California Negligence Laws

Like many other states, California negligence laws are key to determining liability and responsibility in personal injury cases. These laws outline the duty of care that individuals and businesses owe to others and establish the standards by which their actions are judged.

Basically, California uses comparative negligence in personal injury lawsuits. This is the standard by which judges apportion liability among parties in personal injury cases.

If you have been involved in a personal injury case in California, it would be the best idea to contact an attorney. At The Cartwright Law Firm, Inc., we will advise you accordingly based on California negligence laws to help protect your rights.

Four Elements of Negligence

To successfully prove a negligence claim in California, the plaintiff has to prove that certain elements exist. These four elements include the following:

Duty of Care

Firstly, the plaintiff has to prove there exists a duty of care. This is the legal obligation one party owes to another in order to prevent harm. It is a duty to use reasonable care.

For example, when a nursing home admits a patient, they automatically assume duty of care towards that patient. They commit to offering competent and reasonable care and take necessary precautions to prevent harm.

Breach of Duty

The next element is a breach of that duty. This occurs when the responsible party does not meet the standard of care as expected in that particular situation.

In the case of a surgeon operating on a patient, if he fails to meet the standard of care, the patient may suffer harm as a result. The patient can file a negligence claim on the basis of the breach of the duty of care.

Causation

Next, the plaintiff has to prove that as a result of the breach of duty that happened, they actually suffered harm.

For example, if you suffered a head injury because the driver didn’t yield the right of way, you have a causation. It was reasonably foreseeable that failure to yield the right of way would make it hard to avoid a collision.

Damages

Finally, the plaintiff must establish that as a result of the breach, they suffered actual damages. These include:

• Emotional trauma
• Physical harm
• Medical expenses
• Loss of income

Comparative Negligence in California

California negligence law is codified in Civil Code 1714, which states that both parties involved in an accident will share fault based on their degree of negligence. This is called Comparative negligence law.

Under this law, the amount of compensation an injured party can receive is determined by their level of fault in relation to the accident. For example, if a court determines that the injured party is 20% at fault, their total damages award will be reduced by 20%.

What’s more, California allows plaintiffs to collect damages even if they are 99% at fault. This is commonly referred to as pure comparative negligence. In California, the amount of fault is not capped at 50%, as is the case with other states using modified comparative negligence law.

Time Limits for Filing Negligence Claims in California

When pursuing legal action in California, you need to understand the time limits for filing negligence claims. In California, the statute of limitations is set to two years from the date of the injury or discovery of the injury.

If you don’t file the lawsuit within this timeframe, your case may be dismissed, and you may lose the opportunity to seek compensation. However, there are certain exceptions and variations depending on the nature of the case.

For instance, medical malpractice lawsuits must be filed within three years following an injury or one year of discovering the injury, whichever occurs first. Your attorney will ensure compliance with the applicable statute of limitations.

How an Attorney Can Help in Negligence Cases

Navigating negligence cases in California can be challenging due to a variety of laws that govern these cases. With various time limits and exceptions, you need to seek the help of an attorney who specializes in personal injury cases.

This way, you ensure that your case is handled properly from the outset. An attorney will assess your situation, determine the applicable statute of limitations, and hold your hand through the legal process.

Your attorney will help gather evidence to establish negligence and negotiate on your behalf. In complex cases like medical malpractice, they may consult experts to strengthen arguments for fair compensation.

Moreover, an attorney can help identify potential tolling factors that may extend the time limit for filing a negligence claim. These factors could include the plaintiff’s age, mental capacity, or the defendant’s absence from the state.

Let a Discovery Bay Personal Injury Attorney Help With Your California Negligence Case

Handling personal injury cases in California can be challenging due to the application of the pure comparative fault statute. Luckily, a personal injury attorney from The Cartwright Law Firm, Inc., can handle all legal processes on your behalf and, if possible, counterclaims of shared responsibility while protecting your rights. Call our office or complete this form to schedule your free consultation.