If you were injured in an accident in California, you may be wondering if you have a case for compensation against the liable person or party. It’s important to know that you’re not alone in questioning this after an accident or injury.

After a crash, fall, or any other type of injury, it can be hard to know if what happened to you qualifies as a valid personal injury claim. Between the stress of recovery and the complexity of California’s civil legal system, getting clear answers to this common question can be difficult and frustrating.

At Berg Injury Lawyers, we understand how confusing this process can be, especially when you’re dealing with painful and expensive injuries. That’s why we’ve broken down the key factors that help determine whether you have a viable case and what your next steps should be.

Essential Elements of a Valid Injury Claim in California

To pursue compensation through a personal injury lawsuit in California, four essential elements must be present:

  • Duty of Care: The person or entity that caused your injury had a legal obligation to act with reasonable care. For example, drivers must follow traffic laws, and property owners must maintain safe premises.
  • Breach of Duty: That duty was breached through negligent, reckless, or intentional behavior—such as running a red light or failing to clean up a spill.
  • Causation: The breach of duty directly caused your injury. This often requires evidence or expert testimony linking the negligent act to your harm.
  • Damages: You suffered measurable losses, such as medical bills, lost income, or pain and suffering, as a result of the injury.

All four of these elements must be established for a claim to be successful. If any are missing, your case may be unable to move forward.

How California’s Comparative Negligence Rule Affects Your Case

California personal injury law follows a pure comparative negligence rule. This means you can still recover compensation for your injuries even if you were partially at fault, but your percentage of fault will reduce your award.

For instance, if you were 20% responsible for a car crash and your total damages were $100,000, you could still recover $80,000. This system ensures that even shared-fault victims have a path to financial recovery.

However, proving that the other party was mostly at fault—and minimizing your own fault in the process—can significantly affect the final compensation amount. That’s why it’s important to have a lawyer on your side even if you’re eligible to get compensation based on your degree of assigned fault.

Signs Your Case Is Worth Pursuing

Some injury claims are stronger than others. While every situation is unique, these signs generally indicate a case is worth pursuing:

  • Clear liability (e.g., the other driver ran a red light or a store failed to clean up a known spill)
  • Prompt and consistent medical treatment
  • Thorough documentation of injuries and recovery
  • Preserved evidence such as photographs, accident reports, and witness statements
  • Significant damages, including hospital bills, lost wages, and emotional distress

On the flip side, certain factors present in a personal injury claim can weaken it:

  • Pre-existing conditions (unless clearly worsened by the incident)
  • Minor or difficult-to-prove injuries
  • Gaps or delays in treatment
  • Disputed liability, especially if there’s limited or conflicting evidence

Still, even cases with these challenges and weaknesses are often viable. That’s where an experienced attorney can evaluate the full picture of what happened to you and offer guidance and, in many cases, a path to compensation.

How Berg Injury Lawyers Can Help

When evaluating a case, our legal team looks at several key factors:

  • Medical expenses and the cost of future care
  • Lost income and diminished earning capacity
  • Property damage (especially in vehicle accidents)
  • Non-economic damages, such as pain, suffering, and emotional distress

And at Berg Injury Lawyers, if you don’t win, you pay nothing. There’s also no cost or obligation to hire or simply to speak to one of our lawyers. We call that our No Fee Guarantee®.

Contact Our California Personal Injury Lawyers

If you’re unsure whether you have a case, don’t guess. Instead, get honest, direct answers from professionals who know California personal injury law. At Berg Injury Lawyers, our team offers free consultations to help you understand your rights and explore your legal options. We’ll review the facts of your situation, answer your questions, and give you an honest assessment—no strings attached.

Contact us today to schedule your free case evaluation. The sooner you get help, the sooner you can move forward with your life.