Personal injury cases in California encompass a broad spectrum of legal matters that arise when individuals suffer harm due to the negligence or intentional actions of others. From car accidents to medical malpractice, personal injury cases aim to compensate victims for their injuries, medical expenses, lost wages, and pain and suffering. Not all injury cases, however, meet the elements that must be satisfied to obtain compensation. Personal injury laws can be confusing and overwhelming in this regard, this is why it is imperative to speak to an attorney to better understand your rights.
At AST Law, our goal is to guide and help you understand the intricacies of your personal injury case. We are committed to our clients and will investigate, negotiate, litigate, and try your case to ensure the best possible outcome. Throughout the process, we will keep you informed and engaged. Contact us today at 619-592-8507 to schedule a consultation.
Personal Injury Cases in California
Personal injury cases involve a plaintiff and a defendant, at a minimum. The plaintiff is the party that has been injured while the defendant is the party accused of causing the injury. The defendant can be a person or an entity, like a business, organization, or public agency.
Legal Theories
The plaintiff can only be successful if they satisfy all the elements of their case. Elements depend on the theory they use to file their claim.
- Negligence. The most common legal theory in personal injury cases is negligence, which requires proving that the defendant owed a duty of care, breached that duty that resulted in an injury, and caused harm as a result.
- Strict Liability. Under strict liability, a defendant can be held responsible for injuries regardless of whether negligence occurred. This theory is most often used with defective products, and the focus is on the dangerous nature of the product.
- Vicarious Liability. Vicarious liability is a legal rule that holds a person or entity responsible for actions committed by others. Typically, it applies to those who are in control of people (e.g., employer-employee relationships) who cause harm to victims.
- Intentional Torts. Intentional torts involve cases where the defendant intentionally caused harm, so the element of negligence is neither present nor required to prove.
Burden of Proof
The plaintiff has the burden to prove their case. They must establish the defendant's liability by a preponderance of the evidence, meaning that it is more likely than not that the defendant's negligence or intentional actions caused the injuries. In some cases where punitive damages are sought, clear and convincing evidence is the burden of proof. This standard is still less strict than the burden in criminal cases to prove guilt beyond a reasonable doubt but stricter than the civil court's preponderance of the evidence standard.
Our firm will advise you on the theory to be used in your case and what proving it would entail.
Common Types of Personal Injury Cases in California
Personal injury cases involve a wide range of accidents and incidents. Some of the most common are listed below.
- Motor Vehicle Accidents. These cases involve injuries resulting from car, truck, motorcycle, DUI accidents, or other motor vehicle accidents. Claims can be brought against negligent drivers, manufacturers of faulty car parts, or government entities responsible for road maintenance.
- Premises Liability. Premises liability cases arise when injuries occur due to unsafe conditions on someone's property, such as slip and fall accidents, inadequate security leading to assault, or dog bites. Claims can be brought against individuals, like homeowners, property managers, or property owners.
- Product Liability. Product liability cases involve injuries caused by defective or dangerous products. Manufacturers, distributors, or sellers may be held liable for injuries resulting from design defects, manufacturing defects, or inadequate warnings.
- Medical Malpractice. Medical malpractice claims arise when healthcare professionals fail to meet the standard of care, resulting in injuries, misdiagnosis, delayed diagnosis, medication mistakes, surgical errors, or birth injuries.
- Workplace Accidents. These cases involve injuries or illnesses sustained in the workplace due to unsafe conditions, inadequate training, or employer negligence. Many of these cases may qualify for workers' compensation, too. It is always best to speak to an attorney to ensure you file a timely, proper claim.
- Wrongful Death. Wrongful death claims arise when a person's death is caused by the negligence or intentional actions of another party. Family members may seek compensation for the loss of financial support, companionship, and funeral expenses.
- Nursing Home Negligence. These cases involve harm caused by negligence, abuse, or neglect in nursing homes, resulting in injuries to elderly residents.
- Defamation. Defamation occurs when false statements about an individual or business are communicated to others, damaging the subject's reputation. The injury in defamation cases is unlike most other personal injury claims where the injury is physical or mental – here, the harm is to one's reputation.
Most Common Types of Injuries in Personal Injury Lawsuits
Personal injury cases encompass a wide range of injuries resulting from various circumstances. Here are some of the most common types of injuries that often correlate with personal injury cases.
Motor Vehicle Accidents
- Minor cuts and bruises
- Fractures
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Whiplash
- Internal organ damage
- Catastrophic injuries, like paralysis or amputations
- Death
Slip and Fall Accidents (Premises Liability)
- Sprains
- Fractures
- Head injuries
- Soft tissue injuries
Dog Bites or Attacks (Premises Liability)
- Head injuries
- Minor to severe wounds
- Infection
- Emotional trauma
Medical Malpractice
- Chronic pain
- Cerebral palsy
- Damage to nerves or organs
- Spinal cord injuries
- Death
Product Liability
- Minor to severe irritation
- Burns
- Choking
- Electrocution
- Head injuries
- Organ damage
Assault and Battery
- Cuts
- Bruises
- Fractures
- Emotional distress
Workplace Injuries
- Minor strains
- Burns
- Electrocution
- Internal organ damage
- Amputations
- Occupational diseases
Defamation
- Reputational damage
- Emotional distress
Each personal injury case is unique, and the types and severity of injuries will vary. Here at AST Law, we will help you understand your rights, assess liability, and pursue appropriate compensation based on the specific circumstances of your case.
Damages in Personal Injury Lawsuits
The type of injury you sustain is directly related to the type of remedy you seek. In personal injury lawsuits, remedies refer to the relief or compensation awarded to the injured party as a result of their successful claim against the at-fault or liable party.
The following types of remedies are typically sought in a personal injury matter:
Compensatory Damages
Compensatory damages are the most common form of remedy in personal injury cases. They aim to compensate the injured party for the losses they have suffered as a result of the accident or injury. Compensatory damages can be further divided into two categories:
- Economic damages, which are awarded to reimburse the plaintiff for quantifiable financial losses, including medical expenses, rehabilitation costs, lost wages, property damage, and other out-of-pocket expenses directly related to the injury; and
- Non-economic damages, which compensate the plaintiff for subjective losses that are not easily quantifiable, including pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium (for the impact on relationships), and disfigurement or disability.
Nominal Damages
Nominal damages are a trivial sum of money awarded to the plaintiff. When these damages are awarded, compensatory damages are not. They are meant to recognize that a legal right was violated but damages were not sustained. For example, the floor of a restaurant was wet and you lost your balance, but you were not injured in any way.
Punitive Damages
Punitive damages, also known as exemplary damages, may be awarded in cases where the defendant's conduct was particularly egregious, intentional, or grossly negligent. The purpose of punitive damages is not to compensate the plaintiff but rather to punish the defendant and deter similar misconduct in the future.
Why Choose our Personal Injury Attorney in California
Suffering a personal injury can be a life-altering experience, bringing physical, emotional, and financial challenges. In the aftermath, navigating the legal complexities to secure compensation may seem daunting. This is where AST Law becomes your ally, dedicated to ensuring the success of your case.
At AST Law, our clients choose us because we are committed and knowledgeable. Our commitment and know-how materialize in the following ways:
- Legal expertise, which enables us to assess the unique aspects of your situation and build a robust legal strategy
- Thorough investigation to build a strong foundation and to increase the likelihood of a favorable outcome
- Advocacy and negotiation skills to maximize compensation for injuries, damages, and losses
- Legal representation in court where we offer a strong voice when presenting compelling arguments, cross-examining witnesses, and navigating the legal process
- Objective guidance to help our clients make informed decisions and alleviate the stress associated with pursuing a claim
In the aftermath of a personal injury, having a skilled personal injury attorney on your side can make all the difference. From legal expertise to compassionate advocacy, our role can be pivotal in ensuring the success of your case. If you've experienced a personal injury, don't face the challenges alone — consult with our office today.
