Nobody plans to be injured. Unfortunately, you don’t plan accidents - and despite our best efforts, personal injury accidents can occur to anyone, anywhere, anytime. Something that happens in a fraction of a second can end up causing years of physical, emotional, and financial difficulties. Having at least a basic comprehension of how personal injury accidents function is crucial for California residents and visitors. This article by the Law Office of Ball & Yorke will help you glean important insights about the key components of California personal injury accidents, such as common kinds of accidents, legal considerations, and what to do if you find yourself or someone close to you in such a situation.

Legal Framework For California Personal Injury 

In California, personal injury law rests on a combination of case law and statutory law. Negligence is the primary legal principle of personal injury cases. The term “negligence” refers to one (or more) party’s failure to exercise reasonable care, and that failure to do so causes harm to another party. There are four elements that an injured party must prove when establishing a successful personal injury claim:

• Duty of Care: The defendant in the case owed a duty of care to the plaintiff during the accident
• Breach of Duty: This duty was breached through their inaction or actions
• Causation: The plaintiff’s injuries were a direct result of this breach of duty
• Damages: The plaintiff suffered measurable damages such as lost wages, medical expenses, suffering, and pain

Types Of Personal Injury Accidents That Often Occur

There are an extensive array of incidents that fall under the umbrella of “personal injury accidents.” Some common California personal injury accidents include:

• Slip and Fall Accidents: When property owners fail to maintain safe premises for visitors and hazardous conditions like uneven surfaces or wet floors cause injuries
• Car accidents: Distracted driving, speeding, and driving under the influence are common causes of car accident injuries
• Dog bites: Dog owners are beholden to strict liability laws in California holding them responsible for injuries caused by their pets 
• Medical malpractice: This can arise from misdiagnoses, surgical errors, medication mistakes, and more
• Product liability: If a defective product results in injuries, the injured party may sue the manufacturer

What To Do If You Get Into A Personal Injury Accident

Protect your legal rights and well-being with the following steps:

• Immediately seek medical attention
• Gather evidence to the best of your ability
• Report the incident to authorities
• Consult with an experienced personal injury attorney

Contact Us Today

California personal injury claims fall under a statute of limitations limiting the time frame you are able to file a lawsuit. The statute of limitations for most personal injury cases is two years, though there are certain exceptions. In order to have the best possible outcome for your California personal injury case, you should consult with an experienced personal injury attorney who will file the appropriate paperwork, gather evidence, and build the optimal case for your situation. Call the Law Office of Ball & Yorke for a consultation today.