Help with Damages! Get your Experienced California Personal Injury Attorney

If you have been injured because of someone else’s negligence, you may be able to file a personal injury claim to recover compensation for your losses. However, it is important to understand how personal injury law works in California before you move forward with a claim.

California law allows individuals injured by another party’s carelessness or wrongdoing to pursue compensation for medical expenses, lost income, and other losses. This applies to a wide range of accidents, including car accidents, truck accidents, slip and falls, and other negligence-based injuries.

Since the process can be complicated, it is wise to consult a Long Beach personal injury attorney to assist you with your claim. The Law Office of Andrea R. Herman, PC specializes in personal injury and workers’ compensation law and has helped clients throughout California recover the compensation they deserve.

What is Personal Injury Law in California?

Personal injury law allows an injured person to hold another party legally responsible when that party’s negligence or wrongdoing causes harm. In California, this covers a broad range of situations, including motor vehicle accidents, truck accidents, premises liability (such as slip and fall accidents), and other injuries caused by someone else’s failure to act reasonably.

To succeed in a personal injury claim, you generally must show that the other party owed you a duty of care, breached that duty, and that the breach directly caused your injuries and damages.

Who Can File a Personal Injury Claim?

You may be able to file a personal injury claim if you were:

• Injured in a car or truck accident caused by another driver’s negligence
• Hurt in a slip and fall or other accident on someone else’s property
• Injured by a defective or dangerous product
• Harmed due to another party’s reckless or careless conduct
• A surviving family member of someone who died due to another party’s negligence

For workers injured on the job rather than by a third party’s negligence, a claim is generally handled through workers’ compensation instead of a personal injury lawsuit. In some cases, both types of claims can apply to the same underlying incident, such as when a work injury is caused by a negligent third party.

Comparative Negligence: What If You Were Partially at Fault?

The type of fault involved in an accident can significantly impact your claim. California follows a pure comparative negligence rule, so it’s essential to understand how shared fault can affect your compensation.

Under this rule, you can still recover compensation even if you were partially responsible for the accident. However, your total compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for an accident, your compensation would be reduced by 20%.

This is different from states that bar recovery entirely once a certain percentage of fault is reached — in California, you can recover compensation even if you were found to be mostly at fault, though the amount you recover will be reduced accordingly.

Because insurance companies frequently try to shift blame onto the injured party to reduce what they owe, having strong legal representation to accurately establish fault is essential.

Compensation and Damages Available

California personal injury law allows injured individuals to recover compensation for the full scope of their losses. Unlike workers’ compensation, which is generally limited to medical expenses and a portion of lost wages, a personal injury claim can include compensation for pain and suffering and other non-economic losses.

• There generally isn’t a cap on most types of compensatory damages in a standard personal injury claim.
• Compensation covers all reasonable and necessary medical expenses, including future treatment and rehabilitation.
• Lost wages and diminished future earning capacity may also be recovered if your injury affects your ability to work.
• In cases involving especially reckless or malicious conduct, punitive damages may also be available under California Civil Code § 3294.

Economic and Non-Economic Damages

Damages in a personal injury case are generally divided into two categories, along with the conditions that apply:

• Economic damages compensate you for measurable financial losses, including medical bills, lost income, and property damage.
• Non-economic damages compensate you for losses that are harder to quantify, such as pain and suffering, emotional distress, and loss of enjoyment of life.
• You may choose your own treating physicians when seeking medical care related to your injury, and your medical records will be an important part of documenting your damages.
• The insurance company may request an independent medical examination, even when there is thorough documentation of your treatment.

Since the value of a personal injury claim depends on many factors, it is essential to consult a knowledgeable and experienced personal injury attorney to ensure you pursue the full compensation you deserve.

What Happens If the Insurance Company Denies or Disputes Your Claim?

If you don’t receive a settlement offer you’re satisfied with, or your claim is denied outright, you still have options. There are generally two paths forward.

• If new evidence supports your claim, your attorney can submit additional documentation and negotiate further with the insurance company.
• If a fair resolution can’t be reached through negotiation, your attorney can file a personal injury lawsuit in civil court.

Under California Code of Civil Procedure § 335.1, you generally have two years from the date of the injury to file a personal injury lawsuit. If a government entity is involved in the accident, you must file a formal claim within six months instead. If you want to file a personal injury claim or are unhappy with an insurance company’s response, you must consult an experienced attorney. The Law Office of Andrea R. Herman, PC helps injured individuals throughout Long Beach, Los Angeles, and California with personal injury claims. Get in touch to book your appointment for an initial consultation to discuss your case.

Frequently Asked Questions

Additional Information in Long Beach, CA

• California Courts – Personal Injury Self-Help Center: explains the basic process for filing a personal injury claim in California, including how civil court cases work, filing fees, and general timelines. It’s a helpful starting point for understanding how the civil court system handles injury claims.
• California Highway Patrol – SWITRS Traffic Records System: the state’s database of traffic collision reports, useful for understanding collision data and obtaining accident report information following a California car or truck accident.
• California DMV – Report of Traffic Accident (SR-1): explains when California law requires drivers to file an accident report with the DMV, including the reporting threshold and deadlines after a collision.