Personal Injury Laws in California

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 Personal injury consists of any type of injury to one’s body, mind, and emotions as compared to damage to property. Personal injury is different from the law of torts because the law of torts includes every kind of civil wrong while personal injury only consists of bodily injury. Let’s discuss more personal injury claims in the state of California in this article.

Personal Injury Laws in California

Deadline for Filing Personal Injury Claims

Every state sets down a specific time limit for filing a personal injury claim. This kind of law is known as the statute of limitations. This deadline or timeframe is different and depends on the type of case you are filing.

The state of California gives you a time period of 2 years from the date of the accident. You have to file the personal injury claim within the 2-year deadline otherwise you will lose your right to get compensation. However, there are some special situations where the deadline can be extended.

However, for injury claims against the state or government, there’s a different time limit. You need to file the claim within 6 months to claim the compensation with proper adherence to the procedural laws.

Shared Fault Laws

In cases of shared and contributory negligence where the defendant claims that the other person is also at fault. In these types of cases, California statute follows the doctrine of “pure comparative negligence”. According to this doctrine, the compensation which you are entitled to receive will be reduced by an amount that is equivalent to the percentage of your fault for the accident.

However, your insurance adjuster can also increase the amount of your negligence. That all depends on how good your negotiation skills are with your insurance claims adjuster who deals outside the court system.

Strict Liability on Dog Bites in California

According to the California statute, dog owners are protected by the ‘One Bite Rule. According to this rule, if a dog bites someone for the first time and if there is no reason to believe that the dog is dangerous then the dog owner is protected from the injury claims.

However, personal injury law in California provides for strict liability in case of dog bites. The owner of the dog is strictly liable in case his dog bites a person be it anywhere including at a public place, private place, or at the property of the dog owner.

When a Person Can’t Claim Personal-Injury Damages

California law prevents the driver to recover non-economic damages even if the other driver is at fault. Non-economic damages include emotional distress, mental stress, and inconvenience. One exception to this rule is if the driver who is at fault is doing rash driving under the influence of alcohol. Then in this circumstance, the plaintiff can recover damages.

According to the Medical Injury Compensation Reform Act, California law limits the number of damages that cannot exceed more than 250 dollars.


Scared of facing a criminal charge under the Californian Personal-Injury Law? Contact the best criminal defense lawyer in California today.
Location: United States

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