If you were injured in a car crash, harmed by a defective product, slipped and fell as a result of dangerous premises, or are the victim of medical malpractice, Torem & Associates can help you take legal action. Our Fresno personal injury lawyers have more than 35 years of experience and are well-versed in all types of personal injury and wrongful death cases. Browse our website to learn more about the types of cases we handle or contact our firm for a free consultation. We offer all our services on a contingency fee basis—if we do not win your case, you do not have to pay.
Submit an online contact form or call (888) 859-4434 for a complimentary case evaluation with our team today.
California Personal Injury Laws
When it comes to filing a personal injury claim in Fresno or anywhere throughout the state of California, there are a few things you need to know. First and foremost, California follows the rule of “pure comparative negligence.” Also known as “shared fault,” this rule assigns a portion of the blame to each party involved in an accident.
What you need to know about pure comparative negligence:
- You may only recover compensation for damages if you are found to be less than 50% at fault for the accident.
- The amount of compensation you will be able to recover extends up to but does not exceed the percentage for which you are at fault.
- This rule is only obligatory in litigation; if your case is resolved through settlement, you may be able to negotiate compensation outside of the parameters of shared fault.
For example, say you are hit by another driver who made an unprotected left turn into your oncoming path. Because the rules of the road state that you had the right-of-way, the other person should be at fault, right? However, if you were speeding ten miles per hour over the speed limit when you were hit, the jury might determine that you were 30% at fault for the accident, while the other motorist was 70% responsible. If you are seeking compensation for $10,000 total in damages, you will only be able to recover up to $7,000.
Other important things to know about personal injury law in California:
- The statute of limitations (or time you have to file a claim) is two years from the date of injury or two years from the date you knew of or should have known of the injury.
- In some cases, such as dog bite claims, the rule of “strict liability” may apply, meaning you do not need to prove negligence in order to bring a claim.
- California prevents uninsured drivers from recovering compensation for non-economic damages unless he or she was hit by a drunk/intoxicated driver.
- Under the Medical Injury Compensation Reform Act, there is a $250,000 cap on non-economic damages (such as pain and suffering) for medical malpractice claims.
Fighting for the Injured Since 1983
If you were severely injured or your loved one was killed as a result of someone else’s negligence, reach out to our personal injury attorneys in Fresno to find out how we can help you. We understand just how difficult it is to move forward after a catastrophic accident. Because of this, we strive to provide caring, one-on-one attention and tireless representation throughout the legal process. Our firm is prepared to handle every aspect of your case so that you can focus on healing.
We're Here to Help! Call (888) 859-4434 or contact us online to schedule a free, confidential consultation. Se habla español.