Have you ever been involved in property damage or a slip and fall accident? How about an injury on the job? Personal injuries can be very costly. Many victims of personal injuries in California, seek to establish a case against those responsible. Personal injury suits can be filed when another person or organization violates an individual’s rights.
Imagine that you’ve been injured, or your property has suffered damage because of someone else’s negligence. You may be entitled to compensation if you are injured or experience property damage due to someone else’s negligence.
Personal Injury
Personal injury in the United States is defined as any harm, whether physical or mental, that occurs due to the negligence of another person. It includes slips and falls, car accidents, medical malpractice, and more. The plaintiff must prove that the defendant breached their duty of care (as they did to others) and that their injuries were caused by this negligence.
Damage Caps on Personal Injury Cases
A cap limits how much money you can receive in your case. If you were injured by someone else’s negligence and their insurance policy covered $1 million, for example, then your claim would be limited to that amount. Your claim may be limited if your damages exceed $2 million.
There are also some exceptions:
You may have more than one defendant or party responsible for your injuries.
When someone dies due to their actions.
There are several possible causes of action.
It is a crime if there has been property damage or destruction.
Property Damage
Property damage can be caused in many ways, ranging from minor to catastrophic. Property damage and personal injury are two different things. It’s important to understand the differences before you file a claim.
Damage to your vehicle or any other vehicle involved is not included in property damage. Property damage does not include the loss of use for your car or any other vehicle that was involved in an accident. Property damage also excludes the loss of use for any damaged buildings or structures. Property damage is exactly what it sounds like damage done to something other than another person.
Claim for Property Damage
Repairs are usually paid for by the driver who caused the accident. Insurance companies are typically responsible for resolving property damage claims. Your auto insurance company will pay for any damages to your car up to a specified amount.
We Can Help
We hope that we have provided you with some useful information on how California handles injury and property damage claims. We assist people in obtaining total compensation in personal injury, property damage, and wrongful death cases. Our lawyers can help if you have been injured or if a third party has damaged your property.
This article was written by Alla Tenina. Alla is a top personal injury lawyer in Orange County CA, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.
