Common Types of Personal Injury Cases in California

The term “personal injury” can apply to any situation in which one party’s actions result in physical injury and/or economic loss to another party. Some of the common types of personal injury cases in California arise from motor vehicle accidents, medical malpractice, injuries in the workplace, and slips, trips, and falls on private property. It’s important to know what to do after a personal injury happens and what type of compensation you are eligible to claim.

Common Types of Personal Injury Cases in California

An experienced California personal injury lawyer can be an invaluable asset for helping with any type of personal injury case. You’re likely to have many questions in the aftermath of your injury, and it is important to start building a case as quickly as possible to have the greatest chance of success with your recovery efforts. The evidence you will need will depend on how the injury happened. It’s possible for a personal injury to happen in many ways:

• California resolves all multi-vehicle accident cases based on fault. This means the at-fault driver is liable for any damages they cause to others. Auto insurance can help resolve these cases, but it is also possible for a vehicle accident to lead to a personal injury case.
• Medical malpractice cases arise when medical professionals’ negligence results in patient harm. There are special rules for filing This sort of case in California.
• Workplace accidents in California often lead to workers’ compensation claims. This insurance is meant to be the sole remedy for an injured worker, but it is possible for them to have grounds for a personal injury case if a third party outside of their work directly caused their injury.
• Defective and/or unreasonably dangerous consumer products can cause personal injuries. In these cases, manufacturers can face liability for resulting damages, and most companies will issue recalls for products determined to be defective.
• Wrongful death cases are personal injury cases filed when victims do not survive. If you lost a loved one in a fatal personal injury, you are likely eligible to file a wrongful death suit against the defendant responsible for causing their death.

These are just a few examples of the most common types of personal injury cases in California. As the state with the largest population in the US, it is possible for people to injure one another in various ways, both through negligence and through illegal and intentional misconduct. If you are unsure whether a recent injury qualifies for legal action, it is important to consult an experienced California personal injury lawyer as quickly as possible.

Success with any personal injury case in California requires the plaintiff to identify the defendant they believe to be responsible for their injury, proving that they directly caused the injury through some form of negligence or intentional misconduct, and showing the full extent of their damages. Additionally, the plaintiff needs to prove causation between their claimed damages and the defendant’s actions.

If successful, a plaintiff can potentially recover compensation for economic and non-economic damages. Economic damages include any financial losses resulting from the accident, such as property damage, medical expenses, and lost income. Non-economic damages include physical pain, emotional distress, and psychological trauma. The amount of pain and suffering a plaintiff secures typically reflects the overall severity of the injury they suffered.

There is a two-year statute of limitations for filing a personal injury case in California, and some of the evidence you may need to prove fault may not be available to collect for very long. It’s important to consult experienced legal counsel at your first opportunity so they can determine whether you have a case, collect evidence needed to establish liability, and accurately assess the full scope of your claimable damages.

FAQs

Q: What Are the Most Common Types of Personal Injury Claims in California?

A: The most common types of personal injury claims in California include motor vehicle accident cases, workplace accident cases, defective product claims, and medical malpractice claims. If a party is injured by an act of negligence or illegal misconduct, it can form the basis for a personal injury suit.

Q: How Much Compensation Can You Claim for a Personal Injury in California?

A: The amount of compensation you can claim for a personal injury in California is dependent on the total of your economic and non-economic damages. If you can successfully establish fault for the accident, it’s possible to recover compensation for medical expenses, lost income, property damage, and your pain and suffering. An experienced attorney can accurately assess the full scope of the damages you are eligible to claim.

Q: What Are the Odds of Winning a Personal Injury Lawsuit?

A: The odds of winning a personal injury lawsuit are roughly 50%, according to the Bureau of Justice Statistics. It is important to remember that to succeed with your personal injury case; it will be crucial to prove fault for the injury, prove the full scope of the damages the defendant caused, and show that the defendant is directly responsible for your claimed damages.

Q: Will I Need to Resolve My Personal Injury Case in Court?

A: You may need to resolve your personal injury case in court. However, the chances of this are statistically low. Nearly 95% of personal injury cases in the United States are resolved through settlement negotiations. During settlement, the plaintiff and defendant meet privately with their respective attorneys to negotiate mutually acceptable terms for resolving the case. If successful, they will not need to take the case to litigation.

Q: What Does It Cost to Hire a California Personal Injury Lawyer?

A: The cost to hire a California personal injury lawyer will usually be a percentage of your total compensation. Most personal injury attorneys throughout the state accept cases on contingency. This means the client does not pay upfront fees; instead, they only pay a percentage of the total compensation their attorney secures for them. Additionally, the client only pays the contingency if they succeed with the case. If there is no recovery, there is no fee.

Protecting Your Rights After a Personal Injury in California

Personal injuries happen in many ways throughout California, and injured victims need to know their rights when it comes to recovering damages caused by the negligence and misconduct of others. The attorneys at Duque & Price can provide comprehensive legal representation for the aftermath of your personal injury, so contact us today and schedule a consultation with our team to learn more about the legal services we offer.

About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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