Every day, countless injuries are caused across the state of California due to accidents. In the aftermath of an injury, there will be a lot of factors to consider. Medical care, work absence, family matters, and legal options can all weigh on your mind. When seeking legal action, there is a simple question you must know the answer to: What is the difference between personal accident and personal injury?

What We Offer

Guenard & Bozarth, LLP has a team of Sacramento injury lawyers who are ready to help out. If you are confused about how your injury is classified under California law, we can determine what avenue your case should take. Guenard & Bozarth, LLP has decades of combined experience fighting both personal accident and personal injury cases and has obtained millions of dollars for our clients.

Personal Injury vs. Personal Accident

It can be confusing learning that the terms personal injury and personal accident have distinct legal definitions. Both words are often used interchangeably when talking about any type of incident that resulted in bodily harm. However, the two cases branch far apart from one another.

Personal Injury Laws

In the State of California, personal injury claims require that negligence or a wrongful act must be proven against the defendant. The person pursuing legal action is directly dealing with the other party involved in the injury. Additionally, the injured person who wishes to file a personal injury claim has two years from the date of the incident. Some common examples of personal injury cases include:

• Motor vehicle accidents. These revolve around proving that the other party was responsible for the crash and any damages to property or health. Examples of these could be getting hit by a drunk driver or by someone speeding far above the speed limit. There were 1,479 fatal alcohol-related crashes in the state in 2022.
• Faulty products. Claims that involve proving that a company released an unsafe, dangerous product that was the cause of any injury. This could be a mislabeling issue, defective elements, or untested mechanisms in manufactured goods. It could be anything from a malfunctioning phone to an airbag not triggering.
• Premises liability. Whoever owns a property, private or public, has a legal duty to ensure a reasonable level of safety for those who enter it. A slip and fall on a sidewalk, a runaway animal attack, a lack of security, or even a structural collapse are all examples of potential negligence that could be proven in court. Over 8.5 million people in the nation went to the emergency room for a fall-related accident in 2022.
• Medical malpractice. This falls under personal injury laws, but often has its own stipulations that lead to a different type of claim. Nevertheless, the injured party has to prove that the reasonable standard of care was not met. Some versions of medical malpractice include surgical errors, irresponsible communication with patients, and delays in any diagnoses or medical care.

There are many other types of personal injury cases one can pursue in California. The factor that ties them all together is that negligence or responsibility needs to be proven. The settlement is also negotiated directly with the legal team of the party responsible. Finally, financial compensation in personal injury cases may include additional sums for emotional pain and suffering that the plaintiff has endured.

Personal Accident Laws

Unlike personal injury, personal accident claims require no party to be at fault. These cases are oriented not around proving liability, but rather the injured person registering a claim with their insurance company. The time period for when a person must give written notice to their insurance providers depends on their individual plans and the nature of their injuries. Reading the details of your insurance plan is the first step to determining if the claim is a personal accident.

Some examples of personal accident claims include:

• At-home injuries. Any medical emergencies or accidents that occur in one’s own home do not fall under personal injury law. Examples of this could be falling down stairs, injuring oneself while preparing food, or slipping in the shower.
• Single-vehicle crash. Any vehicle accident that does not involve other parties, other than the injured driver, such as a car losing control due to icy conditions.
• Exercise accident. This can refer to any injury that is caused during any strenuous activity. Falling during a hike, losing control of one’s bike, or having a heart attack while jogging are all examples.

There are many types of personal accidents that can happen to anybody. In most cases, legal help may not be needed. However, insurance companies are notorious for denying a person’s claim even if it’s covered and insured. In these instances, the denied party has four years in California to file a breach of contract. In these cases, a personal injury lawyer is needed.

FAQs:

Q: Is Personal Injury the Same as Personal Accident?

A: No, personal injuries are not the same as personal accidents. Personal injury claims require proof that another party was at fault, whereas a personal accident does not require negligence for an insurance claim. A personal accident is typically an unfortunate accident without another party involved. A personal injury is due to someone else’s negligent actions or inaction.

Q: What Are the Odds of Winning a Personal Injury Lawsuit?

A: The odds of winning a personal injury case depend on the unique factors involved. If you can gather compelling evidence that your injury was caused by another party, you may have solid grounds for a successful claim. Obtaining help from an effective personal injury attorney greatly increases your chances of success with your claim.

Q: What Is an Example of a Personal Accident?

A: Personal accidents are when someone is injured due to variables out of anybody else’s hands. One example could be someone falling off their skateboard and breaking their arm. An unfortunate event where only a loss of balance is to blame. Another example is slipping and falling on a rug in your own home and breaking a bone. Another party is not to blame for the accident.

Hire a Personal Injury Lawyer

No matter if it’s another negligent party or an insurance company denying your claim, Guenard & Bozarth, LLP can help. We have time-tested strategies pushing back against bad faith insurance companies trying to take advantage of people, and our skilled legal team can prove it if negligence resulted in your injury. Contact us today for a consultation so we can discuss your circumstances.