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Understanding Personal Injury Law in California

If you have been injured due to another party's negligence or intentional actions, it is essential to seek the advice of an experienced personal injury attorney in Pasadena. We can help you understand your legal rights, navigate the complex legal system, and work to ensure that you receive the compensation you deserve.

What is Personal Injury Law?

Personal injury law holds individuals or entities accountable for their actions that caused harm to another person. These cases can be based on the following:

  • Negligence cases involve situations where the defendant failed to exercise reasonable care, harming the plaintiff. 
  • Intentional acts involve situations where the defendant intended to cause harm 
  • Strict liability cases involve situations where the defendant is liable regardless of fault

There are many types of personal injury cases, including:

  • Car accidents
  • Slip and fall accidents
  • Medical malpractice
  • Product liability
  • Workplace accidents
  • Dog bites

Personal injury law is civil, not criminal, and allows injured individuals to seek compensation for their damages. This compensation can cover a wide range of costs, including:

  • Medical expenses
  • Lost wages
  • Pain and suffering

Without personal injury law, injured individuals would be left to bear these costs alone, which could be financially devastating.

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How Do You Prove Personal Injury?

While accidents happen, sometimes injuries result from:

  • Someone else’s reckless, negligent, or careless behavior
  • Some critical information has been omitted
  • Someone causing intentional harm

To prove these injuries, you must verify the four essential elements of a personal injury claim:

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Duty

Certain people and classes must take measures to protect or avoid harming others. An example of a specific duty is a landowner's duty to warn guests of possible dangers on their property.

Breach

A breach of duty refers to whether the defendant failed to fulfill their responsibility, whether it be a duty of reasonable care under general negligence or a specific duty created for certain classes.

Causation

Causation means that the victim must prove that the breach is related to the damages for which the victim seeks recovery. The plaintiff must link the breach to the injuries by establishing cause.

Damages

Economic damages can be quantified, such as medical bills. Noneconomic damages cannot be quantified, such as pain and suffering, mental anguish, loss of the enjoyment of life, and spousal consortium.

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Who Can I Hold Liable In My Personal Injury Case?

Personal injury law allows injured individuals to hold negligent parties accountable for their actions. Injured individuals can signal to others that negligent behavior will not be tolerated by seeking compensation, which can help prevent future injuries and promote safety in the community. Strict liability holds designers and manufacturers strictly liable for injuries from defective products. In these cases, the injured person does not have to establish the manufacturer's negligence, only that the product was designed or manufactured in a manner that made it unreasonably dangerous when used as intended.

Intentional wrongs can also be the basis of personal injury claims. For example, if someone hits you, you may be able to win a suit for the battery. Another example would be how if a store detective wrongly detains you for shoplifting, you could win a claim for false imprisonment.

It’s important to reiterate that while some intentional torts can cause criminal liability, a personal injury case is a civil proceeding. This means an individual or entity brought it and remains separate from any criminal charges brought by the government.

California Personal Injury Laws

Personal injury law varies by state, so it’s essential to understand California’s specific regulations. For example, California uses a comparative negligence system. This means multiple parties can be responsible for an injury, and each party is only responsible for their share. While some cases could prove a defendant is 100% accountable for the damage, the victim in these claims can also be partially responsible.

The state allows injury and accident victims to bring claims and lawsuits against those responsible for causing the harm. California’s statute of limitations is two years from the date of the injury. If the negligent party is a government entity, you must file personal injury claims within six months. However, California has elements to protect the injured, mainly if they don’t realize an injury has occurred immediately.

For example, a victim may file a claim under extended limitations, which allows them to file up to one year after the injury is discovered. Filing your claim before the statute of limitations runs out is essential for a successful lawsuit. Because laws vary by state, working with a Pasadena personal injury lawyer is the best way to ensure all deadlines are met and your case proceeds as smoothly as possible.

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Personal Injury Representation From a Real Trial Firm

While personal injury cases can be difficult and time-consuming, they can also be very rewarding for those who successfully obtain compensation. It allows individuals to hold others accountable for their actions and receive compensation for their injuries. Most lawyers want to settle your personal injury case quickly. Settling a claim means that you agree to accept money in return for dropping your action against the person who injured you. You'll sign a release absolving the other side of any further liability. Fiore Legal is not your average law firm. We are a real trial firm looking at your issue from a different perspective than lawyers who will pressure you into settling, whether or not it’s your choice. Because we always have your best interests at heart, we would never settle a case unless for the total value. We’re here to represent you in your pursuit of justice, whatever that takes.

Why Choose Fiore Legal For Pasadena Personal Injury Cases?

Facing powerful insurance companies can be challenging, and knowing your legal team is fighting for you from start to finish is invaluable. You deserve a personal injury lawyer invested in your case as a confidant, not just someone looking to make a quick buck from settling for less. You deserve Fiore Legal.

We’re dedicated to representing Pasadena because we’re part of the community. This has resulted in eight locations with over thirty team members providing extensive experience, ample empathy, and a tireless work ethic. Contact us today to schedule your complimentary consultation.

FAQs

What is comparative fault in personal injury cases?

Can I appeal a personal injury verdict in Pasadena?

What is a structured settlement in a personal injury case?

Can I still file a personal injury lawsuit if the accident happened a long time ago in California?

What is loss of consortium in a personal injury case?

Can I sue for a workplace injury in Pasadena if I already received workers' compensation?

What is the difference between a settlement and a judgment in personal injury cases?

Can I file a personal injury lawsuit against a government employee?

What is the role of social media in personal injury cases?

How can I prove damages in a personal injury case?

What is comparative fault in personal injury cases?

Comparative fault allows for assigning percentages of fault to each party involved in an accident, and damages are adjusted accordingly.

Can I appeal a personal injury verdict in Pasadena?

Yes, you can appeal a verdict if legal errors or misconduct during the trial significantly impacted the outcome.

What is a structured settlement in a personal injury case?

A structured settlement is an arrangement in which the plaintiff receives periodic payments over time instead of a lump sum. It is often used to provide long-term financial security.

Can I still file a personal injury lawsuit if the accident happened a long time ago in California?

The statute of limitations generally starts from the date of the injury, but there are exceptions for certain types of injuries or when the injury was not immediately apparent.

What is loss of consortium in a personal injury case?

Loss of consortium refers to damages awarded to a spouse or family member for the loss of companionship, support, and services due to the injured person's condition or death.

Can I sue for a workplace injury in Pasadena if I already received workers' compensation?

While workers' compensation typically covers workplace injuries, you may still have a separate personal injury claim if the injury was caused by a third party's negligence, such as a contractor or manufacturer.

What is the difference between a settlement and a judgment in personal injury cases?

A settlement is an agreement between parties to resolve the case out of court, while a judgment is a court's decision after a trial, determining liability and awarding damages.

Can I file a personal injury lawsuit against a government employee?

Yes, you can file a lawsuit against a government employee if their negligence caused your injury, but there are specific procedures and limitations when suing government entities or employees.

What is the role of social media in personal injury cases?

Social media posts and activities can be used as evidence in personal injury cases, so it's essential to be cautious about what you post during legal proceedings.

How can I prove damages in a personal injury case?

You can use medical records, bills, expert testimony, witness statements, and documentation of lost wages or other financial losses caused by the injury to prove damages.

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