Personal injury litigation is subject to different regulations in every state. To bring a case in California it is very important that you consult an experienced California personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in California can arise from negligence or intentional wrongdoing.
In California you must prove four elements to win any negligence case:-
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
In California personal injury lawsuits you can still recover damages even if your own negligence contributed to your injury. California follows the doctrine of pure comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. Even if the plaintiffs negligence was 90% responsible for an accident, a defendant can still be required to pay 10% of the damages.
California personal injury law follows a hybrid doctrine of joint and several liability when determining liability between defendants. The doctrine of several liability means that each defendant is responsible to pay only for the portion of the damages equal to their portion of the fault in the case. Joint liability holds all defendants responsible for the full amount of the damages. Under California law joint liability applies to your economic costs such as medical expenses and lost wages. Separate liability applies to non-economic damages such as pain and suffering and emotional distress.
California Law requires clear and convincing evidence that the defendant acted with oppression, fraud or malice in order to award punitive damages.
In California you have two years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in California you need the counsel of a personal injury attorney who understands the nuances of California law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.