For a personal injury claim to succeed in California, the victim must prove the defendant’s negligence caused their injury, and must do so within a strict timeframe
The total value of a claim is affected by the severity of the injury, the extent of the damages, and the comparative fault of all parties involved.
Legal liability
The vast majority of personal injury cases in California are based on the legal concept of “negligence”. To prove negligence, the plaintiff (injured party) must demonstrate four elements:
- Duty of care: The defendant owed a legal duty to the plaintiff to act with reasonable care. A driver, for example, has a duty to operate their vehicle safely and follow traffic laws.
- Breach of duty: The defendant failed to exercise reasonable care. This could be a driver who speeds or a store owner who fails to clean a wet floor.
- Causation: The defendant’s breach of duty was a substantial factor in causing the plaintiff’s injuries.
- Damages: The plaintiff suffered actual harm as a result of the injuries.
Comparative negligence
California is a “pure comparative negligence” state, which means a plaintiff can still recover damages even if they are partially at fault for the accident. However, the total compensation is reduced by the plaintiff’s percentage of fault.
For example, if a court awards $100,000 in damages but finds the plaintiff was 20% responsible for the accident, the final payout would be reduced to $80,000.
Damages
Personal injury damages in California are awarded to “make the plaintiff whole” by covering both financial and non-financial losses.
Economic (Special) damages
These cover measurable financial losses caused by the injury, which can be proven with bills and receipts. Examples include:
- Medical expenses: Costs for hospital visits, surgery, therapy, medication, and future medical care.
- Lost wages: Income lost due to time missed from work during recovery.
- Property damage: Cost to repair or replace property like a vehicle.
Non-economic (General) damages
These compensate for intangible losses that are not easily quantifiable and are often the largest portion of a claim. Examples include:
- Pain and suffering: Compensation for physical and emotional distress, including chronic pain, anxiety, and depression.
- Loss of enjoyment of life: Compensation for the loss of ability to participate in hobbies or other activities.
- Loss of consortium: Damages awarded to a spouse or family for the loss of companionship or support.
Punitive damages
These are awarded in rare cases where the defendant’s conduct was particularly malicious or egregious. Their purpose is to punish the defendant and deter similar behavior in the future.
Statute of limitations
Personal injury claims must be filed within a specific deadline, known as the statute of limitations. Missing this deadline will likely result in the dismissal of the case.
Standard personal injury claims
For most personal injury cases in California, the lawsuit must be filed within two years from the date of the injury. The “discovery rule” can extend this deadline if the injury was not immediately apparent.
Claims against government entities
The deadline is much shorter for claims against a California government agency.
- Administrative claim: An administrative claim must be filed with the agency within six months of the injury.
- Lawsuit: If the claim is denied, the lawsuit must be filed within six months of the denial.
Medical malpractice claims
In cases of medical malpractice, the statute of limitations is the earlier of either:
- One year after the injury was discovered (or should have been discovered).
- Three years after the date of the injury.
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