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Understanding Personal Injury Law in California

When personal injury claims are successful, the one who caused the injury or harm compensates the one who suffered the losses. Fiore Legal has extensive experience handling personal injury claims in West Covina, California, earning over $250,000,000 in damages awards for our clients.

How Does Personal Injury Law Work?

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 

Injuries of this type fall under personal injury law, considered civil law. The four essential elements of a personal injury claim are:

  • 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.

What Are Some Types of Personal Injury Cases?

Not every injury is considered a personal injury; there are specific circumstances that qualify an injury to be eligible for a claim.

Common types of personal injury claims include the following:

  • Auto accidents
  • Bicycle accidents
  • Dog bite cases
  • Medical malpractice
  • Injuries caused by manufacturer defects in products
  • A negligent behavior, action, or instruction that results in an injury
  • Slip and fall accidents
  • Construction site injuries
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Who Can I Hold Liable In My Personal Injury Case?

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.

No matter the claim’s basis, there are two fundamental issues: liability and damages. Was the defendant liable for the injuries you sustained? What is the nature and extent of your damages? If you can prove these two issues, our justice system will compensate you for your loss, including medical bills, lost wages from work, and pain and suffering.

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% responsible 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 West Covina 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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Mauro Fiore Jr. with Fiore Legal Injury Attorneys working with a client at a laptop

Personal Injury Representation From a Real Trial Firm

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.

Fiore Legal Is Here For West Covina

Pursuing legal action for personal injury can be complex and daunting. Knowing that you have a team that will help you from start to finish can make the process easier, and you deserve a lawyer invested in your case as a confidant. You deserve Fiore Legal. We’re West Covina community members invested in our neighborhood, not just someone looking to make a quick buck from settling for less.

Our dedication to understanding and representing our neighbors have produced eight locations with over thirty team members, providing extensive experience, empathy, and a tireless work ethic. Contact us today to schedule your complimentary consultation.

FAQs

What is a demand letter in a West Covina personal injury case?

What is the role of insurance companies in personal injury cases?

What is the discovery process in a California personal injury lawsuit?

Can I settle my personal injury case out of court?

What is mediation in a personal injury case?

What happens if a personal injury case goes to trial in West Covina?

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

What is the role of expert witnesses in a personal injury case?

What is the collateral source rule in California personal injury law?

Can I file a personal injury lawsuit on behalf of a deceased family member in West Covina?

What is a demand letter in a West Covina personal injury case?

A demand letter is a written document from your lawyer to the at-fault party's insurance company outlining your injuries, damages, and the compensation you seek to settle the case.

What is the role of insurance companies in personal injury cases?

Insurance companies often represent the at-fault party and are responsible for negotiating settlements or defending against lawsuits.

What is the discovery process in a California personal injury lawsuit?

In discovery, both parties exchange information and evidence related to the case, including depositions, interrogatories, and document requests.

Can I settle my personal injury case out of court?

Yes, many personal injury cases in California are settled out of court through negotiations between parties.

What is mediation in a personal injury case?

Mediation is a form of alternative dispute resolution where a neutral third party helps parties settle outside of court.

What happens if a personal injury case goes to trial in West Covina?

If a case goes to trial, both parties present their arguments and evidence to a judge or jury, who will then determine the outcome and any damages awarded.

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

Yes, but under the California Tort Claims Act, specific procedures and deadlines exist for filing claims against government entities in California.

What is the role of expert witnesses in a personal injury case?

Expert witnesses such as medical experts, accident reconstructionists, or vocational experts may provide specialized knowledge or opinions relevant to the case.

What is the collateral source rule in California personal injury law?

The collateral source rule allows you to recover damages even if you have received compensation from other sources, such as health insurance or disability benefits.

Can I file a personal injury lawsuit on behalf of a deceased family member in West Covina?

Yes, certain family members may file a wrongful death lawsuit on behalf of a deceased loved one who died due to another party's negligence.

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