Updated: Sep 12
What is covered under California Personal Injury Claims?
Personal injury cases are filed whenever one party injures or physically harms another, in most cases due to a failure to act with reasonable care or caution in a given situation. Any personal injury case will have its own set of variables, and it is difficult to foresee how each individual will deal with a personal injury claim.
Even though each personal injury case is special, there are a few common threads that claimants must be aware of. These cases are civil claims forwarded after a plaintiff or victim is injured or suffers damage as a third party's negligence.
Negligence, in this context, is defined as the failure of one party to uphold a duty of care in a specific situation, and it is a key component of any personal injury lawsuit. Usually, the negligent party's insurance company will pay the victim's pain and suffering, medical bills, and ongoing medical expenses.
What Counts as a Personal Injury Case?
In the event that you were injured or harmed due to someone else's negligence, carelessness, or wrongdoing, you might be able to file a lawsuit. However, in most cases, these lawsuits are the best option for "catastrophic injuries," or injuries that permanently alter a person's ability to live and function normally. The majority of these injuries are disabling or disfiguring in nature.
The most common catastrophic injuries include:
Traumatic brain injury(TBI)
Spinal cord injury
Victims of such serious injuries may experience varying degrees of paralysis, reduced cognitive functions, physical impairments, and chronic pain. Catastrophic injuries will leave you with mental, physical, and financial problems for the rest of your life.
Typically, these kinds of injuries prevent a person from returning to work for an extended time or entirely prevent the victim from ever working again, necessitating specialized care for the rest of their lives. This can put you in a lot of financial trouble, particularly when you consider the high medical costs of treating severe and life-altering injuries.
A personal injury case has ramifications for the victim's entire family. Medical expenses, as well as other hidden costs of a personal injury, must be borne by victims and their families. This would include the injured person's lost income and a family member who becomes a caregiver. Home and car modifications, as well as travel to hospitals and specialists, can be costly. Personal injury victims often suffer long-term emotional and psychological damages that are more difficult to quantify.
What Are the Usual Causes of Catastrophic Injuries?
Accidents involving buses. Many passengers have been known to suffer serious injuries and even death as a result of bus crashes. Many schools or tour buses still lack seatbelts, and the vast space inside a bus allows people to be thrown around and seriously injured in a bus accident. Buses have also been known to catch fire after colliding.
Train accidents. Few trains, like buses, are equipped with seat belts, which means that if an accident happens, there is a high risk of serious injury or wrongful death. Because most trains travel at high speeds, a train crash can be particularly devastating to passengers, resulting in a wide range of devastating injuries.
Accidents involving trucks. When a semi-truck collides with a passenger vehicle, the consequences can be severe. Hundreds of people are killed or injured in truck accidents every year. These larger vehicles take longer to stop and weigh several times more than personal cars, making them particularly dangerous to passengers in smaller vehicles in the event of an accident.
Pharmaceutical incidents and defective medical devices. Certain drugs may be prescribed in untested, inappropriate, or off-label ways, resulting in congenital disabilities, painful side effects, withdrawal symptoms, and various other undesirable consequences. Medical devices, which are frequently used in surgeries, may also be used incorrectly or off-label.
Accidents involving planes or helicopters. When an airplane or helicopter crashes, catastrophic injuries or wrongful death are almost always the results. Those who survive a major aviation crash are likely to suffer from brain injuries, spinal injuries, dismemberment, burns, and nerve injuries. Regardless of whether the injuries were sustained while flying with a major airline, a small private aircraft, or a helicopter, many aviation crash survivors need lifelong support and care in our experience.
More Common, Everyday Vehicular Road Accidents
While catastrophic injuries are unfortunately happening more frequently than we might think, most Personal Injury attorneys handle road accidents. The cases range from car collisions, bike accidents, and motorcycle accidents. The circumstances may not be as tragic, but they still result to physical harm. Most of these cases are still linked back to negligence.
Does it Include Pedestrian Injury?
Yes. Pedestrian accidents often result in serious injuries, so compensation is usually substantial. A catastrophic injury, such as brain damage or paralysis, may necessitate compensation to cover the cost of specialized care for the rest of one's life.
Even when injuries aren't life-threatening, pedestrian accidents often result in serious injuries, such as:
Puncture and lacerations wounds
Injuries to the knees, ankles, hips, elbows, and wrists
Injuries to the back, neck, and shoulders
Injuries to the soft tissues (torn ligaments and tendons)
Payable damages should cover victim's wage loss, loss of future earning capacity, and the cost of coping with the injury, in addition to past and future medical costs. A pedestrian accident claim settlement should also include compensation for pain, suffering, emotional distress, and loss of enjoyment of life.
Should I pursue legal action?
Definitely. Considering the monetary, physical, and emotional damages it has cost you, and it only makes sense to seek compensation for all the troubles that third-party carelessness has cost you. However, pursuing a complaint on your own is not only difficult, but those who have caused you inconvenience will surely seek to diminish their responsibility.
Going to the person or firm responsible for your injury might end in a private settlement that isn't tantamount to the difficulty this has put you through.
Personal injury lawsuits can be stressful and overwhelming, particularly when the law is unclear or the legal issues are confusing. As a result, if you've been hurt in an accident and want to file a lawsuit, you should strongly consider hiring a Personal Injury Attorneys in Los Angeles before proceeding.
An experienced Los Angeles Personal Injury Lawyer will be familiar with the law and the various legal issues in such cases. Your Personal Injury Lawyers In Los Angeles can also make estimated predictions of the chances of your case being successful, as well as the kinds of damages you will receive if you win.
Additionally, your Los Angeles Car Accident Lawyer will discuss other legal options with you and assist you in making an informed decision, and decide whether or not to proceed with a trial. Your Top Personal Injury Attorneys In Los Angeles will also represent you in court if you decide to proceed with a trial.
Can I make a strong case in California?
Personal injury laws in California are very straightforward. Understanding the fundamentals of negligence under California state laws can be useful, whether you face a large medical bill after a motorcycle accident or merely need help understanding your workers' compensation options.
When you've been seriously injured, you may not know where to start when it comes to acquiring fair compensation for your medical bills, lost jobs, disabilities, and other expenses. However, if your injuries were caused directly by the negligence of another person or organization, you may also be able to file a personal injury lawsuit and hold them liable for your losses.
The failure to use reasonable caution is how the main principle in defining "negligence". A plaintiff or a victim and their Personal Injury Lawyer in Los Angeles, California must show that the defendant in the claim was negligent in some way that directly caused the plaintiff's claimed damages to win a personal injury lawsuit. It's critical to pinpoint the duty of care violation and provide a detailed breakdown of all damages incurred as a result of the violation.
Proving the other parties' liability in the case is one of the most important aspects of obtaining maximum compensation for your claim. The majority of accident and injury cases will hinge on proving the other party's negligence.
As you begin to develop your personal injury claim, your California Attorney for Personal Injury can inform you of any factors in your case that may make the legal process more difficult. Unpredictable liability among multiple parties and comparative negligence are two of the most common issues that personal injury plaintiffs face in California.
What if there are multiple defendants?
It's not unusual for multiple parties to be held responsible for a personal injury plaintiff's claimed damages. The plaintiff and their Personal Injury attorney must show that each defendant named in the lawsuit is partially responsible for the damages claimed.
While this may make settlement negotiations more difficult and necessitate more thorough evidence gathering, the court is usually the one to determine how much each named defendant is responsible for the plaintiff's damages.
Your Los Angeles Personal Injury Lawyer will tell you how each defendant in your case will be held accountable for their part in the accident. If your case goes to trial and the judge finds that the defendants are all guilty or responsible at different levels, the defendants are responsible for the plaintiff's compensation in proportion. Defendants usually negotiate amongst themselves to determine their fault percentages during settlement negotiations.
Comparative negligence in California law
In a California personal injury case, comparative negligence may play a role. The term "comparative negligence" describes cases in which plaintiffs are partly to blame for the damages they claim to have suffered.
This is a common occurrence in car accident cases. A plaintiff files a claim only for the defendant to contest liability and even present evidence that the plaintiff or accuser is partly to blame for the problem. Comparative negligence laws can influence the amount a plaintiff receives from a successful personal injury claim.
California maintains a pure comparative negligence law, which means that a plaintiff can still seek compensation for damages they contributed to, and there is no threshold for award denial.
Many states have amended comparative negligence laws that prevent plaintiffs from receiving awards if their fault exceeds half of the calculate damages, but California does not have such a limit. The plaintiff only loses a portion of the case award proportional to their percentage of fault.
If the plaintiff or accuser is found to be partially responsible for the damages they have sought in a personal injury case, they should expect to lose a portion of the award.
What are the potential payable damages I can claim?
When it comes to claims of personal injury in California, there are two types of compensation: economic and non-economic damages.
Economic damages are monetary losses. Some would describe it as out-of-pocket' expenses. These may include the following:
Medical bills for treating the injuries (whether you pay them, your insurance company pays them, or they are billed on a lien) (experts will need to calculate what may be needed for long-term care)
Loss of property
Earning capacity lost
Non-Economic damages are 'more intangible'. It mostly has nothing to do with money or