Different state laws define personal injury actions for each state. The California laws pertaining to personal injury
apply to intentional acts or negligent actions, which resulted in serious injury. These acts can result from vehicle
accidents, violent assaults, and liability torts, including defective product injuries and animal attacks.
If another person's negligent actions result in you suffering an injury, you can file legal action against the one
responsible. By submitting a personal injury claim, you could receive financial compensation for a variety of
losses. The losses you can be compensated for include a reduced earning capacity, rehab costs, medical bills, lost
wages, or pain and suffering resulting from your injuries.
To receive this compensation and to file a personal injury claim, you need to contact Orange County Personal Injury
Attorney. We specialize in this field, and you could receive up to three times more compensation with proper legal
representation, then if you attempt this process on your own. We are experienced in California personal injury laws
and will ensure your claim is filed on time and with the proper information.
Each state has an amount of time you are allowed to wait before filing a personal injury claim if you have suffered
harm. This time is called a statute of limitations, and the different deadlines depending on the type of case you
The State of California allows a person up to two years from the date they are injured to go to court against those
responsible for their injuries. This statute of limitations means the injured party has to go to court within a
two-year time frame, or the court can refuse to hear the case, and their right to compensation can be lost.
Due to the statute of limitations, you should contact Orange County Personal Injury Attorney as soon as possible.
Evidence can be collected, and any supporting material for your claim can be gathered and filed on time. This
information will allow your attorney to prove negligence on the responsible party's actions and seek the
compensation you deserve.
To prove negligence in a California personal injury suit, you must show:
That you were owed a duty of care. This duty of care refers to a legal obligation due to the nature of your relationship with the defendant. An example would be a teacher has ‘duty of care’ with their students under their care, or airlines have a ‘duty of care’ to their passengers.
While there is no 'legal' definition for 'duty of care' under California law, the Supreme Court has stated this idea applies to those legally obligated to prevent predictable harm to others when it is considered reasonable for them to do so. Under California Civil Code section 1714(a) there is an obligation set forth for a general duty of care.
That through this care, negligence was breached. Under California law, negligence is the failure to use reasonable care to prevent injury to others or oneself. A person is considered negligent if they do not use reasonable care in a given situation. They are also negligent if they fail to perform an act that a reasonable person would do to prevent harm to another in the same situation.
That through this act of negligence, your injuries were sustained.
If you are filing a claim against a government body, you have six months to file a personal injury claim and are
required to follow strict procedural rules. A person can be injured in countless ways that can create a personal
injury claim against the government. Faulty stairs in a government building, a city bus causing an accident
resulting in harm, or a slip and fall from oil left standing at the DMV are just some of the examples where you can
sustain an injury that results in the government being responsible.
Special rules have to be followed if your injury has resulted from an accident that the government is even partially
responsible for, whether it be a city, state, or federal. The city, county, or federal government set their own
rules as to who can sue them, how they can be sued, and for what they can be sued. To file a claim against the
government for harm received, you have to start by filing a formal written claim against the government body
responsible. This claim generally has to be filed within 30 to 180 days from the date of the accident. By not filing
within their time limit, or failing to provide the required information, you may forfeit your right to compensation.
If you have been in an accident that involves a government body, for example, a city bus driver’s poor driving
skills or harmed inside a government building, contact Orange County Personal Injury Attorney immediately. Some time
limits are as short as thirty days, and our attorney will be able to verify the deadline you must follow and ensure
all information is filed properly. You do not want the wrong information entered, as correcting the error may not be
possible if time runs out on filing.
Lawsuits against governments are more complex than a similar case. You will need an experienced personal injury
attorney working with you to address any form of a negligence claim against a city, state, or federal government
body. Examples of where you may be able to hold them accountable include falling down on a crumbling sidewalk
outside a government building, being struck by an on-duty police officer who runs a red light, or being involved in
an accident caused by a city bus driver.