Trusted Personal Injury Attorneys in Southern California

What Is Personal Injury Law?

Personal injury law — also known as tort law — refers to cases in which a person experiences injury due to another party’s negligence. This area of law dictates an individual’s rights when they’re harmed by another person and enables them to file a civil lawsuit in state or federal court. Any individual, business, government agency, or other entity can be held liable for personal injuries.

Throughout the lawsuit, the injured person is the plaintiff, and the other party that may be legally responsible for the harm is the defendant. These lawsuits can help the plaintiff collect either economic or non-economic damages to compensate for medical bills, lost wages, pain and suffering, emotional distress, or other harm. Some cases may also lead to punitive damages, which may be subject to certain limitations.

Many personal injury cases are resolved before a trial. The plaintiff, defendant, and their respective lawyers discuss the case and negotiate the appropriate compensation, often achieving a settlement. If the defendant has applicable insurance, their provider may pay the settlement fee.

Mediation and arbitration, which involve a neutral third party helping guide the discussions, also function as alternative dispute resolutions for personal injury cases.

How Do I Know If I Have a Personal Injury Case?

When you experience harm or injury, it’s often unclear if you have an actionable claim for a personal injury. Personal injury cases make up a large portion of overall civil lawsuits, and they include a wide variety of situations.

Most personal injury cases are founded on negligent actions of a person or entity that resulted in injury to another person. Several key factors can help you and your lawyer determine if your personal injury case was the result of negligence:

• Duty of care: The culpable party owed a duty of care to the plaintiff, meaning the law required them to fulfill certain duties.
• Breach of duty: There’s evidence that the party acted with negligence or without proper care, which caused harm.
• Causation: You and your lawyer must provide evidence that the defending party’s actions had a direct correlation with your injuries.
• Gross negligence: A complete disregard for others, malice, fraud, or intentional harm may support additional damages.
• Strict liability: The defendant may be liable for damages regardless of whether they were negligent, including in some product liability matters.

How Long Do I Have to File a Personal Injury Claim?

States have varying deadlines — also called a statute of limitations — for filing personal injury claims. California lawgenerally allows you to file a personal injury claim up to two years from the date of the injury.

If you discovered the injury later, a different deadline may apply. A lawyer can review when the injury occurred or was discovered and help determine the correct deadline for your case.