If you suffered personal injuries in an accident in California and it was someone else's fault, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.
Personal injury generally refers to mental and physical injuries to a person's body that are caused by someone else's negligence. These injuries may be minor or may be so severe as to cause the person's death. Personal injury does not include damage or destruction to your property (such as your car or house).
Personal injuries can occur in any number of ways, but causes often include:
To collect money stemming from a personal injury claim, California law requires you to prove another party was negligent. You must show:
California law will reduce the total amount you can recover if it's found that your carelessness contributed to your injuries.
Whether you live in San Francisco, Stockton, Chula Vista, Irvine, or elsewhere in California, your California personal injury attorney can help you understand your legal options and collect money from the party at fault in your accident.
If it's determined that another party's negligence was responsible for your injuries, they may be required to pay for:
If you were injured because of a crime committed by someone else, that person may be prosecuted under California criminal laws. However, you may still have to file a personal injury lawsuit in California courts to recover money to pay for your injuries.
California law gives you two years from the date of your personal injury to file a bodily injury claim against the party at fault. (This time limit is known as the statute of limitations.) If you and your California personal injury lawyer are unable to negotiate a settlement with the other party (or their insurance company), you should consider filing a lawsuit before the statute of limitations runs out. If you do not file a lawsuit before the statute of limitations expires, then you give up your right to sue the party responsible for your injuries.
For California personal injury claims worth more than $7,500, you would file your lawsuit in the appropriate California Superior Court.
If your California personal injury accident claim is for less than $7,500, you would file your personal injury lawsuit in the California Small Claims Court that has jurisdiction.
Your California personal injury lawyer can tell you which specific court is the appropriate venue to resolve your dispute.