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Personal injury law in California refers to the legal principles and regulations that govern cases where individuals have suffered injuries or harm due to the negligence, recklessness, or intentional actions of others within the state of California. These laws are designed to provide victims with the opportunity to seek compensation for their injuries and related damages.
Statute of Limitations: In California, there is a statute of limitations that limits the amount of time within which a person can file a personal injury lawsuit. This time frame varies depending on the type of injury and the circumstances surrounding the case.
Comparative Negligence: California follows a "pure comparative negligence" rule, which means that even if the injured party is partially at fault for the accident, they can still seek compensation. However, their compensation will be reduced in proportion to their level of fault.
Types of Compensation: Victims of personal injury in California can seek compensation for various damages, including medical expenses, lost wages, pain and suffering, emotional distress, property damage, and more.
Negligence and Liability: To establish a personal injury case in California, the injured party needs to demonstrate that the defendant owed a duty of care, breached that duty, and as a result, caused the plaintiff's injuries.
Dog Bite Laws: California has strict liability laws regarding dog bites, meaning that dog owners can be held liable for injuries caused by their dogs, regardless of whether the dog had previously displayed aggressive behavior.
Government Liability: If the injury was caused by a government entity or employee, special rules and procedures may apply for filing a claim against the government.
Wrongful Death: California law allows surviving family members to file a wrongful death claim if a person's death was caused by another party's negligence or wrongful conduct.
Medical Malpractice: California has specific laws that govern medical malpractice cases, including caps on non-economic damages (such as pain and suffering) in medical malpractice lawsuits.
It's important to note that personal injury laws can be complex and can vary based on individual circumstances and the specific details of the case. If you have been injured and are seeking legal advice or representation, it's recommended to consult with a qualified personal injury attorney in California who can provide guidance based on your unique situation.
We are available to meet clients by appointment in the San Francisco Bay area, Sacramento and Placer regions. We litigate and represent clients throughout the state of California.
p 408 . 271. 9270