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Personal injury accidents in California can occur in various situations and locations. Personal injury law in California encompasses a set of legal principles and regulations that govern cases involving personal injuries caused by the negligence or intentional actions of others.

Mitigating Damages in Personal Injury Claims in California
Mitigating Damages in Personal Injury Claims in California

A personal injury claim refers to a legal action pursued by an individual (known as the plaintiff or claimant) who has suffered physical or psychological harm as a result of the negligent or intentional actions of another party. The purpose of a personal injury claim is to seek compensation (damages) for the losses and injuries incurred by the claimant.

To pursue a personal injury claim, the claimant typically files a lawsuit or initiates a legal process against the responsible party or parties (known as the defendant or defendants). The defendant could be an individual, a company, a government entity, or any other party deemed liable for the injuries. There are various types of personal injury claims that can arise when an individual suffers harm or injury due to the negligence or intentional actions of another party.

Personal injury law covers a broad range of practice areas, all of which involve seeking compensation for individuals who have been injured or harmed due to the negligence or intentional actions of others. PACIFIC ATTORNEY GROUP CAN BE YOUR LEGAL ADVISOR IN YOUR FIGHT AGAINST NEGLIGENT AND RECKLESS VEHICLE DRIVERS. We are determined to fight against injustice on your behalf.

Important Legal Points to Consider in Personal Injury Cases in California

Following are some key aspects of personal injury law in California:

  1. Statute of Limitations: California has a statute of limitations that sets a time limit within which a personal injury claim must be filed. Generally, the statute of limitations for personal injury cases in California is two years from the date of the injury or discovery of the injury. However, there are exceptions and variations depending on the specific circumstances, such as cases involving government entities or medical malpractice.
  2. Comparative Negligence: California follows the doctrine of comparative negligence. This means that even if the injured party is partially at fault for the accident or injury, they may still be eligible to recover compensation. However, their damages will be reduced by the percentage of fault assigned to them.
  3. Strict Liability: California recognizes strict liability in certain cases, such as product liability and dog bite cases. Under strict liability, a defendant can be held liable for injuries caused by their product or animal, regardless of whether they were negligent or not.
  4. Damage Caps: California does not impose caps on economic damages (such as medical expenses and lost wages) in personal injury cases. However, there are limits on non-economic damages (such as pain and suffering) in medical malpractice cases and cases against government entities.
  5. Shared Fault Rules: California follows the doctrine of joint and several liability, which means that each defendant in a personal injury case can be held individually responsible for the full amount of damages. This is particularly relevant in cases where one defendant may not have the financial means to pay their share of the damages.
  6. Insurance Requirements: California law requires drivers to carry liability insurance for bodily injury and property damage. The minimum coverage amounts are set by law.
  7. Pretrial Settlements and Mediation: Personal injury cases in California often involve settlement negotiations and alternative dispute resolution methods, such as mediation. These approaches aim to reach a resolution without going to trial, but if a fair settlement cannot be reached, the case may proceed to court.

It’s important to note that personal injury laws can be complex and subject to change. If you have a personal injury claim in California, it’s advisable to consult with an experienced personal injury attorney who can guide you through the legal process and protect your rights.