Facts About California Personal Injury Law
1. California is a comparative fault state. This means that you are still entitled to compensation even if you are found to be partially negligent or at fault! For example, if you are responsible for 10 percent of an accident, you can still recover 90 percent of your property damage and medical expenses from the other driver’s insurance company. To prove the defendant’s fault and to maximize the recovery award, you or a personal injury attorney will have to show that the defendant owed you a duty of care, the duty was breached, and the breach caused the injuries in your car accident. These are the main elements involved in a personal injury lawsuit.
2. In general, the statute of limitations in California for you to file a personal injury lawsuit for medical expenses is two years. Claims against a California city, county, or state government agency typically have an even shorter statute of limitations ranging from six months to just one year. The clock starts to run immediately following the accident and there are very few circumstances under which you may get an extension. If you do not act quickly, it can very well mean the difference between you getting your day in court with a fair recovery for your medical bills and pain and suffering versus being left with zero recoveries because you missed the deadline to file your lawsuit.
3.As of April 1, 2020, Jury Verdict Research found that the average money damage award for personal injury trials in California is $1,814,094. The median verdict is $114,305. Cases involving brain injuries typically yield higher verdicts in California. The median for California brain injury cases is $1,595,000. Nationally, the median verdict is $1,400,000. Most sources agree that juries in California put a higher value on personal injury cases than juries in other states.
4. Most personal injury cases settle before trial. Every personal injury case is different, so you must gather all of the facts before you determine if your case is worth settling before trial. Some factors in making this determination may involve: the severity of the injuries, the costs involved at trial, the extended time that a case will take in litigation, and the fairness of the offer in pre-litigation from the other side’s insurance company. Some recent statistics show that up to 67 percent of personal injury cases settle before trial or before even a lawsuit is filed. This statistic shows how important negotiation skills are in a personal injury case. A statistic also showed that people who did not negotiate their initial settlement offers received an average award of $11,800. Compare that with people who did negotiate their settlement offers and got an average offer of $42,500!
5. You need to hire a California personal injury attorney to get the best possible settlement. Personal injury attorneys understand the stress and pain and suffering that you are experiencing, as they have dealt with thousands of personal injury cases with all the major automobile insurance companies. They understand the big picture and how to properly value your claim and how to present your claim effectively to the insurance companies. Personal injury attorneys also have a vast network of doctors and medical providers that they work with in order to focus on what is right – which is making sure you or your injured loved one gets the best medical care and treatment so that you can start feeling better as soon as possible. To speak to our team of experts today about your case, do not hesitate to contact Razavi Law Group at (949) 734-0476.
Sources: https://www.lawsuit-information-center.com/average_injury_verdicts_in_cal.html https://www.justia.com/trials-litigation/docs/caci/400/405/ https://www.nolo.com/legal-encyclopedia/how-much-can-i-get-for-my-personal-injury-case-and-how-long-will-it-take-new.html