If you are injured because of the negligent, dangerous, or reckless actions of another party, you deserve compensation. California upholds some of the most robust personal injury laws in the country to ensure victims can recover damages for their injuries. It can be difficult to know what is considered personal injury in California, so enlisting the help of a lawyer can help you determine if your claim has a chance of success.
Whether your injury occurred at work, at home, while driving, or at leisure, you should consider enlisting a Sacramento personal injury law firm to help you reach a reasonable settlement. Justin L. Ward has a thorough understanding of California’s workers’ compensation and personal injury laws due to his experience as a prosecutor. He can use his knowledge to negotiate a settlement that can help you cover your costs and feel a sense of ease.
Personal Injury in California Defined
A personal injury is an injury caused by a variety of circumstances and can occur at work, at a place of business, another person’s home, or even in an accident. A personal injury is harm caused by another party’s negligence and can be intentional or accidental. Moreover, it can be physical, psychological, or emotional. The severity of the injuries plays a major role in the type and amount of settlement you may receive.
Types of Personal Injury
Although a personal injury can occur in many ways, workplace injuries are some of the most common. For example, in 2023, there were 680,152 workers’ compensation claims in California, with 3.6 per 100,000 employees being injured, according to the State of California Department of Industrial Relations. Workplace injuries may involve slip and fall accidents, transportation accidents, being struck by objects, overexertion, chemical exposure, and workplace violence.
Personal injuries can also be associated with other circumstances. These include:
- Motor vehicle accidents. There were 4,428 motor vehicle fatalities in 2022, according to the California Office of Traffic Safety. Motor vehicle accidents, whether from cars, trucks, bikes, or motorcycles, can cause serious, lasting injuries.
- Slip and falls. A slip and fall accident can happen anywhere and is often the result of another person’s negligence. If a grocery store manager fails to clean up a spill, for example, an unsuspecting shopper could fall and sustain serious injuries.
- Premises liability incidents. Premises liability law in California states that property owners must create a reasonably safe environment for visitors and guests. This may include failing to repair cracks in pavement, hiring neglectful security, or failing to secure a swimming pool. All can lead to accidents and injuries.
- Medical malpractice. All doctors take an oath to ensure the well-being of their patients as well as other ethical practices. Sometimes doctors fail to uphold these standards or make mistakes that lead to medical malpractice and resulting injuries to patients. These may include misdiagnosis, failure to administer medication, or administering incorrect medication, and/or surgical errors.
- Dog bites. Dogs may be considered a man’s ideal friend, but sometimes they can be aggressive and bite unsuspecting victims. Dog bites can be serious, causing injuries that require medical treatment or even surgery.
- Defamation. Some personal injuries are not physical but rather emotional or mental. Defamation, or a civil wrong that harms a person’s reputation, is an example. In California, you may be able to make a personal injury claim for defamation in some cases.
These are just some examples of personal injury cases in California. While each of these is significant and can cause lasting pain for victims, your specific claim will determine the damages you may be able to recover. Speaking with your lawyer about your claim and gathering evidence regarding your accident, fault, the extent of your injuries, the length of your treatment, and other information can make all the difference for your claim.
Damages You Can Recover
While it is difficult to determine how much you may recover for your accident, there are consistent factors that impact your settlement. In California, you can recover both economic and non-economic damages depending on your claim and the evidence you have available to you. Specifically, you may be able to recover:
- Lost wages
- Medical bills
- Property damage
- Pain and suffering
FAQs
Q: What Is the Definition of Personal Injury in California?
A: In California, the definition of a personal injury is harm sustained intentionally, accidentally, or negligently by another party. Personal injuries may be physical, emotional, or psychological and can occur in a variety of ways, including at work, from a slip and fall accident, from medical malpractice, or as a result of a motor vehicle accident. Personal injury claims are generally heard in California’s Superior Courts.
Q: What Are the Criteria for Personal Injury?
A: The criteria for personal injury are that a person must have intentionally or accidentally caused harm and damages were incurred as a result. This is considered negligence, and the four criteria for negligence include an expected duty of care, a breach of said duty of care, the breach caused injuries, and the injury caused damages.
Q: What Is the Most Common Personal Injury Claim?
A: A common cause of personal injury claims is car accidents. These often result from the reckless negligence of another driver. Car, truck, bicycle, motorcycle, and pedestrian accidents can cause head and neck injuries, spinal cord injuries, broken bones, internal injuries, bruising, and severe burns, as well as pain and suffering.
Q: When Should I Seek a Personal Injury Lawyer?
A: You should seek a personal injury lawyer in California if you’ve suffered physical, emotional, or reputational harm due to someone else’s negligence, intentional act, or strict liability, such as in car accidents, slip-and-falls, or defamation cases. A lawyer is crucial when injuries result in significant medical costs, lost income, or emotional distress, as they can navigate complex California laws to maximize compensation.
Contact The Ward Firm Today
Being involved in any type of accident can be extremely disheartening, whether or not injuries were sustained. If you endure a personal injury as a result of an accident, you may be entitled to compensation. Do not hesitate to contact The Ward Firm today if you require legal assistance for your personal injury case. We can represent you with integrity, compassion, and fierce advocacy.
