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Most Common Personal Injuries in California



Most Common Personal Injuries in California

Accidents of all kinds occur every day in California. Many of these accidents could have been avoided if someone else had not been careless, which often leads to personal injury claims.

While there are many kinds of personal injuries, some are more common than others. According to the personal injury attorneys at Brown & Gessell, car accidents top the list of most common personal injuries in California.

Here is a deeper look at Personal Injuries cases.

Motor Vehicle Accidents

Accidents in any type of motor vehicle are the most common kind of personal injury case in the state. This includes motorcycle, truck, bicycle, and pedestrian accidents.

Each year, thousands of people are seriously injured in car accidents on California’s roads. The most common cause behind these crashes is distracted driving, although speeding, drunk driving, and reckless driving are also common.

Most car accident victims sustain injuries such as traumatic brain injury (TBI), spinal cord injuries, bone fractures, and burns. Since car accidents can lead to expensive medical bills and lost wages, many victims pursue a lawsuit to recover compensation for their damages.

Premises Liability

Every property owner is responsible for maintaining a safe condition on their property. Failure to do so will make them liable if someone is injured due to their negligence. The most common premises liability case is a slip and fall.

Owners are liable if they do not warn legal visitors to the property about any danger, such as a wet floor. They could also be held liable for failing to repair a hazardous condition in a reasonable amount of time.

When a property owner is negligent in their duty, it could lead to head injuries, broken bones, and dislocations.

Medical Malpractice

Medical malpractice is often the most troubling of all personal injury cases. Negligent healthcare professionals could cause their patients harm by making a misdiagnosis, medication errors, or surgical errors. In some cases, victims of medical malpractice must seek out additional treatment to correct previous errors.

Product Liability

When you buy a product, you expect it to function as advertised. However, this is not always the case. Manufacturers and sellers may be held liable for injuries caused by defective products.

This can impact a variety of industries, from the automotive industry for faulty auto parts to the medical sector for defective medical devices.

Dog Bites

Since many Californians own dogs as pets, it is important for them to be vigilant. They need to be responsible for preventing their dogs from causing harm.

Dog bites are a common personal injury claim in this state, though you will need to prove that the owner was aware that their pet posed a potential danger and did not contain it properly; this is called ‘negligence per se’ by the law.

Wrongful Death

If any kind of personal injury results in the death of the victim, the survivors can file a wrongful death lawsuit against the negligent party. It serves as a way to pursue justice and get financial compensation for funeral expenses and other costs.

What Can You Do If You Sustain Personal Injuries in California?

If you or someone you love can prove that someone else was at fault for the accident that caused the injuries, then you can seek compensation for your damages.

You can pursue economic damages, which will cover your financial losses from medical bills or lost wages. You can also seek non-economic damages for your pain and suffering, disfigurement, mental anguish, and loss of consortium.

However, it is important that you start the process sooner rather than later. California’s statute of limitations is two years from the date of the accident that resulted in a personal injury.

Some factors can affect this statute, so you should consult with an attorney to ensure you do not miss the deadline for filing your lawsuit.

What Are the Exceptions to California’s Statute of Limitations for Personal Injuries?

In California, there are certain circumstances that may delay the two-year period of the statute of limitations. Delayed discovery is one such situation, which applies to cases when a victim does not realize they are immediately injured or that another person’s negligence caused the accident.

In these circumstances, the statute of limitations begins once the injury is discovered or the victim becomes aware of the other person’s negligence.

Another extension is permitted if the at-fault party leaves California before you file. The lawsuit cannot proceed if the defendant cannot be served. The statute then pauses until the other party returns to California.

As for medical malpractice claims, they are treated a little differently. Even though it is a type of personal injury case, it has a separate statute of limitations, which is one year from the date of your injuries. It also has unique restrictions and requirements.

While it is often best to work with a personal injury rather than try to file a personal injury claim on your own, medical malpractice needs the expertise of an attorney.

Personal Injury Claims Against Local or State Government Entities

The rules change if your personal injury was caused by a local or state government entity. You will need to prove this entity was negligent and caused your accident, injuries, and damages.

Before you can file a personal injury claim against state or local governments in California, you need to file an administrative claim. This must be done within six months of your injury. After this filing, the entity has 45 days to respond. If they do not respond, you can file your lawsuit within two years of being injured.

Ultimately, if you are injured by a negligent or careless person, it would be wise to discuss these events in confidentiality with a personal injury attorney. Since most offer free initial consultations, this valuable advice will help you decide whether or not you have a valid claim.

SEE ALSO: Law Firm Chastised for Using OpenAI ChatGPT for Legal Research

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