Personal Injury
Accidents can happen in the blink of an eye, transforming everyday activities into unforeseen tragedies. In the state of California, personal injury laws are designed to protect individuals who have been injured due to another’s negligence or intentional harm.
Personal Injury Cases
Personal Injury law encompasses a wide array of incidents where an individual suffers physical or emotional harm due to someone else’s negligence or intentional conduct. These include:Car Accidents: Car accidents involve collisions between motor vehicles, often resulting in injuries to drivers, passengers, or pedestrians.
- Truck Accidents: Collisions involving commercial trucks, including diesel trucks, and are particularly complex due to regulations governing commercial driving.
- Wrongful Death: A wrongful death claim can be brought by family members of a person who died due to someone else’s negligence.
- Brain Injury: Brain injuries can be among the most severe personal injuries, leading to lifelong disabilities. Victims can seek compensation for medical expenses, rehabilitation, and loss of earning capacity.
- Spine Injury: Spine injuries are serious and often lead to permanent impairment or paralysis.
- Dog attacks
- Slip and fall accidents
A critical aspect of personal injury cases, especially involving commercial trucks, Class A drivers, and Class B drivers, is the California Vehicle Code. This comprehensive set of laws governs the operation of vehicles, including diesel trucks, and can play a significant role in establishing liability in a personal injury case.
Pure Comparative Negligence in California
Pure comparative negligence recognizes that accidents often involve shared responsibility. Rather than barring recovery for an injured party who bears some fault, California allows them to seek compensation based on the percentage of fault assigned to the other parties. California’s adherence to this system is codified in California Civil Code Section 1714, which states that all individuals are responsible for the result of their willful acts and negligence, and the law apportions damages based on the level of fault.
The court or the parties involved will determine the degree of fault for each party involved in the accident. The injured party’s total compensation will be reduced by the percentage of their fault. For example, if an individual is found to be 30% at fault for an accident, they would recover 70% of the total damages awarded.
Unlike some other systems, there is no threshold of fault that the injured party must be below to recover damages.
Statute of Limitations for Personal Injury Cases
For most personal injury claims, including those involving car accidents, brain injuries, and spine injuries, the statute of limitations is 2 years from the date of the injury. In the case of wrongful death, the statute of limitations is also generally 2 years, but it begins from the date of the deceased person’s death rather than the date of the injury.
Choosing The Law Office of Jovanni S. Garcia as your personal injury representation means choosing a firm committed to fighting for your rights. The firm’s approach is rooted in personalized attention and aggressive representation. We work tirelessly to ensure that our clients receive the MAXIMUM compensation for their injuries, including medical expenses, lost wages, pain and suffering, and more.