At Williams Iagmin, we protect the rights of victims and their families who are hurt or suffer the loss of a loved one as a result of an accident. It is difficult to know what to do after an accident, and it can be an incredibly stressful and painful time. Our compassionate approach to advocacy seeks to reduce that pain and stress through a personalized experience for every one of our personal injury clients.
In California, personal injury law covers intentional harms such as an assault, negligence stemming from accidents, and strict liability for issues like defective products. The law states that the statute of limitations to file a lawsuit for damages in a personal injury case is two years from the date of the injury. If a person waits longer than two years, the case will most likely be dismissed and the opportunity to recover damages lost.
California also operates on a pure comparative negligence basis when it comes to issues of liability. In cases in which fault can be apportioned to two or more people, the insurance company or the court will determine the degree of fault for each party and the damages awarded are limited by that percentage. For example, if a person has $10,000 in damages and is found 25% liable the total award will be $7,500.
However, in specific situations, California law applies strict liability to the case. The most common situation in which this applies is a dog bite. The owner of the dog is held strictly liable for the injuries caused by the bite, regardless of the situation.
Our office has decades of experience handling all types of personal injury cases on behalf of our clients. Some of the most common types of personal injury cases we see include the following:
Damages that result from a personal injury claim can take many forms, both economic and non-economic. Economic damages include present and future medical bills, the costs of property damage, lost wages, and any other out-of-pocket expenses that are a result of the accident. Non-economic damages include payment for pain and suffering, emotional distress, disability, or permanent disfigurement.
California has no cap on compensatory damages for a personal injury claim, so long as the award is fair and reasonable given the circumstances. The only exception is for medical malpractice cases, where the state has capped the non-economic damages at $250,000.
If you or someone you know has been injured in an accident, the clock is ticking on the compensation for your claims. Call our office at 619-238-0370 or contact us today to schedule a free consultation.