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Antaramian Law Nov. 27, 2024

Common Personal Injury Claims in California

An accident can destroy your life in an instant. From physical injuries and emotional distress to financial issues, the aftermath is often overwhelming. If you're thinking of filing a personal injury claim after an accident, Antaramian Law, APC is here to support and guide you through the process.

With nearly a decade of experience in defending insurance companies, Antaramian Law, APC provides dedicated and thorough legal representation to individuals and families across California, including Los Angeles, Riverside, San Bernardino, Orange, Ventura, and Kern Counties.  

Understanding Personal Injury Claims

In California, personal injury claims occur when someone suffers harm due to another party's negligence or intentional actions. These claims can cover a wide range of situations, from car accidents to slip-and-fall incidents.

Understanding the common types of personal injury claims can help you recognize when you might have a case and what steps you should take next. 

Car Accidents 

Car accidents are a frequent basis of personal injury claims in California. Whether it is a minor fender bender or a major collision, victims may face physical injuries, vehicle damage, and emotional trauma.  

Slip and Fall  

Slip and fall accidents occur when someone is injured on another's property due to hazardous conditions. These cases can happen in various settings, such as retail stores, restaurants, or private residences. Property owners have a duty to maintain safe environments; failure to do so can attract liability for any injuries sustained. 

Medical Malpractice 

Medical malpractice occurs when healthcare professionals fail to provide the standard of care expected in their field, resulting in patient harm. These are complicated cases that require thorough investigation to prove negligence, and victims may be entitled to compensation for medical expenses, pain, and suffering. 

Product Liability 

When a defective product causes injury, the manufacturer, distributor, or retailer may be held accountable. Product liability claims can involve anything from faulty electronics to hazardous toys. Victims must demonstrate that the product was defective and caused their injury. 

Workplace Accidents 

Workplace accidents can cause serious injuries, especially in industries like construction or manufacturing. Employees injured on the job may seek compensation through workers’ compensation claims, but there are instances where third-party liability can give rise to a personal injury claim. 

Dog Bites 

Dog bite incidents can lead to severe physical and emotional trauma. In California, pet owners are strictly liable for injuries caused by their animals, meaning victims do not need to prove negligence. Victims can seek compensation for medical treatment, lost wages, and emotional distress resulting from the attack. 

Bicycle Accidents 

Bicycle accidents often involve collisions with vehicles, causing severe injuries due to cyclists' vulnerability. These claims can involve multiple parties, including drivers or municipalities if road conditions contributed to the accident. Victims may claim compensation for both physical injuries and damage to personal property. 

Assault and Battery 

Intentional acts of violence, such as assault and battery, can also result in personal injury claims. While these acts often result in criminal charges, victims can pursue civil claims to recover damages for injuries, medical expenses, and emotional suffering. Proving intentional harm is an important aspect of these cases. 

California Personal Injury Laws

California has specific laws governing personal injury claims that potential plaintiffs should be aware of. The key laws you should understand include:

Statute of Limitations 

Under the California statute of limitations, the deadline for filing personal injury claims is two years from the date of the injury. However, there are exceptions, such as when the injury is not discovered immediately. 

Pure Comparative Negligence 

California follows the doctrine of pure comparative negligence. This means that even if the plaintiff is partially at fault for the accident, they can still recover damages, though their compensation will be reduced by their percentage of fault. 

Damage Caps 

Unlike some other states, California does not generally place caps on damages in personal injury cases, except for specific situations. For example, non-economic damages in medical malpractice cases are capped at $250,000. 

Joint and Several Liability 

In California, defendants can be held jointly and individually liable for economic damages. This means that if multiple parties are responsible for the injury, each party can be held responsible for the entire amount of economic damages, regardless of their individual share of fault. Non-economic damages, however, are allocated based on each defendant’s degree of fault. 

Insurance Requirements and Bad Faith Claims  

In California, insurance companies are obligated to adhere to the terms of their policies and handle claims in good faith. If an insurance company unreasonably denies or delays a claim, the policyholder may pursue a bad faith insurance claim. This can lead to compensation beyond the original policy limits, including damages for emotional distress and legal fees. 

Personal Injury Attorney in Los Angeles, California

Attorney Andrew Antaramian transitioned from defending insurance companies to advocating for accident victims. With several years of experience in personal injury law, he strives to secure fair compensation for his clients.

Antaramian Law, APC has insider knowledge of the strategies used by insurance companies, and how to counter their tactics effectively. Reach out today to schedule a consultation.


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