Understanding Personal Injury Law in California: A Comprehensive Guide

Summary

Learn what to do after an accident that leads to injuries and why you should hire a lawyer specializing in personal injury law.

Navigating the process of filing a personal injury claim in California may be complex due to the number of criteria to consider in establishing fault and liability and computing for damages and compensation. Legal support is necessary to make the process easier and lighter for accident victims.

Frantz Law Group can help guide clients throughout this process with sound legal guidance and close attention to each client. Our lawyers take pride in their expertise and dedication to getting you the best possible outcome for your case.

What Constitutes a Personal Injury Claim?

When a person gets harmed from an accident or sustains an injury due to the negligence of another, the accident victim may file for a personal injury claim in a legal dispute to be compensated for their losses and the damages they have incurred. The following are some incidents and injuries that fall under personal injury law:

  1. Auto Accidents or Car Accidents: The most commonly reported source of personal injury claims is distracted or reckless driving, DUI, or failure to obey traffic rules.
  2. Slip and Fall Accidents: A person may slip, trip, or fall due to unsafe conditions like wet floors, uneven pavements, or poor lighting, which may be considered negligence on the property owner’s part and may be considered a personal injury case.
  3. Workplace Injuries: If a worker gets into an accident and is injured on the job, they can file a claim under workers’ compensation.
  4. Medical Malpractice: A negligent healthcare provider may commit surgical errors, misdiagnose, or fail to provide appropriate treatment, which may lead to serious injuries or even wrongful death.
  5. Product Liability. An injured person may file a claim against a manufacturer, distributor, or retailer if they have suffered from an injury due to a defective product like drugs, consumer goods, or machinery.
  6. Dog bites. If a dog owner knows that their dog tends to aggressive behavior, they can be held liable if someone is bitten by their dog.

Legal Criteria for Filing a Personal Injury Claim in California

In the state of California, there are several factors to consider when filing a personal injury claim. Below are some things that the injured party must establish for a successful claim:

  1. Negligence: A person is deemed negligent if there is a failure to provide the level of care that a reasonable person would in a given situation. The accident victim must prove that the other party had been negligent to be considered at fault.
  2. Duty of Care: Similarly, the at-fault party owed the injured person a legal duty of care, such as maintaining the safety of their property or products or keeping themselves in check on the road by observing traffic safety.
  3. Breach of Duty: Breaching the duty of care connotes liability and, when proven, indicates that the company must compensate the injured party for the damages and losses brought about by this breach.
  4. Causation: You must also establish a direct link between the other party’s breach of duty and your injury.
  5. Damages: In some instances, the injured party may also be found to be at fault for their injuries, which means that though they can still recover damages, the compensation will be reduced by a percentage of fault.

Types of Personal Injury Cases

Various types of cases fall under personal injury law. Below are some of the most common examples:

  1. Motor Vehicle Accidents: This includes car accidents, motorcycle accidents, truck accidents, and any accident involving motor vehicles colliding with each other or road hazards, causing serious injuries or even death of the driver and/or passengers.
  2. Medical Malpractice: Healthcare providers sometimes commit errors in practice, such as inappropriate medical treatment, surgical procedure errors, misdiagnosis, or medication mistakes, which lead to patients getting harmed.
  3. Product Liability: Manufacturers may sometimes fail to perform a thorough quality check, leading to defective products that may injure a consumer.
  4. Slip and Fall Accidents: Physical injuries from tripping, slipping, or falling due to negligence in maintaining someone’s property and ensuring safe conditions, such as failing to repair a damaged pavement. If proven at fault, the property owner is considered to have premises liability.
  5. Workplace Injuries: An accident that happened within workplace premises or on the job, such as a window-cleaner falling from their crate.
  6. Wrongful Death: In all of the cases above, if they lead to death by the accident victim, it falls under the category of wrongful death.

Statute of Limitations in California

California traffic and road safety laws are particular about their statute of limitations, which dictate when to file your personal injury claims. Typically, you will only have up to two years from the date of injury to file your claims.

Failure to file your claim before the deadline means you can no longer start the recovery process and/or sue. Obtaining legal services by hiring an experienced personal injury lawyer may help you greatly ensure that you get the important paperwork filed, given the time limit.

Steps to Take After Suffering a Personal Injury

After suffering a personal injury, below are the steps to ensure that you get fairly compensated for both economic and non-economic damages incurred, such as compensation for emotional distress and pain and suffering, and that you get the justice you rightfully deserve.

  1. Get Prompt Medical Care: Immediately get yourself seen by a healthcare provider regardless of visible injuries, as some injuries, such as brain injuries or internal injuries, may not be easily apparent. This also ensures that you get your initial evaluation on record.
  2. Ensure Thorough Documentation: In addition to the initial medical record, facilitate documentation by taking photos of the accident scene, your visible injuries, property damage, and contextual shots. Collect basic information, such as the other party’s name, phone number, address, insurance, and car information. Record all verbal discussions and statements in writing or using your phone recorder.
  3. Notify Authorities: Contact law enforcement and report the incident, ensuring everything is captured in writing or recorded.
  4. Collect Evidence and Witness Statements: Keep all records of medical expenses, evidence of lost wages, and even physical evidence like damaged clothing or products.
  5. Reach Out to Insurer: Be cautious about the information you give out. Immediately inform your insurance company about the accident and pertinent details, such as your running medical bill and other important information, to estimate your damages.
  6. Hire a Personal Injury Lawyer: Legal representation may help you with every step of the process, so securing one promptly is essential if you still don’t have one.

Why is it important to gather evidence?

The amount and quality of your evidence factor into how strong your case could be. It is then essential to be thorough and detailed in your documentation to strongly back up your case and have a better chance of getting maximum compensation.

Why You Need a Personal Injury Lawyer

If you wonder whether hiring an attorney is necessary or worth it, below are some of the benefits of getting legally represented:

How Frantz Law Group Can Help

A personal injury law firm such as the Frantz Law Group will advocate for your rights as an accident victim, being committed to building strong cases for your clients and getting them compensated regardless of whether they incurred minor or severe injuries. Our legal team fosters good client relationships by working tirelessly on your case while providing you with timely updates and complete communication. Our expert lawyers can also be relied on to give sound legal advice and smart legal tactics to ensure that your case leads to a fair settlement or a successful trial outcome.

Choosing the Right Personal Injury Lawyer

Having to comb through so many options for someone to legally represent you while also suffering the aftermath of any kind of accident can be burdensome to the victim and their loved ones. This guide may help you narrow down your options by looking at the most important factors to consider when choosing the right personal injury lawyer in California:

  1. Experience and Success Rate: Conduct a background check or ask them directly if they have experienced handling cases similar to yours and how many of these cases succeed.
  2. Specialization: Choose someone who specializes in these kinds of cases so you can rest assured that they know the entire legal process of filing a claim.
  3. Quality of Communication: Upon initial consultation, assess how well they communicate with their clients. Also, try to find out how quickly they update their clients, as this can significantly help you with your peace of mind.
  4. Feedback and Testimonials: Gather feedback from actual clients from your social network or on the Internet so they can provide better insight into their past experiences.
  5. Payment Scheme: Check if your law firm or lawyer has the option for a contingency fee basis when it comes to payment, which means that they will not charge you upfront. Instead, you only pay a portion of your compensation after a successful recovery.

Why Choose Frantz Law Group

Frantz Law Group’s roster of lawyers takes pride in exemplifying these qualities, given the long list of successful personal injury cases behind their names. Our legal team can be relied on to provide personalized service to injury victims, catering to their needs and advocating for them throughout every step of the legal process. Our past clients’ success stories testify to our commitment to excellence and justice.

Your Partner in Personal Injury Law

Understanding different personal injury case types, the legal landscape in California, and the steps to follow right after suffering from an accident that leads to physical injury or wrongful death are crucial in successfully navigating the legal process involved in filing a personal injury claim. Having a reliable legal team and attorney as your partner as you go through this ordeal makes all the difference in ensuring you get out of this unscathed process.

Reach out to Frantz Law Group now for a free consultation! Let us help you explore your options and formulate a game plan for getting the compensation you deserve.

 

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