Accidents happen, and sometimes, they can lead to serious injuries that turn your life upside down. If you’ve been hurt due to someone else’s carelessness or wrongdoing, you might have a personal injury case on your hands.
Personal injury law covers many different situations, and it can be tough to handle on your own. In this blog post, we’ll break down the most common types of personal injury cases and what you need to know if you think you might have a case.
One of California’s most common personal injury cases is motor vehicle accidents. This broad category encompasses several types of wrecks.
Whether caused by distracted driving, speeding, or drunk driving, car accidents can result in severe injuries and significant property damage. Common injuries associated with car crashes include whiplash, broken bones, and traumatic brain injuries.
Motorcyclists face unique risks on the road, as they lack the protection of an enclosed vehicle. California law requires motorcyclists to wear helmets, but motorcycle accidents can cause devastating harm even with proper safety gear.
Large commercial vehicles, such as semi-trucks and delivery vans, trigger massive damage when an accident occurs. Truck drivers are subject to both federal and state regulations, including hours of service limits and cargo securement rules.
Bicyclists and pedestrians have the same rights and responsibilities as other road users in California. When drivers fail to yield the right of way or engage in reckless behavior, cyclists and pedestrians suffer serious injuries.
Slip and fall accidents are another common personal injury claim in our state.
Under the state’s premises liability laws (Cal. Civ. Code § 1714), property owners have a duty to maintain their land in a reasonably safe condition.
This legal obligation means addressing hazards such as:
When property owners fail to address these hazards, and someone is injured as a result, the victim may have grounds to file a personal injury lawsuit.
To prevail, the injured party must typically demonstrate that the property owner knew or should have known about the hazard and failed to take reasonable steps to address it.
Medical negligence happens when a healthcare provider fails to provide care that meets the accepted standard of practice in their field, resulting in injury or harm to the patient.
In California, the Medical Injury Compensation Reform Act (MICRA) governs medical malpractice cases, which places caps on certain types of damages and requires specific procedures for filing a claim.
Types of medical malpractice include:
To establish negligence in a medical malpractice case, injured parties must typically demonstrate that the healthcare provider’s actions deviated from the accepted standard of care and that this deviation directly caused their injuries.
Due to the complex nature of these cases, working with a personal injury attorney with experience handling these claims is often necessary.
You may be entitled to benefits through the state’s workers’ compensation system when injured on the job in California.
This no-fault insurance program provides medical treatment, wage replacement, and other benefits to employees who suffer work-related injuries or illnesses.
Common types of workplace accidents include:
Sometimes, injured workers may also have grounds for a third-party liability claim if the negligence of someone other than their employer or a co-worker caused their injuries.
For example, if a defective piece of equipment harms a construction worker, the employee may have a product liability claim against the manufacturer in addition to a workers’ compensation claim.
California’s product liability laws hold manufacturers and sellers liable when their defective products cause injury or harm.
There are three main types of product defects:
Product liability cases in California are typically governed by the doctrine of strict liability as established in GREENMAN V. YUBA POWER PRODUCTS (1963).
This rule means that plaintiffs do not need to prove that the manufacturer or seller was negligent.
Instead, they must only demonstrate that the product was defective and that this defect caused their injuries.
Examples of products commonly involved in liability cases include:
California dog owners are also held strictly liable for injuries caused by their pets under Cal. Civ. Code § 3342.
Like product liability, dog bite victims do not need to prove that the owner was negligent or knew their dog was dangerous.
They must only show that the animal attacked them in a public place or while lawfully on private property. Some defenses to this rule include situations where the victim provoked the dog or was trespassing on private property. However, in most cases, dog owners are responsible for any injuries or damages caused by their pets.
Injuries and damages resulting from dog bites can include:
When someone’s negligence or intentional actions cause the death of another person, the victim’s surviving family members may have grounds for a wrongful death claim.
In California, a wrongful death claim can be filed by the deceased person’s surviving spouse, domestic partner, children, or other dependent family members, as outlined in Cal. Code Civ. Proc. § 377.60.
Damages available in wrongful death cases may include:
While no amount of money can truly compensate for the loss of a loved one, a wrongful death claim provides a sense of justice and holds the responsible party accountable for their actions.
Not all personal injury cases involve physical harm.
In some cases, a person’s negligent or intentional actions can cause severe emotional distress or mental anguish.
There are two main types of emotional distress claims available in our state.
To prevail in an emotional distress claim, the injured party must typically demonstrate that their distress is severe and that it has caused significant disruption to their daily life.
Examples of harm may include anxiety, depression, sleep disturbances, or other psychological symptoms.
In addition to negligence-based claims, personal injury law also encompasses cases involving intentional harm to another person.
Some common examples include:
If you’ve been injured in an accident in Southern California, don’t try to handle your personal injury case alone. The attorneys at DP Injury Attorneys can guide you through the claims process and fight for the compensation you deserve.
Our firm has a proven track record of success in handling all types of personal injury claims, from car accidents to medical malpractice. Contact us today to schedule a free consultation and learn more about your rights and options.
Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.
Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.
