You can choose to file a personal injury lawsuit or follow the insurance claims process to receive compensation for a personal injury. Different insurance policies have different policy limits and coverage options for compensation. In most lawsuits, you can receive compensation for medical expenses, lost wages, property damages, and non-economic damages, such as disability, loss of quality of life, and pain and suffering.
You have to satisfy the following elements to successfully prove a personal injury claim in California civil court.
You must prove that the at-fault party was responsible for maintaining a duty of care not to cause you harm. For example, doctors have the responsibility to adhere to high medical standards and drivers must follow the rules of the road.
You must prove that the at-fault party neglected that duty of care. For example, a driver failing to honor the right of way or a doctor providing a misdiagnosis would breach their duties of care.
You must prove that the breach of duty of care led to your injuries. For example, a misdiagnosis can lead to the aggravation of an illness and a driver can crash into your vehicle over a right-of-way dispute.
You must prove that you suffered damages as a result of your injuries. For example, your aggravated illness can lead to additional medical costs and a car crash can lead to significant injuries, such as broken bones.