How You Can benefit from California Personal Injury Laws –
California Personal Injury Law covers personal injuries for which the injured party may recover damages caused by the at-fault party. When you suffer harm due to fault of another party in California, you can take action under the California Code of Civil Procedure. The most basic statute governing personal injury is found in California Civil Code 1708, which specifically states “Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights.”
Personal Injury Law benefits victims and family members by providing financial compensation and other remedies that are recoverable under California Personal Injury Law.
California is a “fault” insurance state, as explained by Nolo. This means that if you are the injured party in an automobile accident in California where another driver is considered the “at-fault party, you have several available options to get compensation for losses such as property, medical expenses, lost pay and other damages. One option is to file a personal injury lawsuit directly against the at-fault driver. If the other driver has only minimum liability coverage, the driver is personally responsible for your damages above the minimum liability coverage.
Dog bites are considered personal injury claims. Interesting to note is that the personal injury must be caused by a bite. All Law gives the example that if a dog scratches a child in the eye, it does not constitute a claim under California Personal Injury Law. California Civil Code 3342(a) specifically requires that the injury is a bite and the dog-bite injury occurred in a public place. Other California Laws could give a cause for claim such as negligence on the part of the dog’s owner in failing to restrain the dog.
Slips and falls, disability, wrongful death, parental responsibility
The injured party in slip and fall cases, accidents or other causes of disability or wrongful death is potentially entitled to recover damages under California Personal Injury Law. In case of wrongful death, the parent, guardian or decedent’s personal representative may file an action.
Loss of companionship, love and moral support are examples of non-economic damages that are recoverable under California Personal injury Law.
When a minor is the at-fault party in a personal injury lawsuit, the parents can be held responsible and forced to pay damages to the injured party. California Civil Code 1714.1(a) states “Any act of willful misconduct of a minor that results in injury or death to another person or in any injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct.”
Caps and limitations
There is a cap of $250,000 for non-economic damages in medical malpractice claims in California. There is a two-year statute of limitation for filing a personal injury claim and three years for filing a claim for property damage, such as damage to your vehicle.
California Personal Injury Law is extensive, providing citizens who are injured by an at-fault party with beneficial legal remedies. A California Personal Injury Attorney can help with filing a personal injury lawsuit and all other aspects of a personal injury case.
Contact a Personal Injury Lawyer in California that can help you with your legal case and injuries immediately. – Call Now: 1-909-325-6032
Originally posted 2014-11-13 17:38:57. Republished by Blog Post Promoter