In California, personal injury cases based on negligence involve situations where someone suffers harm or injury due to the actions (or inaction) of another party who fails to exercise reasonable care. To pursue a personal injury claim under negligence, a plaintiff (the injured person) generally needs to prove the following four elements:
- Duty of Care: The defendant (the party being sued) had a legal obligation to exercise reasonable care to avoid causing harm to others. In many situations, this duty is clear—such as drivers having a duty to drive safely, or property owners having a duty to maintain safe premises.
- Breach of Duty: The defendant failed to meet their duty of care. This could involve actions such as speeding, failing to clean up a hazardous spill, or ignoring safety regulations.
- Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries. There are two types of causation:
- Actual Cause: The injury wouldn’t have occurred but for the defendant’s actions.
- Proximate Cause: The injury was a foreseeable result of the defendant’s actions.
- Damages: The plaintiff suffered actual harm or injury. This can include physical injuries, emotional distress, property damage, and financial losses, such as medical expenses, lost wages, or pain and suffering.
California Comparative Fault Rule
California follows a “pure comparative negligence” rule. This means that even if the plaintiff was partly at fault for the incident, they can still recover damages, but their compensation will be reduced in proportion to their degree of fault. For example, if you are found to be 20% at fault for the accident, you can still recover 80% of the damages.
Statute of Limitations
In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. If a claim involves government entities, there are shorter timelines, such as a six-month limit for filing a claim against a government agency.
Common Types of Negligence Personal Injury Cases in California:
- Car accidents: Caused by reckless or careless driving.
- Slip and fall accidents: Due to hazardous conditions on someone else’s property.
- Medical malpractice: When healthcare professionals fail to provide the standard of care.
- Product liability: When defective products cause injury.
- Workplace accidents: Where employees are harmed due to unsafe working conditions.
If you believe you’ve been injured due to someone else’s negligence in California, it may be beneficial to consult with an attorney who specializes in personal injury law to help navigate the legal process and understand your rights.
