If someone has suffered any form of harm due to the actions of another person, that act could be grounds for a personal injury claim. This is true whether or not the person intended to inflict pain or not. This leaves many people asking, “What is considered personal injury in California from a legal standpoint?” It’s an important question to ask because if your injuries fall under the category of personal injury law, it opens the door for you to pursue compensation for what happened.
To comprehensively explore your legal options, it’s worth connecting with seasoned Sacramento personal injury attorneys. These professionals are trained to help evaluate what happened and recommend that their clients pursue a case if they believe there are grounds to win. Personal injury lawyers understand the nuances of these claims, helping them to navigate your case to ensure you recoup every dollar you’re owed from medical expenses, lost wages, and other related damages.
Common Types of Personal Injury Claims
There are many different categories that a personal injury can fall into. Some of the most common across California include:
- Vehicle accidents. One of the most common causes of personal injuries in California is when two motor vehicles collide. This can be between two traditional cars or involve a motorcycle, bicycle, or pedestrian. In these cases, California operates under a fault-based system. This means that at the end of your legal case, whoever is found liable for damages will be responsible for paying them.
- Premises liability. A premises liability case is when someone has been injured on another individual’s property due to an unsafe condition. For example, slipping and falling in a retail store.
- Medical malpractice. If you received care from a medical professional who failed to follow acceptable standards and caused you harm, you could have a medical malpractice case on your hands. Some of the most common examples of these cases include errors made during surgery, being diagnosed with the wrong condition, or being prescribed incorrect medication.
- Workplace injuries. While it’s true that many injuries that happen at work are handled through the state’s workers’ compensation program, you may have grounds to pursue a personal injury claim if your case involves third-party liability or a specific unsafe condition. In 2023 alone, private industry employers in California reported 363,900 nonfatal workplace injuries and illnesses.
Who Is Most at Risk for Injuries in California?
Some industries are just inherently more prone to injuries than others. For instance, construction jobs are known to present certain risks that make them more susceptible to being hurt on the job. Among California healthcare and social assistance workers, nurses accounted for 22.1% of all injury claims in recent years. The aides and assistants followed closely behind that figure at 20.4%.
Location could play into this as well. The data shows that urban areas also experience surges in injury. In San Francisco, over 415 people were injured per 100,000 residents in 2022. This suggests that occupation and location could influence your risk of injury. Being aware of this could help you stay more vigilant on the job to prevent yourself from becoming the next injury statistic in California.
Damages You Can Recover in California
If you were to win your personal injury case, there are many different areas of compensation you could pursue. Your attorney can help you better understand which areas you have a strong shot of winning.
Some of these include:
- Medical expenses, including all past, current, and future costs related to the injury
- Lost wages if you have missed time from work during your recovery
- Pain and suffering, including the emotional distress that the experience has caused
- Property damage, such as your vehicle, if you were in a car accident
- Punitive damages in cases that involve gross negligence or misconduct
Because each personal injury case in California is so unique, the damages you are able to collect will likely differ from those of your peers who may also be pursuing compensation. Work with your attorney to ensure you are not leaving any extra money on the table.
FAQs
Q: Do I Need a Lawyer for a Personal Injury Claim?
A: While you will not be penalized for not hiring an attorney in your personal injury claim, you could make mistakes or miss areas of compensation that are rightfully yours by not having this legal oversight. The process also involves complex negotiations and thorough investigations to collect evidence. You want someone who already has experience winning negotiations and knows where to look for evidence so you can earn every dollar that is rightfully yours.
Q: How Long Do Personal Injury Cases Take to Resolve?
A: The timeline of your personal injury case will vary based on how long the investigation takes, how clear the liability is, and how many injuries you have. Simple cases can settle in months, while others could take years or more. This is especially true if the other side is trying to argue that they are not responsible for causing what happened. Work with your lawyer and do not rush the process, as it could undervalue your long-term needs.
Q: What If I Was Partially at Fault for My Injury?
A: If you are found partially at fault for causing your own injuries, there is still a chance to receive compensation depending on how much fault has been attributed to you. For example, if you were found to be 20% at fault, your final compensation amount would just be reduced by this percentage. An attorney can help explain this and ensure that opposing counsel doesn’t try to suggest you are responsible for a higher percentage than what is actually true.
Q: How Do I Know If I Have a Strong Personal Injury Case?
A: The only way to know for sure if you have a strong personal injury case is to first connect with a personal injury lawyer and let them know what happened. During this interaction, your attorney will be listening for certain things that indicate your case could be strong, such as if you went to receive care immediately after the accident or require long-term care to get yourself back to normal.
Contact Guenard & Bozarth, LLP Today
If you have recently been injured in an accident, contact our firm right away. We know what a strong personal injury case looks like and will be honest about what your next steps should look like.
