Personal injury is harm that comes to an individual’s body or mind because of the negligent acts of another person or entity. Negligence cases could involve medical malpractice, car accidents, slip and fall accidents, child daycare service negligence, or nursing home abuse, just to name a few.
If you or your loved one suffered an injury at the hands of someone else, you might want to contact a San Jose personal injury. Under California tort law, you might recover medical expenses and other forms of compensation for your injuries.
Call Pintas & Mullins Law Firm today at (800) 614-2067 to speak with a team member who can assess your situation and determine whether you have a case.
Personal Injury Laws in San Jose
In San Jose, personal injury laws impose civil liability for the damages caused by the negligence, carelessness, omissions, or intentional acts of another person or entity. However, you cannot presume that the person who caused an accident must pay for your injuries or losses. You will have to prove that they were, in fact, negligent as defined by CIV § 1714.
Establishing negligence usually is not a straightforward matter. You might find it helpful to have a San Jose personal injury investigate your case and determine the liable parties.
Here are some acts of negligence that could result in a personal injury lawsuit:
- Dram shop law: When a commercial establishment or host provides alcohol to a minor who then causes harm to others due to their intoxication, you could hold them responsible.
- Car accidents: If a driver’s negligence causes a car accident that results in injuries, you can hold the driver liable.
- Dog bites: In California, CIV § 3342 establishes that the owner has strict liability for injuries caused when their dog bites another person in a public place or lawfully on private property. Dog bites often result in medical costs, including bills for doctors, medications, and hospital services. Some dog bites may cause deformity and lead to permanent disability that could affect your capacity to earn.
- Medical malpractice: This occurs when a health care provider breaches the appropriate standard of care when rendering services to a patient, and the breach resulted in an injury. To find a medical professional at fault for medical malpractice, you must prove that their “professional negligence,” as defined in CCP § 340.5, caused your injuries.
- Slip and fall: A property owner has a duty to maintain safe premises free of common hazards. For example, if a grocery store fails to clean up a spill, and you slip on the wet floor and break your leg, you could hold the store owner liable for your injury.
- DUI (Driving Under the Influence of Alcohol): California law prohibits you from driving while intoxicated. If your alcohol level is 0.08 percent or higher, you cannot get behind the wheel. If an intoxicated driver causes an injury accident, they might have liability for the damages.
- Nursing home abuse or neglect: When the nursing home fails to provide a standard quality of care to adults aged 65 and above, resulting in injury, you can hold the facility liable.
In general, to sue someone for negligence, you must prove that they had a responsibility to keep you safe, and they breached that duty, whether intentionally or not. An attorney will also have to establish that the breach of duty was the actual cause of your injury. If you cannot prove all these elements, you cannot win the lawsuit.
A San Jose personal injury lawyer can help you gather evidence to prove the other party’s negligence and fight for the justice and compensation you deserve. Call Pintas & Mullins Law Firm today to learn more.
State Laws That Could Impact Your Case
If you have a valid personal injury case, a lawyer can explain how several statutes could impact your situation.
Notice of Action
CCP § 364 requires you to notify a health care provider of your intent to pursue a medical malpractice lawsuit at least 90 days before filing it. The notice must include the legal basis for your complaint, the injuries you suffered, and the losses you plan to claim.
Statute of Limitations
Under California law, the clock starts ticking at the time of the accident. For personal injury cases, CCP § 335.1 sets a two-year deadline to file your lawsuit, while CCP § 340.5 establishes the timeline for medical malpractice cases.
You can, however, get an extension if you were under 18 when the accident happened, or you did not know about your injuries. Also, a San Jose personal injury attorney may be able to ask for an extension if the driver at fault for a car accident leaves the state.
Statutory Damage Caps
There are rules regarding caps on damage awards in California, which your San Jose personal injury lawyer could help you understand. For instance, if you were an uninsured driver at the time of an accident, you would not be able to claim noneconomic damages such as pain and suffering. Still, there are some exceptions, such as when the other driver gets convicted of DUI related to the accident.
If your personal injury resulted from a medical error, $250,000 is the maximum you could recover for noneconomic damages per California law. This cap, however, does not apply to any other type of personal injury.
For a free legal consultation with a Personal Injury Lawyer serving San Jose, call (800) 794-0444
Pintas & Mullins Law Firm Is Here to Represent You
If you want to know your rights and need someone to handle all communications with the insurance company or represent you in court, we are here to help. At Pintas & Mullins Law Firm, you can connect with a San Jose personal injury lawyer who has handled cases like yours and does not shy away from tough cases.
We work on contingency and only collect payment for our legal services if we win your case. You can call our office today at (800) 614-2067 for a free consultation with a team member and explore your legal options.