File a Personal Injury Claim in CA
If you have been injured by another person, contact a lawyer immediately to learn how much your case is worth. This guide to California personal injury laws will discuss important factors you need to consider if you or a loved one has been harmed.
After You Are Injured & Statute of LimitationsTake care of your injuries immediately; Contact a lawyer; Document all injuries and any damage to property; Get information from witnesses; Open a claim with the other person's insurance company; Do not give any statements to anyone other than the police before speaking with a lawyer; Do not sign any releases of liability or potential claims before speaking with a lawyer
You have a limited amount of time to file your personal injury claim in California. The statute of limitations dictates how long you have to file the claim with the court after you are injured.
California statute of limitations laws may differ from those of other states.
Types of Claims: Who Is Liable?Negligence - The person or company who was negligent is liable.
Assault or Battery -The person who deliberately caused the injury is liable.
Defamation - The speaker or writer of the negative statement and anyone who repeats that statement is liable.
Strict Liability - The person or company engaging in the dangerous activity or who has, in some way, helped to put the product on the market is liable. In strict liability cases involving damage caused by an animal (animal bites), the person or company responsible for the animal is liable.
Products Liability - Anyone who has had a role in putting the product on the market could be liable.
Wrongful Death - Whoever would be liable for the activity that caused the death is liable.
Damages You May ReceiveReimbursement for medical treatment and lost wages; Reimbursement for damage to or loss of use of property that occurred as a result of the injury; Loss of services of your spouse: income, companionship, child care, etc.; Money for emotional distress and/or pain and suffering; Injury to reputation; Punitive damages
Limitations on DamagesGenerally, there are no limitations on damages you receive that compensate you for your injuries, although some limitations do exist in certain situations. Your non-economic damages, or those damages that are not based on money you actually paid, are more subjective and may be limited by statute or by circumstances of your situation. Punitive damages may be awarded when the behavior of the person that injured the victim was malicious, oppressive, or fraudulent.