If you have been injured in an accident that wasn’t your fault, you may be wondering if you need a lawyer. The answer is most likely yes. A California personal injury lawyer can help you get the compensation you deserve for your medical bills, lost wages, and more.
Ernst Law Group is highly experienced in handling personal injury cases. We will work with you to get the compensation you deserve for your injuries.
Contact us today for a free consultation.
How is Fault Determined Fault in a California Personal Injury Accident?
In California, certain criteria must be met to determine fault or liability for an accident.
To be found at fault for a personal injury accident, a person or entity must first be found to be negligent. Negligence is determined on a case-by-case basis and is dependent on the circumstances of the accident.
California courts particularly focus on duty of care and breached the duty of care.
A duty of care is the obligation to conform to a standard of conduct required by law. California courts determine what is required of a person or entity in specific situations based on common sense.
For example, if someone owns an electric gate, fails to maintain it properly, and the gate malfunctions and causes injury, the owner is negligent.
If a person fails to exercise their duty of care, then they have breached this duty and can be found liable for any injuries caused.
To prove fault, their negligence must have caused your injuries. A medical professional determines this and serves as proof of your physical damages.
This is why personal injury victims must seek medical treatment immediately after an accident.
Is There a Statute of Limitations for Personal Injury Claims?
In California, the statute of limitations for personal injury claims is two years from the date of the accident. If you fail to file a claim within this time frame, you could lose your right to pursue compensation.
California also has a “discovery rule,” which says that the two-year time limit does not start until an individual knows or should have known they were injured as a result of another party’s action.
This includes victims of medical malpractice personal injuries who were unaware of the error until a later date when repercussions became clear.
Get Effective Representation From a California Personal Injury Lawyer
A California personal injury lawyer can help you build a strong case. They can also make sure all deadlines are met, and paperwork is filed correctly.
If you have been injured due to another party’s negligence, contact a California personal injury lawyer as soon as possible. Let them help ensure you receive the compensation you deserve for your injuries.
Ernst Law Group has helped many individuals seek justice after an accident. We are dedicated to helping victims of accidents obtain the best possible outcome.
If you were injured in an accident, don’t hesitate to get in touch with us for a free consultation to find out your options.
Why Choose Ernst Law Group As Your Personal Injury Attorneys?
No money upfront.
Our California personal injury attorneys provide the best possible representation for everyone, regardless of their ability to pay. When you hire us, we will take care of all expenses and fees before we take a single penny out of your case.
We receive payment only if we win your case and collect damages for you.
Contact us to schedule your free California personal injury consultation.
Every case is prepared for trial.
Ernst Law Group prepares to take every case to trial if necessary. We believe this strategy maximizes the amount of compensation some clients receive for their injuries and losses.
Other attorneys focus on settlements, trying to save time and make money quickly. They disregard what is best for their clients, such as getting higher compensation from a trial.
We don’t do that. We want to get you the best settlement possible, and we do not shy away from trial.
Maximum compensation is pursued for every injury.
We don’t back down, no matter who we’re facing. Whether we’re taking on an individual, an insurance company, or a government entity, we fight to protect your rights.
We understand California law and will apply this knowledge to you. Only personal injury lawyers who know California’s laws can properly represent you in a local personal injury case.
Please work with us today to ensure you get the maximum compensation for your injuries.
What are some Common Types of Personal Injury Lawsuits?
Auto Accidents
These personal injury lawsuits cover any form of automobile accident. This includes motorcycles, cars, and trucks that may come in contact with each other or with bicycles or pedestrians.
California personal injury lawyers also file lawsuits on behalf of car accident victims who are hit by other types of vehicles, such as large trucks.
State law places strict liability on the driver in an automobile accident to ensure no one is left without legal recourse.
Car accidents of any sort can result in serious injuries, such as paralysis and even fatalities. Such injuries can bankrupt households quickly, making it critical to choose a lawyer who will fight hard and go the distance to set things right.
Slip-and-Fall Accidents
Slip and fall accidents can include any situation where a person has an unexpected slip or trip that results in injury. Personal injury lawyers file lawsuits for slip-and-fall situations such as:
- Slip and falls on water at a store, restaurant, or another business establishment
- When an individual slips and falls on the sidewalk because of unswept leaves, spills, ice, or snow
- If a person slips and falls on their property because there was an unreasonably dangerous condition that caused the accident.
Slip-and-falls can result in many different injuries, depending on the circumstances. Often, broken bones are the result of a hard landing when falling. These can take a long time to heal or may even require surgery.
Medical Malpractice
Medical malpractice is another type of personal injury claim that attorneys file on behalf of injured patients.
California has numerous laws in place to ensure that doctors, surgeons, nurses, and other medical professionals provide the highest level of care possible for patients.
When they fail to provide this, it can result in severe injuries, such as brain damage or major organ failure, which require specialized treatment and expensive rehabilitation.
Workplace Accidents
If you have been injured on the job, you may be entitled to file a workplace accident claim. Worker’s compensation can cover part of your treatment, but it may not be enough to reimburse you for all of your expenses.
A California personal injury lawyer can help you file a worker’s compensation claim with the board. They may also be able to file a separate lawsuit against your employer.
The law protects workplace employees from being fired or retaliated against by their employers for filing worker’s compensation claims. We can help you get the compensation you need to recover properly without worrying about your ability to pay for essentials.
Product Liability Accidents
California law follows a strict liability standard where anyone who puts a defective product into a consumer’s hands can be held accountable for any injuries caused by their products.
These lawsuits focus on finding all parties responsible for putting dangerous and defective products in California consumers’ homes. Local product liability laws place responsibility on all parties involved in the chain of distribution from manufacturer to supplier to retailer.
Whether a toy or an adult has injured a child has been injured by over-the-counter medication, we can help you recover compensation.
Premises Liability Accidents
Property owners, whether residential or commercial, have a responsibility to keep their premises safe and free of dangerous conditions that could lead to accidents.
Slip-and-falls on slick surfaces like spills or even black ice can result in serious injuries such as broken bones and head trauma. California law requires that property owners clear their walkways properly to eliminate these dangerous conditions.
Additionally, they are liable for any other types of accidents that may occur, like an injury from a poorly installed floorboard or damaged roof.
Wrongful Death Accidents
When California residents are killed because of the negligent actions of another person, their loved ones have the option to file a wrongful death claim.
A California personal injury attorney with experience in wrongful death claims will be able to explain your rights and help you determine whether filing a wrongful death claim is right for you.
These claims can result in compensation that helps cover your loved one’s end-of-life and funeral expenses, as well as loss of income and pain and suffering.
Dog Bite Accidents
California personal injury attorneys from Ernst Law Group help residents who another person’s dog has attacked.
Under state law, all owners are required to keep their dogs under both physical and verbal restraint. Owners are liable to dog bite victims if it is determined that the animal was not properly restrained or trained.
Failure to do so results in dog owners being responsible for any personal injury claims that are filed following an attack by their animal.
What are Potential Damages In a California Personal Injury Lawsuit?
A California personal injury lawyer with the Ernst Law Group will be able to explain potential California personal injury lawsuit damages.
These may include:
Medical Expenses
Recovering medical care costs following an accident, including prescriptions and physical therapy. This will help cover emergency medical costs for treatment and ongoing surgery.
Lost Income
California law allows plaintiffs in personal injury lawsuits to seek reimbursement for future wages they’ll lose while recovering. This includes loss of earning capacity in addition to work missed due to pain, loss of mobility, and/or ongoing treatment of their injuries.
General Damages
The law allows plaintiffs to seek damages for pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
Punitive Damages
Judges or juries may provide plaintiffs with additional compensation if the defendant’s actions were willful or malicious. This includes drunk driving or poisoning medications that are released to the public.
Our personal injury attorneys can help you recover all of the compensation you deserve for your accident and injuries.
How do you choose the best personal injury lawyer for your needs?
The best California personal injury attorneys are highly skilled in representing clients, but not all of them focus on the same type of claims. Knowing which area of law to focus on will help you find the right personal injury lawyer for your claim.
At Ernst Law Group, we represent California personal injury victims and their families in all areas of personal injury law.
Our lawyers have over four decades of experience representing victims, so we know how to work with our clients to maximize compensation for injuries and damages incurred as a result of the negligence or wrongdoing of another person or company.
We offer personalized service to ensure that you are actually working with your lawyer, and not being handed off to a junior or clerk.
When you work with Ernst Law Group, you know you have the best personal injury lawyer for any personal injury case.
How does a personal injury claim work?
A personal injury lawsuit can be filed by any individual or group of people who the negligent actions of an individual or entity have injured.
You must go to your local courthouse to file your lawsuit. Our California personal injury lawyers will be able to walk you through the filing process, help you write your complaint, and file all required paperwork for you.
Once you have filed your claim, you will need to notify the parties you are filing against. They will have the opportunity to offer you a settlement or to reduce your claim for damages. If they agree to a settlement, you will not be able to file a lawsuit against them for the same claim.
If you cannot agree on a settlement because the other parties will not offer you fair compensation, you will need to proceed to trial. This is why our attorneys prepare every case for trial. It gives us the upper hand and ensures we are never caught unawares.
How Personal Injury Cases Differ From Other Legal Cases
A personal injury case differs from many other types of cases because it deals with the injuries sustained by one person. The injured party has to file suit against whoever caused them harm or was negligent and did not do something they should have to prevent an accident.
Because these cases are between individuals, personal history comes into play more than it does in other civil suits.
Typically, the defendant in a personal injury case is seeking to reduce their liability by claiming that the plaintiff either consented to what happened or was responsible for their injuries.
A California personal injury attorney can deal with both of these tactics and will leverage their deep understanding of this area of law.
Get In Touch With a California Personal Injury Lawyer Today
Has someone else’s negligence injured you?
You don’t have to face it alone or feel that you are without options. Our personal injury lawyers work with clients so they know their rights and can stay informed throughout the entire process.
Contact the Ernst Law Group for a free consultation at (805) 779-3630.
We provide a free consultation so you can feel confident that we are the right firm for you. You can find out what we do and how we might be able to help you better understand California personal injury law.
At Ernst Law Group, we believe that anyone who the negligence of another person has injured should have access to the best California personal injury lawyer possible. Could you work with us today?
Personal Injury Questions and Answers
A personal injury attorney will help you protect your rights.
The California legal system, like most other legal systems around the world, is confusing at times. When you are injured by someone else’s actions or negligence, it is important that you have a lawyer on your side.
This ensures that your interests are protected and you receive the maximum compensation possible for your injuries. Local personal injury lawyers know California’s laws, so they can help guide you through this process so you understand what is happening at all points of your case.
You should never talk to an insurance company about your injuries without the advice of your legal counsel.
When you speak with them, it is possible that they will begin offering you a settlement before they even know how much your claim might be worth. Your attorney can help you understand all of the benefits and pitfalls of speaking to an insurance company when you have been injured in California.
It is best to let your attorney speak with the insurance company on your behalf. This prevents you from accidentally offering additional information that can negate your claims.
No, you cannot receive damages for a pre-existing condition as California only pays out damages to those who have been injured in accidents. California does not compensate for pre-existing conditions.
In fact, pre-existing conditions must be noted and excluded explicitly from your personal injury claims. This is because the claim must be for injuries directly caused by the accident and the negligent party.
A California personal injury attorney will be able to guide you on the timeline of your case.
Every case is different. It may take months or years.
Typically, these cases can take one or two years depending on their complexity and what is at stake. California also has mandatory settlement conferences which extend the amount of time between when you file your claim and when it might go to court.
Court cases often take longer than claims that are settled out of court. Our California personal injury attorneys can explain if either of these situations is possible for your case.
The personal injury lawyers at Ernst Law Group offer their services on a contingency fee basis, which means that there are no legal fees upfront and you will not be required to pay anything until we have successfully resolved your case.
This means that you will never be responsible for paying us anything out of pocket and you can focus on getting better after your injury. Once you are awarded a settlement or verdict, we will take an agreed-upon percentage of the award as our fee.
Working on contingency inspires our attorneys to fight to get you the maximum compensation. Since we don’t get paid until you do, we want to ensure that all of your damages are covered.
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How Can Ernst Law Group Help?
Schedule your free consultation by calling 805-541-0300 or contact us online to learn about the legal services we can offer you.
