If you have recently been injured in California, you might be asking yourself, “Is California a personal injury protection state?” The answer is no. California does not follow any form of a personal injury protection system. Rather, the state operates under a fault-based system. This means the person who is found responsible for causing an accident must pay the damages.
The journey that leads up to assigning accountability under the law in these cases can be overwhelming. It’s why many turn to Sacramento personal injury attorneys for help. These professionals are trained to investigate personal injury cases and assign fault through extensive evidence collection and negotiation. Regardless of how you become injured, it’s worth connecting with these professionals to share your story and see what your next steps could be.
What Is the Difference Between Personal Injury Protection and Fault-Based Systems?
When someone lives in a personal injury protection state, it means they will need to use their own insurance to cover damages like medical expenses and lost wages. This is regardless of who is found to be at fault for causing the accident that led to these damages.
California is different. Their fault-based system requires whoever is found guilty of causing the accident to pay for the damages they caused to everyone else involved. For example, if you were injured in a crash, you would pursue compensation by filing a claim against their insurance company. While this process does take longer than simply using your own insurance, it allows Californians to seek a broader range of compensation to fund their recovery journey.
What Does the Claims Process Look Like in California?
When you file a personal injury claim in California, there are a number of steps you must take to ensure you successfully assign fault and recover the compensation you are seeking.
This includes:
- Gathering evidence to prove fault. You will need a collection of photos from the scene, medical records of your injuries, witness statements, and police reports. The stronger your documentation, the harder it is for the other side to try and misconstrue what happened.
- Filing a claim with the at-fault party’s insurance company. Once liability has been successfully established, you will need to submit a demand for compensation. When this happens, the other party’s insurance company will begin its investigation, which may lead to a settlement.
- Negotiating a settlement or preparing for trial. It is true that many cases settle outside of court. However, this isn’t always the case. If the insurer disputes whether their client is liable for what happened or offers you less money than you think is fair, your attorney may suggest you file a lawsuit.
If your injury happened at work, your personal injury lawyer may advise you to follow the workers’ compensation program to obtain money for your damages. For example, there were 680,152 First Reports of Occupational Injury in the state in 2023. Having a personal injury lawyer on your team can help ensure you are exploring every avenue possible to ensure no money is being left on the table.
When and Why You May Still Need Legal Help
Depending on the specifics of your case, it can still be a challenge to prove liability and secure the compensation you are looking for. There are many different entities trying to combat your efforts, like insurance companies, who want to try and minimize the extent of your injuries to pay less. Personal injury lawyers are well aware of these types of tactics and can proactively address them before they become an issue for you.
This is especially important in sectors like trade, transportation, and healthcare. Interestingly, these industries made up 48% of all occupational injuries and illnesses despite only representing 39% of California’s workforce. Imbalances like these are important to understand as individuals assess their own personal risk for personal injuries.
FAQs
Q: Can I Sue the At-fault Driver After a Car Accident in California?
A: Yes, if you have been injured and it has been proven that the other party was at fault for causing the accident, you could have grounds for a claim. This is a common path people will take when insurance doesn’t cover all of their damages. These lawsuits can expand your compensation coverage, taking pain and suffering, lost wages, and future medical expenses into consideration. An attorney can help you better understand whether a claim would be worth it or not in your case.
Q: Are Fatal Injuries in California Common in Personal Injury Cases?
A: Fatal injuries in California are an unfortunate reality, especially in personal injury cases. In 2023, data reporting shows there were 439 total fatal injuries in California. Sometimes, these instances will be recognized as wrongful death cases filed by surviving family members looking to seek justice and financial support. In addition to the traditional personal injury expenses, this could also include funds for funeral costs and the loss of income the family was dependent on.
Q: How Long Does It Take to Resolve a Personal Injury Case?
A: The timeline of your personal injury case compared to your peers will undoubtedly vary. One of the most significant factors is whether your case is settled without going to trial or if you need to advance to court. It’s important to remember that while you might want to put this case behind you as quickly as possible, rushing the process could inadvertently reduce how much money you could earn. Take time to gather evidence and present the most compelling arguments possible.
Q: How Do I Know If My Injury Is Serious Enough to File a Claim?
A: If your injuries have left you missing work, losing out on paychecks, or experiencing lasting discomfort, all of these point to the validity of a personal injury claim. Even injuries that seem minor at first, like whiplash or soft tissue damage, could lead to long-term issues that need to be compensated for. If you are still unsure, bring this to your lawyer’s attention. They are trained to assess what happened and let you know if your case qualifies or not.
Contact Guenard & Bozarth, LLP Today
If you have recently been injured in California and have more questions on your case’s qualifications, contact our firm today. We know exactly what to look for when it comes to pursuing compensation for injuries and can help you navigate your next legal steps with confidence.
