Understanding the California Personal Injury Law

Chico personal injury attorneys

You never know when you might require the services of a personal injury attorney in Chico. It helps to have knowledge of the California personal injury law, so that you’re aware of your legal rights.

Some provisions and applications of the law are discussed below:

An Introduction to the California Personal Injury Law

Here’s a quick look at the basics of the personal injury law:

Statute of Limitations

Generally, personal injury claims have a statute of limitations of two years. This means that the time between sustaining an injury and filing a lawsuit should be under two years.

If you discover the injury at a later date, you have one year from the date of discovery to file your personal injury lawsuit.

When you have a personal injury claim against a government entity, it must be filed within six months.

Understanding Damages

The California personal injury law separates damages into the following two types:

  • Economic Damages: These are quantifiable by virtue of having a monetary value. For example, medical expenses arising from being in a car accident are economic damages.
  • Non-Economic Damages: These don’t have a tangible monetary value and aren’t quantifiable. Examples include emotional distressor pain and suffering.

Common Applications of the Law

These are some common scenarios in which the personal injury law is applicable.

Motor Vehicle Accidents

A motor vehicle accident may involve:

  • A pedestrian and a vehicle
  • A pedestrian and a motorcycle
  • A vehicle and a motorcycle
  • Two or more than two vehicles

Pedestrians, drivers, and motorcyclists have to follow all the laws applicable to them. When you break the law, you can cause harm to yourself or another person. The injured party may then file a lawsuit under the personal injury law.

Paramedics helping a victim of a motor vehicle accident

Medical Malpractice

Contrary to popular belief, a healthcare provider making a mistake doesn’t automatically amount to malpractice. The following two conditions must also be met:

  • The accepted standards of care are breached. A standard is defined by the procedures and processes that would be used by other healthcare providers in the same field to treat a patient with the same medical problems.
  • The breach in standards must cause an injury to the patient. The mistake may be related to any aspect of medical treatment.

Some other rules that must be followed in a medical malpractice lawsuit are:

  1. The healthcare provider must be formally notified by the suing patient of their intention to sue. This should be done a minimum of 90 days before the lawsuit is filed.
  2. To ensure the law is not abused, the fee of an attorney in a medical malpractice case is also subjected to sliding scale limitations.

Summing it Up

For cases related to personal injury & damage settlements in Chico, it’s best to hire the services of an established Chico personal injury attorney.

If you’ve been in a motor vehicle accident or have been the victim of negligence during the last 2 years, know that you have rights that are protected by law. At The Law Offices of Ron Marquez, we’re ready to help you with your personal injury settlements in Chico.

Contact us today to learn more.

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