Personal Injury & Tort Law Guide

What Is Tort Law?

Tort law is the body of civil law that allows individuals who have been wrongfully injured to seek compensation from those responsible. Unlike criminal law, which punishes wrongdoers through fines and imprisonment, tort law focuses on making the injured person "whole", restoring, as much as money can, what was taken from them by someone else's harmful act.

The word "tort" comes from the Latin tortum, meaning "wrong" or "twisted." In practical terms, a tort is any civil wrong that causes harm, for which the law provides a remedy. Personal injury law is a subset of tort law, covering physical harm caused to individuals through negligence, recklessness, or intentional conduct.

The Three Categories of Torts

1. Negligence Torts

The vast majority of personal injury cases are based on negligence, the failure to exercise the level of care that a reasonably careful person would use in similar circumstances. You do not have to prove that someone intended to hurt you; you only need to show that they failed to act with reasonable care and that failure caused your injury.

Examples of negligence torts: a driver who runs a red light and hits your car; a store owner who fails to clean up a spill and you slip on it; a dog owner who fails to restrain their dog and it bites you.

2. Intentional Torts

An intentional tort occurs when someone deliberately engages in conduct that causes harm to another. The actor does not need to intend the specific harm, only the act itself. Examples include assault, battery, false imprisonment, and intentional infliction of emotional distress. Intentional torts often also give rise to criminal charges, but a civil tort claim is separate and can proceed regardless of criminal outcome.

3. Strict Liability Torts

In strict liability cases, the defendant is responsible for harm regardless of fault or intent. The most common examples are product liability (defective products) and certain animal attack cases. If a manufacturer sells a defective product that injures you, you do not need to prove they were careless, you only need to prove the product was defective and the defect caused your injury. California Civil Code Section 3342 imposes strict liability on dog owners for bites occurring in public places or lawfully accessed private property.

The Four Elements of Negligence

To win a negligence-based personal injury claim in California, you (the plaintiff) must prove four elements:

1. Duty of Care

The defendant had a legal duty to exercise reasonable care toward you. All drivers have a duty to operate their vehicles safely. Property owners have a duty to maintain reasonably safe premises for visitors. Doctors have a duty to provide competent medical care. The duty of care varies by relationship and context, but it is the foundation of every negligence claim.

2. Breach of Duty

The defendant failed to meet their duty of care. A breach occurs when someone's conduct falls below what a reasonable person would do in the same situation. A driver who was texting and caused an accident breached their duty. A store that knew about a wet floor for two hours and did nothing breached their duty to customers.

3. Causation

The breach of duty caused your injury. California uses two tests for causation: actual causation (also called "but for" causation, but for the defendant's conduct, the harm would not have occurred) and proximate causation (the harm was a foreseeable result of the breach). Both must be established.

4. Damages

You suffered actual, measurable harm as a result. In personal injury law, damages must be real, you must have suffered actual injury, financial loss, or other cognizable harm. The law does not compensate for near-misses or situations where you were lucky and suffered no harm.

Types of Damages in Personal Injury Cases

Economic Damages

Also called "special damages," these are objectively quantifiable financial losses:

• Medical expenses, past and future
• Lost wages and salary
• Loss of future earning capacity
• Property damage and repair costs
• Out-of-pocket expenses related to the injury
• Cost of in-home care or household assistance

Non-Economic Damages

Also called "general damages," these are subjective, non-monetary losses that do not come with a receipt but are very real:

• Pain and suffering
• Emotional distress and psychological trauma
• Loss of enjoyment of life
• Permanent disability or disfigurement
• Loss of consortium (impact on marital relationship)

Punitive Damages

Punitive damages are awarded in cases involving malice, oppression, or fraud, extreme conduct that goes beyond ordinary negligence. Their purpose is to punish the wrongdoer and deter similar conduct in the future. They are rare but available in the most egregious cases under California Civil Code Section 3294.

California Personal Injury Law: Key Concepts

Statute of Limitations

You generally have two years from the date of injury to file a personal injury lawsuit in California (CCP Section 335.1). Claims against government entities require a government claim filed within six months. Missing the deadline typically results in permanent loss of your right to sue.

Pure Comparative Negligence

California follows pure comparative negligence (Li v. Yellow Cab Co., 1975). Even if you were partially at fault, you can recover damages reduced by your percentage of responsibility. If you were 40% at fault and your damages are $500,000, you recover $300,000. Insurance companies aggressively try to increase your assigned fault percentage to reduce their liability.

Vicarious Liability

An employer can be held liable for the negligent acts of an employee committed within the scope of employment. This is why trucking companies, rideshare companies, and other businesses with employees on the road can be named as defendants in accident claims.

Premises Liability

Property owners owe different duties to different classes of visitors. Invitees (customers, clients) are owed the highest duty, owners must inspect and fix or warn of known and discoverable hazards. Licensees (social guests) must be warned of known dangers. Even trespassers may be protected under certain conditions, particularly when children are involved (the "attractive nuisance" doctrine).

What to Do After an Accident: Complete Guide

At the Scene

• Call 911, create an official police report
• Seek immediate medical attention even if you feel fine
• Photograph everything: damage, scene, road conditions, injuries
• Collect contact information from all witnesses
• Exchange information with all involved drivers
• Do not admit fault or apologize to anyone
• Do not leave the scene before police arrive

In the Days Following

• Follow all medical advice and attend all appointments, gaps in treatment hurt claims
• Keep a journal documenting your pain, symptoms, and how the injury affects your daily life
• Save all medical bills, pharmacy receipts, and evidence of lost wages
• Do not post anything about the accident or your injuries on social media
• Do not give a recorded statement to any insurance company
• Do not sign any release or settlement offer without attorney review
• Call Masjedi & Associates for a free case evaluation

Understanding the Claims Process

A personal injury claim typically proceeds as follows: initial attorney consultation and case evaluation, investigation and evidence preservation, medical treatment until maximum medical improvement, demand to the at-fault party's insurer, negotiation, and either settlement or litigation. Most cases settle; very few require trial.

Why Legal Representation Changes Everything

Studies consistently show that injury victims represented by attorneys recover significantly more than those who handle their own claims, even after accounting for attorney fees. There are several reasons for this:

• Attorneys know the full scope of damages you are entitled to, many unrepresented claimants unknowingly accept less than they deserve
• Attorneys understand how to counter insurance company tactics designed to minimize claims
• The threat of litigation from an experienced attorney produces better settlement offers
• Attorneys can identify all liable parties, including those you might not know about
• Attorneys understand how to document and present claims to maximize recovery

At Masjedi & Associates, you pay nothing unless we win. The consultation is free. There is no financial reason not to call.