By: Sam Azimtash, Esq.
Introduction
Personal injury law in California provides a legal framework for individuals who have suffered harm due to the negligence or wrongful actions of others. This area of law covers a wide range of incidents, including car accidents, slip and falls, medical malpractice, and more. If you’ve been injured, understanding your rights and the legal processes involved is crucial to securing the compensation you deserve. You must also consult an experienced personal injury attorney who can navigate the process for you during this unexpected, difficult time. It is important to know that consulting a personal injury is free and the entirety of the work they will perform for you will be for free. Personal injury lawyers only get paid if you win.
Nonetheless, it is important that you know the basics personal injury law.
What Constitutes a Personal Injury Case?
In California, a personal injury case typically arises when an individual suffers physical, emotional, or psychological harm due to someone else’s negligence, intentional misconduct, or strict liability. Common examples include:
1. Automobile Accidents: When a driver fails to exercise reasonable care, resulting in a collision and injuries.
2. Slip and Fall Incidents: Occurring when property owners neglect to maintain safe premises.
3. Medical Malpractice: When healthcare professionals fail to provide the standard of care, leading to patient harm.
4. Product Liability: When defective products cause injuries to consumers.
5. Workplace Accidents: Injuries that occur in the course of employment, sometimes leading to workers’ compensation claims.
Key Legal Principles in California Personal Injury Law
Negligence: Most personal injury cases are based on the principle of negligence. To prove negligence, the injured must establish that:
• The wrongdoer owed a duty of care.
• The wrongdoer breached this duty.
• The breach directly caused the injury.
• The injury resulted in damages (e.g., medical expenses, lost wages, pain and suffering).
Comparative Fault: California follows a “pure comparative fault” rule. This means that even if the injured party is partially at fault for their injuries, they can still recover damages. However, their compensation will be reduced by their percentage of fault. For example, if you are found to be 30% at fault for a car accident, your recovery will be reduced by 30%.
Statute of Limitations: California law sets strict deadlines for filing personal injury lawsuits. Generally, you have two years from the date of the injury to file a claim. For medical malpractice cases, the time limit is either three years from the date of the injury or one year from the date the injury was discovered, whichever comes first. Failing to file within this period can result in losing your right to pursue compensation.
Note that it’s crucial to avoid gaps in treatment, as insurance companies often use these lapses to argue that your injuries are not as severe as claimed or were caused by another incident. Consistent medical care and thorough documentation of your injuries are essential to strengthening your case and countering these tactics. So although you technically have two years to file your personal injury claim, it is crucial that you proceed with your claim as soon as the injury and/or the accident occurs.
Types of Damages in Personal Injury Cases
Victims of personal injury in California can seek various types of damages, including:
1. Economic Damages: These are tangible losses such as medical expenses, lost income, and property damage.
2. Non-Economic Damages: These cover intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.
3. Punitive Damages: In cases involving egregious misconduct, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.
Steps to Take After an Injury
If you are injured, taking the following steps can strengthen your case:
1. Seek Medical Attention: Prompt medical care is essential for your health and documenting your injuries.
2. Document the Incident: Gather evidence, including photographs, witness information, and police reports.
3. Report the Incident: Notify the relevant parties, such as property owners or employers, about the injury.
4. Consult an Attorney: An experienced personal injury attorney can help navigate the legal complexities and advocate for your rights.
The Role of a Personal Injury Attorney
A personal injury attorney is crucial in ensuring that your rights are protected and that you receive fair compensation. Attorneys can assist with:
1. Investigating the Case: Gathering evidence, interviewing witnesses, and building a strong case.
2. Negotiating with Insurance Companies: Insurers often aim to minimize payouts, but an attorney can negotiate on your behalf to secure a fair settlement.
3. Representing You in Court: If a fair settlement cannot be reached, your attorney can file a lawsuit and represent you in court.
Fortunately, the lawyers at Azimtash Law, bring a wealth of experience from both sides of the aisle in the negotiations and if need be, in the courtroom. This dual perspective equips them with unique insights into the strategies employed by insurance companies, allowing the firm to effectively counter their tactics. With a proven track record of success, Azimtash Law has recovered millions of dollars for clients, securing the compensation they deserve for their injuries.
Conclusion
Navigating personal injury law in California can be complex, but understanding the basics can empower you to take the necessary steps toward securing the compensation you deserve. Whether dealing with a car accident, a slip and fall, or any other injury, knowing your rights and having experienced legal representation can make a significant difference in the outcome of your case.
If you’ve been injured and believe you have a personal injury claim, contact Azimtash Lawfor a free consultation and free representation. That is right; we only get paid if you win.We can be reached at info@azimtashlaw.com or by phone at (424)535-1990.
We are dedicated to helping you understand your rights and will fight tirelessly to achieve the best possible outcome for your case.
About the author: Sam Azimtash of Azimtash Law is a personal injury lawyer who previously was an insurance defense attorney for Mercury, bringing a unique and invaluable perspective to personal injury cases. Leveraging extensive experience in Courtroom from the defense side, Mr. Azimtash possesses deep insights into the strategies and tactics employed by insurance companies. This insider knowledge enables him and Azimtash Law’s team to anticipate and counteract the defenses used to minimize or deny claims, ensuring that clients receive the maximum compensation they are entitled to. With a commitment to personalized service and a track record of successful outcomes, Mr. Azimtash stands out as a dedicated advocate for the rights of injured individuals in California
