Personal Injury
Personal injury law involves situations where an individual suffers harm due to another person’s negligence or wrongdoing. In most cases, the injured party must prove that the other person was at fault. An experienced attorney can help navigate complex cases, advocating on your behalf against insurance companies to secure compensation for pain and suffering, lost income, and medical expenses.
In California, the statute of limitations for filing a personal injury lawsuit is 2 years. This means a claim must be initiated within 2 years of the incident, or it may be permanently barred. California follows a comparative fault rule, meaning that if the injured party is partially responsible for the accident, any compensation awarded will be reduced by the percentage of their own fault.
Wrongful Death
Losing a loved one due to someone else’s negligence is incredibly difficult, and legal proceedings can add to the emotional burden. A compassionate attorney will work to make the process as manageable as possible.
Wrongful death claims arise when a person dies because of another’s negligence or misconduct. These civil lawsuits can be filed by the deceased’s family members, survivors, or estate representatives. In California, a wrongful death claim must be filed within 2 years of the individual’s death. Damages may include funeral and medical expenses, as well as compensation for the loss of the deceased’s companionship, support, and services.
Car Accidents
Following a car accident, an injured person can file a claim with the at-fault party’s insurance or pursue a lawsuit to prove negligence and recover damages. In many situations, settling outside of court is preferred due to time and cost considerations. If the case proceeds to trial, the plaintiff must demonstrate that the defendant was negligent—such as by distracted driving—and that the negligence caused the accident and injuries.
It’s crucial to carry auto insurance in California. If you’re injured in an accident but were driving without insurance, California law bars you from claiming damages for pain and suffering, regardless of fault.
Damages are based on the injuries sustained in the crash. California mandates minimum insurance coverage of $15,000 per person, $30,000 per accident for bodily injury, and $5,000 for property damage. If the at-fault driver’s insurance isn’t enough—or they’re uninsured—you may be able to claim additional compensation through your own policy’s uninsured/underinsured motorist coverage. While not legally required, this coverage is highly advisable.
Traumatic Brain Injury (TBI)
TBI occurs when a blow, jolt, or penetration to the head disrupts normal brain function. Common causes include car accidents, falls, physical assaults, and being hit by an object. Effects range from mild concussions to severe conditions like memory loss, permanent disability, or death. Around 1.7 million TBIs occur annually in the U.S.
If another party is responsible for a TBI, the injured person may pursue legal action. TBI cases often involve significant medical expenses and long-term care needs.
To support TBI patients, California offers resources through its Department of Rehabilitation, along with federal programs, to assist with medical costs and daily living needs. Nationwide, TBI-related costs total roughly $76.5 billion annually.
Slips and Falls
Slip and fall incidents happen when someone is injured due to a hazardous condition on another person’s property. As with other personal injury claims, the lawsuit must be filed within 2 years of the incident. However, if the injury occurred on government property (such as a defective sidewalk), a claim must be submitted to the government entity within 6 months.
Proving liability can be difficult, as the injured party must show that the property owner knew—or should have known—about the dangerous condition and failed to address it in a reasonable time frame.
Dog Bites
California holds dog owners strictly liable when their dog bites someone in a public area or lawfully on private property. Under the strict liability rule, the dog owner is responsible regardless of whether they were aware that the dog might be aggressive.
However, there are exceptions. For example, if the injured person was trespassing at the time of the bite, they may not be eligible to recover damages.