PERSONAL INJURY
ATTORNEY SANTA ANA

In California personal injury cases, individuals can recover compensation for pain and suffering, medical expenses, lost wages, and other related costs. Pain and suffering, categorized as non-economic damages, are evaluated based on injury severity and any resulting physical or emotional distress, including permanent disabilities. 

Medical expenses cover both past and future bills, such as hospital and ambulance fees, medications, therapy, and necessary medical devices. Lost wages compensation is available for income lost due to inability to work or unpaid time off for treatment. Punitive damages may also be awarded in cases of gross negligence, serving as a punishment and deterrent, and these often exceed the amounts for economic losses or pain and suffering.

You need to prove negligence in a personal injury claim to validate and then increase the value of your settlement.

In California, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. This means that you have two years from the date you were injured to file a lawsuit in the state’s civil court system. 

If you fail to file within this timeframe, your case will likely be dismissed and you’ll be unable to pursue compensation for your injuries. However, there are some exceptions to this rule, so consult with an experienced attorney for specifics related to your case.

The duration to settle a personal injury case in California varies widely, depending on the complexity of the case and the willingness of parties to negotiate. Every personal injury case is unique. 

Straightforward cases might resolve in a few months, while more complex ones can take a year or more. The process can be lengthened by factors like the severity of injuries, dispute over fault, and the amount of compensation involved.

In California personal injury lawsuits, there’s no universal cap on damages, but limits exist for specific situations. 

For instance, under California Civil Code section 3333.2, medical expenses from an injury within two years before filing can be recovered without limit, but punitive damages for intentional torts are limited to three times compensatory damages or $250,000, whichever is greater. 

Non-economic damages like pain and suffering are capped at $250,000 in cases of defective products or wrongful death due to medical malpractice. Additionally, insurance policy limits can also effectively cap recoverable amounts.

Under California law, which follows a pure comparative negligence system, a personal injury lawyer can help you claim for serious injuries even if the accident was partially your fault. However, any compensation you receive will be reduced by the percentage of fault attributed to you. 

For example, if you are found to be 30% at fault for the accident, your compensation will be reduced by 30%.

In California, personal injury lawyers typically charge on a contingency fee basis, meaning their fees are a percentage of the client’s settlement or court award. 

This percentage can vary, but it generally ranges from 25% to 40%, depending on the case’s complexity and the stage at which it is resolved. Clients usually do not pay upfront fees, as the lawyer’s payment is contingent upon winning the case or securing a settlement.