Understanding California Personal Injury Law

by Mona Deldar on Feb. 26, 2024

Accident & Injury Personal Injury 

Summary: Understanding California Personal Injury Law: A comprehensive guide to navigating the complexities of personal injury cases in California.

The complexities of California Personal Injury Law can be daunting for anyone who has suffered an injury due to the negligence of another. This guide provides a comprehensive overview of California's personal injury laws, helping victims understand their rights and available legal options.


What is California Personal Injury Law?


California Personal Injury Law covers a wide array of regulations and statutes designed to protect individuals. More specifically, those who are physically or psychologically injured due to someone else's negligence or wrongful actions.


READ MORE: Personal Injury Lawsuit; Do You Have One?


Under the California Civil Code section 1714(a), everyone is responsible for an injury occasioned to another by their lack of ordinary care or skill in the management of their property or person. This foundational principle establishes the legal framework for holding individuals or entities accountable for negligent behavior.


Statute of Limitations for Personal Injury Claims


One of the first things to understand about California Personal Injury Law is the statute of limitations. Under California Code of Civil Procedure section 335.1, there is a two-year limit from the date of the injury to file a lawsuit in the state's civil court system. If you fail to file within this period, you risk waiving your right to seek compensation. Therefore, timely action is crucial in personal injury cases.


However, this timeline varies when dealing with claims against a government entity. If your injury involves a city, county, or California state government agency, things vary slightly. Often, you must file a government claim within six months of the incident.


Comparative Fault in California


California follows the "pure comparative negligence" rule, as detailed in Li v. Yellow Cab Co., 13 Cal.3d 804 (1975). This means if you are partially at fault for your injury, your compensation reduces by your percentage of fault. For example, if you are awarded $100,000 in damages but found to be 25% at fault, your compensation reduces to $75,000. Understanding this rule is essential for setting realistic expectations for your case.


Types of Damages Available


Victims of personal injury in California can seek various types of damages. These include economic damages for monetary losses like medical bills and lost wages, and non-economic damages for non-monetary losses like pain and suffering and emotional distress. In certain cases, punitive damages are also awarded to punish the defendant for particularly egregious behavior.


What to Do After an Injury


If you're injured, it's critical to seek medical attention immediately, gather evidence, and contact a personal injury lawyer. Documenting everything related to your injury and treatment can be invaluable in building your case.


Conclusion: Seeking Help from Deldar Legal


Navigating California Personal Injury Law can be overwhelming, but you don't have to do it alone. If you or a loved one are injured due to someone else's negligence, Deldar Legal provides the guidance and support you need. With a dedicated team, Deldar Legal will advocate for your rights and secure the compensation you deserve.


Don't hesitate to seek help; call Deldar Legal today at (844) 335-3271 for a zero-cost evaluation. Remember, time is of the essence in personal injury claims. Prompt action is key to protecting your legal rights and interests.

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