Personal Injury Law in California

Personal injury law in California is covered under California Civil Procedure Code §312.  Personal injury is defined in California as "a kind of civil case that includes actions for damages for physical injury to persons and property, and actions for wrongful death."

Personal Injury Classifications

There are different classifications of personal injury that are recognized in California. The two primary classifications that establish personal injury claims are:

Intentional Personal Injury

Intentional personal injury may be invoked when a person is found guilty of assault and battery,  vandalism or trespassing.  Each of these is a crime in themselves and are able to be charged as a criminal violation as well as a civil violation;

Negligent Personal Injury

Negligent personal injury law depends largely on the actions of the party charged with being negligent. There must be an established pattern of behavior that is violated by the person in carrying out specific actions. Injuries suffered as a result of drunk driving for example would be covered under negligent personal injury laws.

The Establishment of Liability

There are various ways that a claimant can establish liability under California Personal Injury statutes. They include:

Strict Liability

This form of liability must prove that the defendant is liable for the personal injury regardless of whether they were at fault or not.  This form of liability  is most often used in product defect claims. In order to establish that the claim is valid, the plaintiff would have to show evidence that the manufacturer is at fault for the injury due to poor manufacturing.  The burden of evidence is much lower in a civil case than in a criminal case;

Vicarious Liability

This form of liability establishes a third person at fault for the actions of another.  An example of this would be holding a business accountable for the actions of an employee. This type of liability does not require proof that the person being held liable did anything that condoned the guilty party's act.  This form of liability is also common in cases of driving under the influence when it is clear that a bartender or owner of a bar is liable for injuries sustained by a party in a drunk driving accident;

Joint and Several Liability - This form of liability is applicable when more than one defendant may be charged under personal injury statutes by themselves or as part of a single suit.  This type of liability was established to avoid lawsuits that were allowing plaintiffs to sue only those who had "deep pockets" while other defendants who also had responsibility were left out of the suits.

Statutes of Limitations on Personal Injury

On January 1, 2003 the California Statute of Limitations was extended to two years for personal injury claims to be filed. Prior to that date, only one year was allowed.

Summary

California residents who feel they have a personal injury case should contact a California Personal Injury attorney. Do not allow the statute of limitations to expire without finding out what your rights are. Many California Personal Injury attorney's will offer a free consultation. You have nothing to lose.

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