Bases for Filing a Personal Injury Claim in California

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CA injury claimIf you have suffered a personal injury at work, home, on your commute, or otherwise in your daily life in California, you are surely adjusting to a slew of unexpected short and possibly even long-term challenges. There are medical bills to be paid, rehabilitation to undergo, and the prospect of being partially or totally limited in your ability to perform your job duties, family responsibilities, and other obligations.

Fortunately for California personal injury victims, state law allows for financial damages to be sought from the individual, business, or institution responsible to account for the harms and losses suffered. The purpose of this article is to explain the most common sources of personal injury claims and the timeframe in which they may be brought in California.

Five Common Bases for Personal Injury Claims

There are five common causes of personal injuries in both California and the nation at large:

  • Car accidents;
  • Workplace accidents;
  • Medical malpractice;
  • Slip and falls; and
  • Defective products.

While car accidents, workplace accidents, and slip and falls are fairly self-explanatory in terms of cause and effect, medical malpractice and defective products bear some additional explanation. Medical malpractice occurs when an individual is injured or killed because of the negligence of doctor or other medical professional. Negligence is the breach of a duty owed that causes damages (injury or death in matters of medical malpractice). Medical malpractice law is an inherently complex area on account of the scientific nature of medical practice (e.g. surgery).

Products liability law, which governs the issue of a defectively designed or manufactured product, is similarly sophisticated, as it must engage with engineering and other scientific processes. In bringing a personal injury claim on your behalf, an experienced personal injury attorney will work to obtain all facts relevant to your injuries and other losses, whether they concern the intricacies of medicine or finer points of manufacturing and design.

The Statute of Limitations for Personal Injury Cases

In California, a personal injury victim must file a legal claim within two years from the date of the injury to be eligible to seek financial compensation in court. When it comes to car accidents, workplace accidents, and slip and falls on the premises of a business or individual, the injury date that begins this tolling of the “statute of limitations” is usually quite clear.

With regard to medical malpractice or exposure to dangerous chemicals, the injury date may not be immediately apparent. As such, exceptions may be granted, as has been the case with regard to victims of exposure to asbestos and other toxins. Whatever the specific circumstances surrounding your personal injury, rely on an experienced Fremont personal injury attorney to fight for the compensation you are entitled to.

 

 

Source:

https://leginfo.legislature. ca.gov/faces/codes_ displayText.xhtml?lawCode=GOV& division=3.6.&title=1.&part=3. &chapter=2.&article=1 .

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