Monday, May 9, 2022

What is a Personal Injury Claim?

According to California personal injury laws, a personal injury claim refers to a type of civil lawsuit that is filed when a person suffers harm or loss resulting from an emotional, physical, or psychological injury. In California, any individual can be held liable for intentionally or negligently causing harm to another person. 

Some examples of common personal injury cases include slip and fall accidents, motor vehicle accidents, medical malpractice, wrongful death suits, premise liability, and products liability claims. In such cases, an injured party may be able to sue another person or entity for damages if they can prove that the other party intentionally or negligently caused their injuries. 

For instance, a person can take legal action against a company for injuries received from a defective product. If the person can successfully prove that they suffered actual harm because of the company’s defective product, then they will most likely be able to collect a certain amount of damages.

One important thing to keep in mind about personal injury claims in California is that the state follows a comparative fault system. Thus, if the plaintiff was responsible for causing any part of their injury, then their damages award will be reduced by the percentage attributed to their portion of fault. 

For example, suppose two drivers get into a car crash and one of them sues the other in court. If during trial it is revealed that the defendant driver is 80% at fault for the accident and the plaintiff driver is 20% at fault for the accident, then the plaintiff will receive 20% less than the amount of damages they would have received if the plaintiff had been 0% at fault for the accident.

As is evident from the above information, personal injury cases can become quite complicated because they have so many moving parts (e.g., the case itself, elements of proof, damages calculations, etc.). Therefore, if you have suffered an injury and need to file a claim, you should contact a local personal injury lawyer before your ability to bring a lawsuit expires. 

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