California Personal Injury Attorneys

Statute of Limitations Variations

California has specific timeframes for different types of claims:

• General personal injury (two years): You have two years from the date you got hurt to file your lawsuit, like if you slip and fall at a store.
• Government entity claims (six months): If you're hurt because of a city bus or on government property, you may only have 6 months to file a special claim form. 
• Medical malpractice (one year from discovery or three years from injury): If you are injured as a result of a doctor’s negligence, for example, you must send notice of intent to file within one year from when you know or should have known about the injury, or three years from when the incident happened, whichever comes first.
• Claims by minors (Tolled until age 18): Under California law, if a child gets hurt, "tolling" means the statute of limitations is paused or extended until the child reaches the age of 18. After turning 18, the person with the claim has a specific additional timeframe to file a personal injury lawsuit. Tolling of the statute of limitations for minors does not apply to all cases, such as medical malpractice or claims against government agencies.

Damage Caps and Limitations

• No caps on most personal injury damages: In most cases, there's no limit to how much money you can get for your injuries.
• Medical malpractice non-economic damages capped at $390,000 as of 2024 (increasing by $40,000 per year until it reaches $750,000 in 2033): If a doctor is negligent and injures you, today you can only recover up to $390,000 for pain and suffering, but there is no cap on economic damages such as medical bills and lost wages.
• Punitive damages must show clear and convincing evidence of malice, oppression, or fraud: While punitive damages are rare in personal injury claims, when awarded, the amounts can be substantial. However, punitive damages are only awarded when injury lawyers prove that the person who hurt the claimant did so purposefully or due to extremely reckless.

Insurance Requirements and Rules

• Minimum auto insurance requirements ($15,000 per person/$30,000 per accident): Every driver must have at least this much insurance to pay for injuries they cause to others in the event of an auto accident.
• Prop 213 limits uninsured drivers from recovering non-economic damages: If you don't have car insurance and get hurt in an accident, you can only get money for medical bills and lost wages, not pain and suffering.
• California is a "fault" state for auto accidents: The person who caused the accident is responsible for paying for damages, usually through their insurance.
• Bad faith insurance laws protect consumers from unfair claim denials: If an insurance company unfairly denies your claim, you can sue them.

Specific Injury Claims in California

• Dog bite statute: If a dog bites you in California, the owner is responsible even if the dog never bit anyone before.
• Government immunity rules: Cities and government agencies have special protections, but you may still be able to sue them if they were negligent. 
• Joint and several liability only applies to economic damages: If multiple people caused your injury, each person must pay their fair share of pain and suffering. That said, each defendant is fully responsible for paying the injured person's economic damages (like medical bills, lost wages). This means if one defendant can't pay, another defendant might have to cover the entire economic cost. 
• Mandatory reporting requirements: Some accidents, like serious car crashes or workplace injuries, must be reported to authorities right away.

Worker's Compensation Integration

• Workplace injuries are generally limited to workers' compensation: If you are hurt at work, you generally cannot sue your employer. Instead, you must go through workers' comp.
• Third-party claims allowed against non-employers: If someone other than your employer caused your work injury, you may be able to pursue a lawsuit against the third-party separately.
• Special rules for contractor vs. employee classification: Whether you're called an employee or independent contractor affects your right to workers' comp.
• OSHA violations can create presumption of negligence: If your employer broke safety rules, it's easier to prove they were at fault.

Consumer Protection Laws

• California Unfair Competition Law: Protects you from businesses that cheat or mislead customers, like false advertising or hidden fees.
• California Consumer Legal Remedies Act: Gives you the right to sue businesses that use unfair or deceptive practices to sell you things.
• Expanded product liability protections: Makes it easier to sue companies that sell dangerous or defective products.
• Strong privacy rights under California Consumer Privacy Act: Gives you control over how companies use your personal information and allows you to sue if they misuse it.

Unique Settlement Rules

• California good faith settlement provisions: If one defendant settles with you fairly, other defendants cannot sue them later.
• Mandatory settlement conferences: In many California courts, you must try to settle your case before going to trial by meeting with a judge. The judge will review the case, hear arguments, and help facilitate potential settlement.  
• Specific rules for settling minor's claims in California: A judge must approve any settlement for someone under 18 to make sure it's fair. This is known as a "Minor's Compromise" or "Compromise of Minor's Claim."  
• Requirements for structured settlements: California uses structured settlements in some personal injury cases, particularly for significant injury claims, cases involving minors, and in cases that involve long-term medical needs. California structured settlements may have tax advantages for the plaintiff.

HOW TO FIND THE BEST PERSONAL INJURY LAWYER

Finding the best lawyer for your case can be daunting. Should you hire a local attorney? Does the attorney need to specialize in a specific area of law? How can you be sure the attorney is the best fit for your unique situation? These are all valid questions, and below are some helpful tips for navigating a search for a lawyer:

1) Assess Your Needs

This may seem obvious, but before you begin researching attorneys, it’s crucial to understand the specific type of case you will pursue. Is your legal claim related to a car accident, a slip and fall, a workplace injury, or medical malpractice? While all of these fall under the umbrella of personal injury, each is distinct. A lawyer specializing in car accidents may not have the experience to handle a slip and fall premises liability case, and vice versa. 

Once you understand the specifics of your case, you can begin researching personal injury lawyers with the experience that aligns with your needs. 

2) Research and Compile a List of Injury Lawyers

There are many ways to find a lawyer. You can rely on word-of-mouth referrals from people you trust, use online resources like lawyer directories, or search “best personal injury lawyer” on Google or Yelp. The possibilities are numerous. 

3) Check Credentials

Once you have a shortlist of lawyers in mind, it’s important to verify their qualifications and experience. Look into their education, recognition, and case results in personal injury law. Although many personal injury cases are settled privately or out of court, attorneys should be able to share some notable verdicts and settlements from similar cases. 

4) Read Client Reviews and Testimonials

An attorney or law firm should have numerous positive reviews on platforms like Google, Yelp, or other third-party legal resources like FindLaw.com and Lawyers.com. Seeing that others in similar situations and similarly situated clients had a good experience with the lawyer and/or the firm should help give you the confidence to ask for a free case evaluation or consultation. 

5) Ask for a Free Case Evaluation or Consultation

Most California personal injury lawyers offer free case evaluations. Use this as an opportunity to interview the attorney and ask any pertinent questions. Don’t hesitate to consult with multiple lawyers; at Wisner Baum, we encourage this so clients can compare and contrast. Remember, the initial consultation is free, so speak with as many lawyers as you need to.

6) Prepare Questions in Advance

You should prepare questions for your consultation with an attorney. Here are some important questions to consider asking:

• What level of experience do you have with cases like mine?
• What results have you obtained in cases similar to mine?
• Do you have trial experience?
• What fee do you charge for handling a case like mine? 
• How often can I expect to hear from you regarding my case throughout the legal process?
• How long will the case take once I retain a lawyer?

7) Evaluate Comfort with the Attorney

During the initial consultation, consider whether you are comfortable with the person you speak to. Do they communicate clearly? Do they put you at ease? Remember, your attorney will work closely with you for months or even longer, so it’s important to choose a lawyer who communicates effectively and makes you feel at ease.

8) Local vs. National 

Clients often ask, “Do I need to hire a personal injury attorney near me?” While we understand the appeal of hiring an attorney nearby, we believe that proximity should not be the primary factor in your decision-making process. Your comfort level with the attorney, their experience, results in similar cases, and client reviews should weigh more heavily on your decision than the location of the law firm’s or the attorney’s office.   

9) Make Your Decision and Sign the Retainer Agreement

After your consultations, compare your notes on each lawyer’s qualifications, fees, and your level of comfort with them. Choose the lawyer you feel is most competent and with whom you have the best rapport. Once you’ve made your selection, carefully read and understand the fee agreement before signing. Make sure the attorney has clearly explained the fee structure so you fully understand what you are agreeing to. 

HOW MUCH WILL I GET FOR A PERSONAL INJURY IN CALIFORNIA?

This is a common question asked after suffering a personal injury: How much is my case worth? And for good reason—people need to know what they can expect.

The value of your case will be determined by the following factors (among others):

• The circumstances surrounding the crash, particularly the conduct of the responsible parties.
• The severity of your injuries.
• The insurance policy limits of all responsible parties and entities.
• The location of the crash and where you live, as laws can vary significantly from state to state.

While these factors may not themselves provide an immediate estimate of the dollar value of your case, they do offer a foundation for estimating damages, which will ultimately determine the compensation that may be available in your injury case.

COMPENSATION IN A CALIFORNIA PERSONAL INJURY CASE

The compensation a person can receive in a California personal injury case largely depends on the severity and extent of their injuries. For example, someone who sustains whiplash that resolves after a few months would obtain less in overall damages than someone who is paralyzed. Damages can be economic—such as medical expenses, both past and future, and lost income and earning capacity—or non-economic, like compensation for past and future pain and suffering. 

Common damages in a personal injury case in California can include:

• Past and future medical bills – After an accident, you’ve likely already paid or are in the process of paying for medical care. In a personal injury lawsuit, these medical bills are considered economic damages because they are expenses you would not have incurred if not for the injury. Additionally, you may be able to seek damages for future medical bills, as many accident victims require ongoing care for weeks, months, or even years after an accident. An experienced personal injury lawyer can assist you in gathering the necessary documentation to demonstrate anticipated future medical expenses. The medical bills you incurred, as well as those you may incur in the future play a significant role in determining the value of your case.
• Lost wages for missing work after an accident – Lost wages encompass all income that you would have earned if you had not been injured. This includes your hourly wage or salary, as well as applicable overtime pay, sales commissions, bonuses, paid time off, and other benefits.
• Lost earning capacity – This issue arises when a victim’s injuries prevent them from performing the same work or working at the level as they did before the injury. For example, a construction worker who suffers a severe neck or back injury may be forced to find a new, potentially lower-paying job because they can no longer handle the physical demands of construction work. Proving lost earning capacity can be challenging, so working with an experienced injury lawyer who will retain medical and vocational rehabilitation experts is crucial for building a strong case.
• Loss of consortium – This occurs when an injured person can no longer provide their spouse or close family member with the same love, affection, services, and companionship as they did before the accident. A plaintiff, such as a wife, husband, domestic partner, or a minor child who has suffered such a loss may be eligible to pursue loss of consortium damages through a negotiated settlement or a jury trial. While there is no standard formula for calculating damages for loss of consortium, generally, the more severe and long-lasting the loss, the larger the potential award. Not all states allow victims to sue for loss of consortium.
• Pain and suffering – Pain and suffering damages compensate for the physical pain, mental and emotional distress, and suffering that a victim endures because of their injuries. For example, a person who sustains a painful facial laceration in an accident may be eligible to recover damages not only for the pain but also for the disfigurement and ongoing suffering. These damages, including pain and suffering for the immediate victim and loss of consortium for a loved one, such as a spouse, are considered non-economic damages because they are not based on direct financial losses like medical bills or lost earnings. Instead, they are intended to compensate for non-economic losses such as psychological trauma, emotional distress, or loss of enjoyment of life caused by the crash. To secure an award for pain and suffering, the victim's personal injury lawyer must gather substantial evidence documenting how the crash impacted their life.
• Punitive damages – Punitive damages are designed to punish the defendant and deter others from engaging in similar wrongful, intentional, or gravely dangerous behavior. These damages can be substantial if a personal injury attorney proves that a defendant’s actions were recklessly indifferent to human life or safety or were malicious. For example, in 2019, our firm secured a jury verdict that included $2 billion in punitive damages. Although the verdict was later reduced, it sent a strong message to the defendant and helped pave the way for settlement agreements worth billions for thousands of plaintiffs with similar injuries.