In the realm of legal claims, personal injury involves a personal harm suffered by the plaintiff that has been caused by the negligence or willful misconduct of the defendant. Types of personal injury include car accidents and dog bites. In order to prevail on a personal injury claim in California, the plaintiff must show four elements:

• The defendant owed the plaintiff a duty of care;
• The duty of care was breached;
• The breach of the duty of care was the direct cause of the plaintiff’s injury;
• The injury is compensable. 

If a judge or jury finds that these four legal elements have been satisfied by the plaintiff, the plaintiff is entitled to damages. There are three kinds of damages:

Economic damages are the direct and easy-to-quantify losses incurred by the plaintiff, including lost wages, medical expenses, rehabilitation expenses, property losses, and similar types of economic damages.

Non-economic damages include pain and suffering damages, damages for emotional distress, and damages related to loss of consortium and companionship. These types of damages are typically more difficult to quantify. 

Finally, punitive damages are available in certain cases in California, particularly to deter oppressive or wilful misconduct. These types of damages can generally not be greater than nine times the compensatory damages awarded to the plaintiff, and they are calculated using a nuanced formula that considers the type of actions taken by the defendant and his or her motivations; the defendant’s financial status; and their proportionality to the compensatory damages. 

Typically, an action for personal injury must be brought within two years of the date of the loss or injury in order to meet the statute of limitations imposed by California law.

When the Plaintiff Is a Minor

When the plaintiff is a minor – that is, under 18 years old – there are some major differences in the way that a personal injury action is handled. Ensuring that a minor receives the compensation to which he or she is entitled is handled in California through a process known as the Minor’s Settlement Agreement. In this process, an adult – typically the injured minor’s parents or legal guardian – acts on behalf of the minor to negotiate and settle the claim. The role of this person is known as “guardian ad litem.” The guardian ad litem stays in this role until the minor turns 18, and has a fiduciary duty to do what’s best for the minor and not benefit from any settlement monies that may have been obtained. Most commonly, these monies are placed in trust, but in certain situations the guardian ad litem can request their release for purposes such as educational expenses. 

Contact the Law Offices of Earl E. Conaway, III

Personal injury litigation can be complex, and this is certainly the case with personal injury claims involving minor children. If you’re seeking compensation on behalf of your injured child, it’s important to consult with an experienced San Luis Obispo personal injury lawyer to get the best advice and representation possible. Contact us today to see how we can help you.