonable doubt standard. Instead, these are preponderance of evidence cases. To hold a defendant liable for your accident/injuries, you must prove that their negligence was “more likely than not” to be the cause.
A Two-Year Statute of Limitations for Most Personal Injury Cases
As with any other type of claim, a personal injury case is subject to a strict deadline. Under California law (CCP § 335.1), personal injury claims are generally covered by a two-year statute of limitations. What happens if you wait too long to file a personal injury lawsuit? You could miss out on your right to recover financial compensation at all. There are very limited exceptions to our state’s statute of limitations. Take a proactive approach: Consult with a California personal injury lawyer right away after a bad accident.
Injured Victims Can Pursue Compensation for Economic and Non-Economic Losses
The purpose of a personal injury claim is to ensure that the victim is made “whole.” Broadly speaking, this means putting them in the same position that they would have been in if no accident ever occurred. Financial compensation is the primary remedy. In California, injured victims have the right to seek a settlement/verdict for the full extent of their damages. Depending on your accident and your injuries, you may be able to recover compensatory damages for:
- Property damage, such as vehicle repairs;
- Ambulance costs and other emergency services;
- Medical expenses and other health care costs;
- Physical therapy and long-term care needs;
- Loss of wages and loss of earning power;
- Pain and suffering & emotional distress;
- Long-term disfigurement and physical impairment; and
- Wrongful death of a family member.
Set Up a Free Consultation With a Top Pasadena Personal Injury Attorney Today
At the Law Offices of Andrew Ritholz, our California personal injury attorney has the professional expertise that you can trust. Hurt in a bad accident? You need an experienced attorney. Call us now or contact our law firm online to arrange your no-cost, no-obligation initial case review. We represent injured victims in Southern California from our offices in Pasadena and Monrovia.
