If you or someone you care about suffered an injury due to the negligence of another, you may be questioning what your next steps should be. Do you have a legal claim? How much compensation can you receive? Do you need a lawyer?
At Peerali Law, an experienced Monterey Park personal injury attorney can help you understand your legal options and seek the compensation you deserve.
We are dedicated to providing compassionate and effective representation to guide you through this difficult time.
Understanding Personal Injury Law in California
A Monterey Park personal injury attorney can help you understand California’s various personal injury laws. These laws protect people harmed both physically and emotionally due to someone else’s carelessness or misconduct.
While personal injury claims are generally governed by California state law, having a personal injury lawyer in Monterey Park helps navigate any challenges specific to the area.
What Is a Personal Injury?
In California, personal injury refers to harm caused by accidents or negligence, including:
- Physical injuries—bodily harm, such as broken bones, soft tissue damage, and other injuries;
- Emotional distress—psychological harm, such as anxiety, depression, or PTSD; and
- Mental anguish—long-term emotional suffering that affects daily life and well-being.
Common causes of personal injuries include car accidents, slip and falls, and defective products.
What Is the Statute of Limitations?
California’s statute of limitations generally gives you two years from the date of the injury to file a lawsuit. However, there are exceptions that may either extend or shorten the time you have to file.
Discovery Rule
In cases where the injury was not immediately apparent, the statute of limitations may be extended. The “discovery rule” allows the clock to start when the plaintiff discovers, or should have discovered, the injury and its connection to the defendant’s actions. This is particularly relevant in cases involving latent injuries or conditions.
Government Claims
If your claim is against a government entity or employee, there are specific requirements and deadlines. Generally, you must file a notice of claim with the government agency within six months of the incident, and then you have six months from the date of the government agency’s rejection of the claim to file a lawsuit. The notice of claim is not a lawsuit. It gives the relevant agency a chance to address your concerns prior to filing a lawsuit.
Minors and Those Lacking Legal Capacity
If the injured party is under 18 or lacks the legal capacity to make decisions, the statute of limitations is generally tolled (paused) during that time.
This means that a minor has until their 18th birthday plus two years to file a claim. Someone who lacks legal capacity has two years after the incapacity is removed to file a claim.
What Should I Do After an Injury?
Seek medical attention
In addition to getting you the medical care you need, seeing a physician documents your injury, which becomes essential evidence if you seek legal recourse. Medical records will show proof of your injury and the treatment you received, demonstrating the injury was severe.
Document the incident
After an incident, collect as much evidence as you can by taking photos of the scene, damage, and injuries. Make sure to get a copy of the police report and witness information.
Consult a personal injury attorney
Speaking with an attorney can affect the outcome of your case. A knowledgeable lawyer can handle the complex details of personal injury law, negotiate with insurance companies, and work to get you fair compensation.
What Types of Accidents Happen In California?
The most common types of accidents in any state are motor vehicle accidents. However, there are other incidents that may result in injury.
- Dog bites. California does not have a “one bite rule,” meaning dog owners are liable for all dog bites, even the first incident. The owner is responsible for damages if a dog bites someone in public or when they are legally on private property.
- Product defects. To win a product defect claim, you must show that the product had a defect when it left the defendant’s control, that the defect caused harm, and that the product was used in a way that was reasonably expected. California’s strict liability laws cover manufacturing defects, design defects, and insufficient warnings.
- Slip and fall accidents. Under California law, property owners are responsible for keeping their property safe. Owners should maintain walkways and address potential hazards.
If you’re not sure whether your injury might qualify for compensation, speaking to an experienced attorney can help you understand your options.
What Compensation Can I Receive in a Personal Injury Lawsuit?
You may be eligible for compensation if your accident and injuries led to:
- Medical expenses—hospital stays, surgeries, prescriptions, follow-up appointments, and other related costs;
- Miscellaneous expenses—reimbursement for costs like hiring a caregiver or housekeeper due to your injuries;
- Lost income—compensation for wages or job benefits lost while recovering from injuries; and
- Diminished earning capacity—compensation for future earnings you expected to make but can’t due to your injury.
These are considered economic damages.
Besides financial losses, you might have suffered physical or emotional injury, such as:
- Scarring or disfigurement—damages for visible, painful, or disabling marks;
- Disability—compensation for the total or partial loss of use of a body part;
- Loss of consortium—compensation for loss of emotional support or changes in personal relationships; and
- Pain and suffering—compensation for physical pain and emotional distress, whether temporary or permanent.
These are noneconomic damages. The amount of damages you can recover depends on the specifics of your case.
California uses a “pure comparative negligence” rule. Comparative negligence means if you are partly at fault for the accident, your compensation reflects your level of responsibility. For instance, if you are 30% at fault, you will be able to recover only 70% of your damages.
Types of Personal Injury Cases We Handle
At Peerali Law, we handle a variety of personal injury cases, including:
- Wrongful death,
- Premises liability,
- Motor vehicle accidents,
- Pedestrian accidents,
- Motorcycle and bicycle accidents,
- Government liability,
- Sexual abuse,
- Catastrophic injuries,
- Traumatic brain injury, and
- Trucking accidents.
Remember, the journey to justice and compensation begins with awareness and understanding of the law, coupled with professional guidance. Call our offices if you or a loved one has been injured in a car accident, slip and fall, or any other type of incident caused by the negligence of another party.
Contact Peerali Law Today
Understanding and managing California’s personal injury laws can be challenging. After an accident, knowing your rights and legal options can make a big difference.
If someone else’s negligence caused injury to you or a loved one, make sure to speak with a knowledgeable attorney. Peerali Law handles complex personal injury cases and strives to achieve justice for our clients.
Peerali Law is a boutique law firm Located in Los Angeles, California. We believe in our innovative and creative legal solutions in wrongful death and complex catastrophic injury matters.
At the core of our practice, our personal injury lawyers believe that persistence, passion, and creativity bring forth outstanding results for our clients.