Personal Injury Law in California
The state of California requires that in cases of personal injury, the plaintiffs must prove that the incident was caused due to the defendant’s carelessness or negligence. Plaintiffs must also prove that the defendant’s wrongdoing actually caused their damages and/or suffering. However, if in any way the plaintiff’s carelessness was also a factor, then the amount they can receive is reduced by their percentage of fault. California’s joint and several liability rules may also aid the plaintiff in finding justice. This law may force all of those at fault to pay all of the plaintiff’s monetary losses. For non-monetary damages, as in emotional stress and pain and suffering, those at fault will split the damages by percentage of fault.
Consumer product cases in California are governed by strict liability law. In order to win a personal injury lawsuit in these kinds of cases in California, the plaintiffs must prove that the product was made with one or more errors, which caused the consumer harm and damaged them in a substantial way. To get a successful result in a personal injury lawsuit over a flawed consumer product in California, the plaintiff must also prove that he/she was using the product in the correct way.
In cases of medical malpractice in California, there is a $250,000 limit on non-monetary damages, but there is no limit on monetary damages. In these types of cases, it is always best to consult a qualified expert in the medical realm in which the malpractice occurred.
Defendants in a personal injury lawsuit can be found responsible for a number of things in most cases. For example, they may be held responsible for any payments made by the plaintiff relating to the personal injury case that is underway. The defendant might also be responsible for any funds lost by the suing party, any personal property damage, any bodily injuries or permanent personal damage, any pain either physical or emotional, and any other costs due to the personal injury lawsuit at hand, not including attorney’s fees which are paid by the plaintiff out of the total settlement amount.
The statute of limitations in California for personal injury cases is two years, meaning that if there is no lawsuit filed within the first two years after the incident then there cannot be a lawsuit. Consult a qualified California Personal Injury Lawyer to see if you have a valid case before entering into any kind of litigation.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
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