California Personal Injury Lawsuit
How Do I Know When to File a Personal Injury Lawsuit?
Without in-depth knowledge of the law and experience settling these cases or taking them to trial, it’s challenging to know when to take the step to file a lawsuit. In general, if someone else’s actions or inactions have hurt you, you probably have a case for personal injury and negligence.
The best way to determine if a lawsuit is your next best step is to work with a California personal injury lawyer. These lawyers specialize in proving negligence and recovering damages for victims. They can look over your medical records and investigate the accident to decide if a lawsuit makes sense in your situation.
How Does a Personal Injury Lawsuit Work in California?
Filing a lawsuit in California isn’t technically difficult, but following through and winning is. This is why you need an experienced lawyer to take you through the steps and give you the best chance of a positive outcome. If, on their advice, you decide to file, your case will go through several steps:
- Filing a complaint.
A personal injury lawsuit in California begins with a complaint. This makes it official, and outlines who you believe is negligent in your injury and why. - Investigating.
The other side may agree and offer to settle right away, but most defendants are backed by insurance companies that want to argue a lower settlement amount. At this point, both sides will go into the discovery period, investigating the incident, talking to witnesses, and working with experts. - Negotiating a settlement.
After an investigation, the insurance company may see where negligence lies and be willing to negotiate. Your lawyer will try to get you as much compensation as possible and advocate for you in negotiations. - Going to trial.
When negotiations fail, either side or both can choose to take the lawsuit to trial. You’ll go to court where lawyers on both sides present evidence, argue their case, and refer to expert testimony and witnesses. The jury then decides if the defendant is negligent and owes you damages. - Recovering damages.
Even if you win damages, it can take time and further legal action to get compensated. Your lawyer can help you through this process. - Appealing the decision.
If the jury verdict doesn’t go your way, you may choose to appeal. The other side may also appeal if you win. The Court of Appeals decides if the jury verdict stands or gets overturned.
If these steps seem daunting, it’s because they are. With the right lawyer, you will get through them with minimal stress. They will do all the legwork and advocate for you every step of the way.
When Should I File a Personal Injury Lawsuit in California?
California’s statute of limitations on personal injury lawsuits is two years after the incident occurred. There may be some exceptions, but generally, you should act as quickly as possible. Talk to a lawyer about your options right away.
How Will My Lawyer Prove My Case?
You, or your lawyer, must prove several factors were in place to show someone or a group was negligent in your injury and owes damages. First, you have to show they had a duty to act in a certain way and then that they breached that duty. You also must show that the breach of duty caused harm and that this resulted in damages to you.
For instance, a driver ran through a red light and hit your car, injuring you. They breached the duty to follow traffic laws. Doing so caused the car accident that triggered your injury. If the injury costs you money, they caused damages.
Dog bite cases in California are a little different. In some states, owners become liable after a ‘first bite.’ California follows strict liability, meaning that even if their dog never hurt anyone before you, they are negligent.
What Can I Expect in Damages?
The amount of damages you may recover from a personal injury lawsuit depends on the facts of the case. The more severe the injury and the higher the medical costs, the more damages you can expect. Other things factored into damages totals are lost wages, lost future potential earnings, future projected medical bills or care needs, and emotional or physical suffering.
The latter costs, emotional and physical pain, are considered non-economic damages. California caps these damages at $250,000. The amount you can recover for economic expenses is unlimited. State law also dictates that the court can reduce your damages if you share any fault in the accident.
California Personal Injury Lawsuits
Examples of lawsuits in California won’t predict your outcome, but they can help you understand the possibilities. They show what a lawyer may be able to do for you or your family in the event of an accident:
- $5.75 Million for Brain Injury. In 2020, a boy in a Long Beach Unified School District school suffered a traumatic brain injury. The physical education teacher and district were found to have been negligent. The teacher did not supervise the student adequately, and the school failed to provide safe premises. The student suffered a skull fracture and a lower IQ.[1]
- $11.25 Million for Construction Injury. In another tragic case, a construction worker fell down an elevator shaft on a job site. He fell four stories and suffered broken bones, internal injuries, and a traumatic brain injury. He received workers’ compensation payments inadequate for the severity of his injuries. His lawyer helped him take the case and won a more significant settlement.[2]
These and other cases in California demonstrate just how serious personal injury cases can be. The damage is often significant; victims live with their injuries for life. A personal injury lawsuit is often the only way to recover a fair amount of damages.