California Laws on Personal InjuriesUpdated on Thursday 09th February 2017
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A personal injury case in California is judged according to the provisions of the Code of Civil Procedure. This legal document is the main source for issues like the statute of limitations, liability in certain special cases, the limits on injury damages or the definition of the negligence act that can be the source of most personal injury accidents in Los Angeles.
Our Los Angeles personal injury attorneys can provide a comprehensive list of the most important sections of the Code of Civil Procedure that can influence the manner in which a lawsuit for an accident or injury is handled.
We invite you to watch a video that summarizes the most important laws on personal injuries in California:
Laws for limitations on personal injury cases
The statute of limitations on personal injury cases in Los Angeles and the state of California is set forth in the California Code of Civil procedure, section 335.1. According to the Code, assault, battery, injury or death caused by the wrongful act or neglect of another is limited to a two years period within which legal actions to settle the claim can be made.
The same Code also provides special conditions for dog bite injuries. According to section 3334.2, the owner of a dog is liable for the damages suffered by a person who is bitten by the animal in a public place or within the property of the dog’s owner. The California Civil Code also establishes the maximum amount of compensations that can be obtained in a medical malpractice case. Section 3333.4 of the Code stipulates that in a legal action against a health care provider based on professional negligence, the injured plaintiff is entitled to non-economic compensations, but the damages for non-economic losses should not exceed 250,000 $.
Laws on injuring other individuals
The California Civil Code establishes the basis for the moral obligations for civilians in sections 1708 - 1725. According to law, every person is bound to abstain from injuring another person or causing damage to another’s property. The liability for various types of violence is established by the Code.
According to law, when initiating a legal action for damages based on negligence, the plaintiff may also have to pay compensations to the defendant for his or her part in the accident. This is known as the shared fault law and it limits the amount of compensations that can be claimed if the victim is also to blame for the accident. This is applicable because California follows a pure comparative negligence rule. The defendant can argue during the lawsuit that you were also to blame for the accident. Because this can influence the final amount of compensation, it is best to seek legal representation from a personal injury lawyer.
For more information about the steps for solving a personal injury case, you can contact our Los Angeles personal injury attorneys.