PERSONAL INJURY LAWS
IN CALIFORNIA
2022 Personal Injury Cases
- Motor Vehicle Accidents
- Medical Malpractice
- Product Liabilites
- Others
- Motor Vehicle Accidents
- Medical Malpractice
- Product Liabilites
- Others
Some simple personal injury cases can be resolved without an attorney. For example, perhaps you were in a rear-end collision in which the rear driver was clearly at fault. You might be able to resolve this claim fairly by negotiating with the insurance companies on your own. However, you probably need an attorney if the facts of the accident are complex, your injuries are significant or unusual, or the at-fault party is contesting liability. If a lot of money is at stake, you should not take a chance on going without an attorney. Also, an attorney almost always will be needed in cases that require expert testimony, such as most medical malpractice and products liability cases.
WHAT IS A CATASTROPHIC INJURY?
While definitions of “catastrophic” vary, a catastrophic injury is a life-changing injury affecting both the people that suffer from them and their family members and loved ones.
Some of the most common types of catastrophic injuries include:
Traumatic brain injuries
A brain injury can cause long-lasting damage and affect every body function. Symptoms of brain injuries may not appear right away. If a brain injury is suspected, it is critically important to seek medical attention immediately.
Facial fractures and skull fractures
Facial trauma can cause disfigurement, nerve damage, blindness, or limited jaw mobility. In severe cases, trauma can inhibit breathing or cause severe bleeding. Spinal cord injuries: A severe injury to the spinal cord may cause permanent disability and loss of sensation below the injury site.
Neck injuries
Injuries to the neck’s ligaments, muscles, and tendons may cause reduced movement, painful muscle spasms, and loss of range of motion. Disfigurement injuries: Scarring and disfigurement can cause severe physical pain and diminished quality of life.
Multiple broken bones
Bone fractures can be mild or severe, depending on the force of the break, the victim’s age, and the victim’s overall health. Compound and complete fractures may require surgical repair and open reduction/internal fixation with rods, screws, and plates.
Loss of limb injuries
Loss of a hand, arm or leg in a car accident creates a lifelong disability. The National Limb Loss Information Center estimates that 1.7 million people are living with limb amputations.
Loss of eyesight or loss of hearing
Not being able to hear or see is a life-changing adjustment that may make work and some activities impossible. Fatal injuries are also classified as catastrophic injuries. For people who survive catastrophic injuries will have far-reaching effects for years. They may shorten life expectancies and diminish the quality of life.
For some, a catastrophic injury may cause chronic pain. For others, a catastrophic injury may cause permanent disability that prevents the victim from working, attending school, or performing the simplest daily tasks.
Discuss your catastrophic injury with us today.
THE ATTORNEY
JASMINE A. MINES, ESQ.
FAQs
How do I know if I have a case?
You may still have a case even if you do not feel hurt at the scene. The biological response to a traumatic situation like an accident sends a rush of adrenaline through the body, which can temporarily reduce sensations of pain. You may start feeling significant pain or developing other symptoms later. It is wise to consult a doctor even if you do not feel immediate, excruciating pain, since some of the most serious conditions emerge over time.
How long do I have to file a personal injury case?
This will depend on the statute of limitations in your state. A personal injury case may need to be filed within a year of the accident, or you may have as much as four years to file. You should check the rule in your state to make sure that you do not accidentally waive your rights. There are some exceptions to the statute of limitations, but they are very narrow, so you should not assume that an exception applies. As a practical matter, moreover, you should try to pursue a claim as soon as possible while the evidence is still fresh. This will help you prove liability and the scope of your damages.
What do I do if an insurance adjuster calls me?
You should not speak with an insurance adjuster for someone else involved in the litigation. They may seem friendly and sympathetic, but they are almost certainly trying to coax statements from you that would reduce or eliminate the liability of their insured. Tell the insurance adjuster to contact your attorney, if you have retained an attorney, or contact your insurance company, if you do not have an attorney. The same points apply if an attorney for someone else contacts you.
What damages are available in a personal injury case?
The main type of damages is known as compensatory damages, which is further divided into economic damages and non-economic damages. Economic damages are based on tangible, relatively objective costs and losses, such as medical bills, lost income and earning capacity, property damage, and the costs of future treatment. Non-economic damages are more subjective, covering items such as pain and suffering, mental anguish, and lost enjoyment of life. Damages must be reasonably quantifiable to be awarded, rather than being speculative. If the defendant has acted in an especially egregious manner, you may be able to recover punitive damages in addition to compensatory damages. These are meant to punish the defendant and deter this type of conduct. Punitive damages are rarely awarded but can be substantial, although there are constitutional limits on how much they can exceed compensatory damages.
How much is my personal injury case worth?
This will depend on the specific nature of your injuries and cannot be ascertained until your case has been thoroughly investigated. You can ask personal injury attorneys in your area for a rough estimate, based on similar cases that they have handled. However, you should be aware that attorneys are prohibited from promising that they will recover a certain amount or otherwise predicting the outcome of a case. Any estimate that you receive likely will be vague and qualified. An additional question is how much you can actually collect, which may depend on factors such as the insurance of any at-fault parties, their assets, and your own insurance.
What if I had a pre-existing condition?
You can still get damages from someone else who was at fault for the accident. The damages may be reduced to account for the pre-existing condition, but you can hold another person or entity accountable for aggravating the condition. Someone who interacts with you takes you as they find you, so the question of whether someone without your condition would have been injured is irrelevant. That said, these cases tend to be more complex and may require the assistance of experts, so hiring an attorney may be especially important.
What if I was partly at fault for the accident?
The damages that you can recover if you were partly at fault depend on the state where you live. Only a few states use a contributory negligence rule, which provides that a victim cannot recover any damages if they were at all at fault. In some states, you will be able to recover damages as long as you were not 50 percent or more (or sometimes 51 percent or more) at fault. In other states, you will be able to recover damages as long as you were not completely at fault. The damages will be proportionate to the defendant’s degree of fault. If there are multiple defendants in a case, some states provide that each defendant will be liable for the defendants’ total share of fault if you cannot collect from all of the defendants. The rules in this area are technical and state-specific, so you should consult an attorney for further guidance.
