Understanding Personal Injury Laws in California

by Staff Blogger | June 2nd, 2023

Like other states, different laws apply to different types of personal injury. California victims may be wondering which provisions are available to them. While the laws apply to everyone, each case is unique. A personal injury attorney at Berg Injury Lawyers in Sacramento can guide victims who may be unsure about which laws are relevant to their potential claim and how to pursue the maximum compensation.

Personal injury victims can count on California’s legal system to hold responsible parties accountable for any damages they caused. For example, if someone assaults another person and injures them, the law provides a means for the victim to file a claim for compensation.

This article provides an overview of California’s personal injury laws. It also explains how some of these laws are unique to California. First, let’s look at a few types of personal injury claims.

Different Types of Personal Injury Claims

In California, personal injury claims involve physical and mental injuries sustained due to another person’s negligence. Causes of personal injury are varied. The type of claim or lawsuit a victim should file depends on the grounds of their damages.

For example, victims of a vehicle accident usually find themselves with unforeseen medical bills, lost wages, and several other expenses related to the injuries sustained in addition to vehicle repair costs.

Who should pay for all of these? The simple answer is that the at-fault driver should compensate the victim. However, it’s not always clear who is at fault and how much the claim is worth. If you live in Sacramento, California, or a surrounding area, the personal injury attorneys at Berg Injury Lawyers can help you determine whether you have a claim and how to recover damages from the responsible party.

Berg Injury Lawyers also represents victims with the following types of personal injury claims:

  • Slip, trip and fall injuries
  • Product liability
  • Medical malpractice
  • Premises liability
  • Injuries at the workplace
  • Wrongful death
  • Dog bites
  • Assault

Let’s look at some of the laws that apply.

Personal Injury Laws in California

Although some personal injury laws are applicable across multiple counties, many variations exist. Below are some of the laws that apply in Sacramento, California.

Proof of Negligence

In California, someone is guilty of negligence if they know or should have known about a hazard but failed to take the necessary action.

For example, slip, trip and fall hazards can be any of the following:

  • Protruding tree roots
  • Wet or slippery floors
  • Inadequate lighting
  • Damaged sidewalks
  • Icy surfaces

To file a claim, you must be able to prove that the person you’ve identified as being responsible is the one at fault. You can claim compensation for damages such as hospital bills, lost income, and pain and suffering.

California Applies Pure Comparative Fault Law

The pure comparative fault law means that in California, victims can claim compensation even if they were partly to blame for their own injury.

The case you build against the defendant must prove that the defendant shares a percentage of the blame. That’s true, even if they’re 1% responsible. As long as they and their legal team can present the necessary evidence to proportion the blame, victims should proceed and file a claim.

Some states prevent victims from claiming damages if they are at least 50% to blame for their injuries. Others do not allow claims as long as the plaintiff played a part in the accident. These states apply the contributory negligence and the modified comparative negligence rule in contrast to California’s pure comparative law.

How Do You Know if You Have a Case?

In California, the laws are on your side, whether or not you had any part of responsibility in an accident. However, this does mean you have a higher chance of being counter-sued. Get legal advice from an experienced personal injury lawyer to determine if the benefits are worth filing a suit. Your case evaluation is free and confidential. Our No Fee Guarantee™  ensures that if you don’t win, you pay nothing.

Benefits of Hiring a Sacramento Personal Injury Attorney

Personal injury cases can be complex, involving multiple parties and big-name insurance companies that are determined to pay out as little as possible. Fighting these companies on your own can be exhausting and lead to waiting for you and your family when you need help the most.

An attorney that specializes in personal injury cases has the experience, the team, and the contacts to get things done. At Berg Injury Lawyers, we will treat you with compassion and respect, and get you the compensation you deserve for the expenses and hardship that you experience.

California law provides a way to claim compensation if you incur injuries due to someone else’s negligence or purposeful actions. Contact Berg Injury Lawyers Sacramento office for a free consultation.