Free case evaluation (818) 507 8525
Insights on artful litigation

California Personal Injury Law Basics

Personal Injury California

If you’ve been injured in an accident, or on someone else’s property, you may be entitled to compensation. But US personal injury law is not consistent across all states. In fact, there’s nothing whatsoever in federal law about personal injury. Personal injury cases are decided on the basis of tort law, which varies by state.

So, what if you’ve been injured in the state of California? Or what if you’re being sued for personal injury? Here’s a quick guide to what you should expect.

California Tort Law is Based on Comparative Fault

In most states, tort law falls into two different categories: fault, and no fault. In a fault state, the person who is directly responsible for the accident is responsible for paying all related bills. For example, if someone is injured on your property in a fault state, you have to pay all their medical bills. Conversely, in a no-fault estate, a person’s insurance company is responsible for paying the bills.

California is a bit of an oddball. It’s a comparative fault state, which means that a judge or jury must decide what percentage of fault each person is responsible for. So, for example, if you’re in an accident, and the judge finds you 25 percent at fault, you will pay 25 percent of your medical bills, and the balance will be paid by the other driver’s insurance company.

California Insurance Companies Have Generous Deadlines

When you’re injured in an accident, you need to notify the other person’s insurance company. In the most common case, an auto accident, this would be an auto insurance company. The company will then have 15 days to acknowledge your claim. Within this period, expect to get a call from an actuary who will ask you questions about your claim. They will ask to record your answers, but California is a two-party consent state. You don’t have to let them record if you don’t want to.

The company will then have 40 days to either accept your claim or deny it. Most likely, they will offer you a settlement for less than your actual damages. To get a more fair payment, you should contact an attorney. The attorney can negotiate on your half to get a better deal. Either way, once a settlement has been reached, the company will have 30 days to pay you. In the event that you can’t reach an acceptable settlement, you’ll need to proceed with a lawsuit.

The California Statute of Limitations is Three Years

Not all injuries are immediately apparent. For example, a back injury such as a slipped disk can take months or even years to fully manifest. In California, you have up to three years to file a personal injury claim. A court can waive this requirement under certain circumstances, but you’ll need a qualified attorney to get that done.

Your Odds are Better With an Attorney

Regardless of whether you’re filing a claim or being sued, it’s a good idea to hire an attorney. The fact is that insurance companies have staffs of high-powered corporate lawyers who know insurance law like the back of their hands.

Odds are, you don’t have the legal expertise to take on this challenge by yourself. You need a professional attorney, someone who knows tort law just as well as the insurance company’s team. By hiring the right law firm, like the KJT Law Group, you’ll be well-equipped to handle any challenge the big corporate teams can throw at you.

If you’re in need of assistance, contact us online for a free consultation. Alternatively, you can email us at info@KJTLawGroup.com, or call us at (818)-507-8525. Our team is ready and willing to help you can get the justice you deserve.

Insights on artful litigation

Hit By A Car Crossing The Street? Here’s What To Do Next

Did you know that most pedestrian accidents occur between the hours of 6 and 9 p.m.? About 3 out of 4 accidents where a car hits a pedestrian take place in the dark. This is why it’s so important to wear bright, reflective clothing. If possible, wear flashing lights that can be seen from different angles.

Understanding Personal Injury Law in California

Being injured, even relatively mild injuries can cause serious disruption to your life and overall wellbeing. Personal injury laws exist to help people make a claim against the costs and disruption caused by an injury when that injury was caused by someone else’s carelessness, negligence, or recklessness. In some cases, omitting critical information that causes […]

California Wrongful Death Law

The wrongful death of a family member can feel debilitating, scary, and stressful. The comfort of your loved one is gone and so is their financial and emotional support. However, in your case fits the criteria for wrongful death under California law, you may be entitled to compensation. The California wrongful death law, (under Civil […]

Wage Theft in California and You

In a proper employer/employee relationship, your employer should be expected to pay you your earned wages and overtime payments on time. Moreover, your employer should be expected to provide you with proper rest periods during your shift and allow you to report expenditures made out of your pocket on the business’ behalf.   But unfortunately, […]

A Guide to Slip and Fall Injuries

Just because you’ve fallen while visiting a local business does not automatically qualify you for compensation in a civil claims court. Since the process of hiring an attorney and establishing a case can be costly and time-consuming, you need to know how slip and fall injury claims work to build a successful case. Use this […]

Worker’s Compensation Claims During COVID-19

The current pandemic has left many employees in ambiguous situations. While some essential workers are still required to report to their physical place of work, others have taken up working at home to still meet their deadlines and bring in income. After all, many Californians have been ordered by recent laws to shelter in place […]

Workers Compensation in California

Workers Compensation in California If you’ve been hurt on the job, it’s important to understand your rights. These rights can vary from state to state, so California law is what matters here. In the State of California, the workers compensation system works on a no-fault basis. This system is designed to benefit both workers and […]

California Workers’ Compensation Attorneys

Injured on the job? Don’t worry about being unable to pay your medical bills just yet – you have options! Chances are your employer has workers’ compensation insurance, as it’s a state-mandated program that provides benefits to people just like you. This being said, some workplaces are less than cooperative when it comes to ensuring […]

Free Case Evaluation

Please prove you are human by selecting the House.

Loading the Art of Law