Day 4.4 - California Personal Injury Law.pptx

California Personal Injury Law Litigation Department Training Program Definition of personal injury law in California A legal area that deals with compensation for harm or injuries suffered by an individual due to someone else's negligent or intentional actions. Types of Personal Injury Cases: M...

California Personal Injury Law Litigation Department Training Program Definition of personal injury law in California A legal area that deals with compensation for harm or injuries suffered by an individual due to someone else's negligent or intentional actions. Types of Personal Injury Cases: Motor vehicle collisions Car accidents Motorcycle accidents Truck accidents Bicycle and pedestrian accidents A type of personal injury case that arises when a person is injured in a car accident due to the negligence of another driver. A type of personal injury case that arises when a person is injured in a motorcycle accident due to the negligence of another driver or other factors. A type of personal injury case that arises when a person is injured in a truck accident due to the negligence of the truck driver, trucking company, or other factors. A type of personal injury case that arises when a person is injured while riding a bicycle or walking as a pedestrian due to the negligence of a driver or other factors. Types of Personal Injury Cases: Premises liability Slip and fall accidents Dog bite cases Others A type of personal injury case that arises when a person slips, trips, or falls on someone else's property due to a dangerous condition, such as a wet floor or uneven surface. A type of personal injury case that arises when a person is bitten or attacked by a dog due to the negligence of the dog owner or other factors. Home, elevator, amusement park, and other accidents caused by the property owner’s negligence in the keeping of the property reasonably safe. Types of Personal Injury Cases: Others Product liability Medical malpractic e A type of personal injury case that arises when a person is injured due to a defect in a product, such as a defective car part or dangerous drug. A type of personal injury case that arises when a person is injured due to the negligence or malpractice of a medical professional, such as a doctor, nurse, or hospital. Wrongful Death cases In California, a "wrongful death" occurs when someone dies as a result of the negligence, recklessness, or intentional act of another person or entity. This can include a wide range of situations such as medical malpractice, car accidents, workplace accidents, and criminal acts. When a wrongful death occurs, the victim's surviving family members or beneficiaries may be entitled to bring a lawsuit seeking compensation for their loss. This compensation may include damages for medical expenses, funeral expenses, lost income, loss of companionship, and pain and suffering. Elements of a Personal Injury Case Duty of Care Breach of Duty Causation Damages A legal obligation that one person owes to another to exercise reasonable care to avoid injuring them. The failure to fulfill the duty of care owed to another person, which may include actions or omissions that cause harm. A direct link between the breach of duty and the injury suffered by the plaintiff. The harm or losses suffered by the plaintiff, which may include physical injuries, emotional distress, medical expenses, lost wages, and more. In most personal injury cases, the defendant has to have acted negligently to be held liable. However, under a few circumstances, the defendant may be found liable for the plaintiff’s injury even if they were not negligent. This concept is called “strict liability.” Two common areas in which California recognizes strict liability are: - When a dog bites and injures the plaintiff; and The defendant designs, manufactures, or sells a defective product that injures the plaintiff. Statute of Limitations Personal injury: Two years from the injury. If the injury was not discovered right away, then it is 1 year from the date the injury was discovered. Government claims: For personal injury or personal property damage, you must file your administrative claim within 6 months of the date of the injury. (Exceptions: California Government Code, Section 905 and Section 911.2) California’s Comparative Fault Law Under California’s comparative fault law, also sometimes called comparative negligence, a person injured in an accident can still recover damages even when he or she is partially to blame for the accident. For example, a party who is only 25 percent at fault for causing the accident will only be liable for paying 25% of the damages. California is a pure comparative fault state. This means that victims can still recover some damages even if they are 99% at fault for the accident. This contrasts with a modified comparative fault doctrine, applied in some other states, that bars plaintiffs from recovering damages if they are 50% or more at fault. Compensatory Damages The goal of compensatory damages is to “make the plaintiff whole.” Civil Code §3333: For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not. Special/Economic Damages General/NonEconomic Damages Economic damages are “objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunities” Cal. Civ. Code § 1431.2(b)(1). Noneconomic damages are “subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation” Cal. Civ. Code § 1431.2(b)(2). To recover, the plaintiff must show that the defendant is liable by a preponderance of the evidence. Punitive Damages Punitive damages are different than economic or noneconomic damages. Economic and noneconomic damages are meant to compensate the plaintiff for his or her injuries. Punitive damages are meant to punish the defendant for egregious conduct and to deter similar conduct in the future. To recover punitive damages, California law requires the plaintiff to prove “by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice. Cal. Civ. Code § 3294(a). If the plaintiff can show the defendant’s conduct met this heightened standard of proof that the plaintiff may be able to recover punitive damages. Limitations on Damages 1. A plaintiff generally cannot recover punitive damages in a wrongful death case, except against a defendant who was convicted of felony murder, according to Cal Civ. Code § 3294(d). 2. A plaintiff who is uninsured may not be able to recover noneconomic damages in a motor vehicle accident, except if the plaintiff was injured in a motor vehicle accident by a driver who was operating their vehicle while under the influence. Cal. Civ. Code § 3333.4