Injury Lawyers for Your

Personal injury law is an area of civil law that allows injured parties to file legal claims and lawsuits against those who are responsible for causing their harm. This includes claims against people whose negligent, reckless, or intentional acts or omissions led to the victim’s injuries. In California, personal injury law is governed by the California Civil Code, the California Code of Civil Procedure, and the California Evidence Code, as well as by case law and jury instructions.

One of the most common types of personal injury claims is based on negligence. Negligence is the failure to use reasonable care to prevent harm to oneself or to others. 

To prove negligence, the injured party (the plaintiff) must show the following elements:

• The at-fault party (the defendant) owed a duty of care to the plaintiff. The duty of care owed depends on the type of case and the relationship between the parties. For example, the duty of care owed in an auto accident case would typically be driving as a reasonable person would drive under the same or similar circumstances. This duty is established by the California Vehicle Code, which sets forth the rules of the road for drivers.
• There was a breach of this duty of care. A breach occurs when the defendant fails to meet the standard of care that is expected of them in the situation. Examples would include a driver who chose to exceed the speed limit, run a red light, or text while driving.
• The breach in the duty of care caused the plaintiff’s injuries. Causation is the link between the defendant’s breach and the plaintiff’s harm. The plaintiff must show that the defendant’s breach was a substantial factor in bringing about the injury. This means that the injury would not have occurred without the defendant’s breach or that the breach made the injury more likely or more severe. Causation can be established by direct or circumstantial evidence, such as eyewitness testimony, medical records, or accident reconstruction.
• The plaintiff suffered damages as a result of the defendant’s negligence. Damages are the losses or harms that the plaintiff experienced because of the injury. Damages can be economic, such as medical expenses, lost income, or property damage, or non-economic, such as pain and suffering, emotional distress, or loss of enjoyment of life. The plaintiff must prove the amount and extent of their damages with reasonable certainty. Damages can be recovered by filing a claim with the defendant’s insurance company or by filing a lawsuit in court.

In California, personal injury law follows the comparative negligence rule, which means that the injured person’s compensation can be reduced in proportion to their percentage of fault. If the injured individual is found to be more than 50% at fault for the incident, they may be barred from recovering any damages. The comparative negligence rule is codified in California Civil Code section 1714.

Personal injury cases in California are subject to certain time limits, known as statutes of limitations. These are deadlines for filing a lawsuit in court after an injury occurs. The general statute of limitations for personal injury cases in California is two years from the date of the injury, according to California Code of Civil Procedure section 335.1. However, there are some exceptions and variations depending on the type of case and the defendant involved. For example, the statute of limitations for suing a public entity or employee is six months from the date of the injury, according to California Government Code section 911.2. If the plaintiff misses the statute of limitations deadline, they may lose their right to sue and recover damages.

Personal injury law in California is a complex and evolving field that requires the knowledge and skill of an experienced attorney. If you have been injured by someone else’s negligence or wrongdoing, you should consult with Text Kevin Accident Attorneys as soon as possible to protect your rights and interests.