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California Personal Injury

Damage to your body, mind or property from an accident is a personal injury.  Common personal injuries in California result from car accidents, exposure to toxic substances like asbestos and medical malpractice.  Also included are injuries from a defective product, medicine/drug or the wrongful death of a family member.  Any money lost or paid due to a personal injury may be recovered in court.

To win a personal injury case in California, the person who caused the injury must be legally responsible or “at fault.”  A person is generally at fault because of a lack of care – or negligence.  A person who should have been reasonably careful but is not is negligent and at fault.  Evidence such as witnesses, photos, official accident reports, etc. is needed to prove fault.  Evidence is also required to prove money paid or lost because of an injury.  Commonly this evidence is hospital bills, pay stubs, or receipts.

Under the law, you have a certain amount of time to claim your injury.  In California, you must file with the court within 2 years of the date of the accident. This period of time is known as the statute of limitations and all personal injury claims that are too old can not be tried in court.  Many other common problems encountered in personal injury law include difficulties with insurance companies, severe injuries or a case involving many people known as a class action.

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