CA Injury Law

At The Mitchell Law Firm of San Jose, we believe that the greater the understanding our client has of the law, the more likely they are to receive the fair and appropriate legal treatment they need. To help the victims of personal injury and accidents throughout California and the San Jose area better protect themselves, their rights, and get the compensation they need and deserve, The Mitchell Law Firm offers an easy to understand explanation to California personal injury and litigation.

Determining Who is at Fault in San Jose

The first step in filing a personal injury claim in California is to understand who the law legally finds responsible for the accident or injuries that have occurred. Under California law, a party that acted negligently and caused injury to another can be held liable and sued for compensation. To prove negligence, a plaintiff must be able to prove that a party acted carelessly or criminally in a way that caused an accident or injury to occur. If you are negotiating with an insurance company the standard of proof for proving negligence may be substantially less that it would need to be in a court of law. 

Under some circumstances, such as when a plaintiff is injured by a product known to be dangerous such as tobacco or alcohol, the manufacturer can not be held liable and sued for compensation.

Punitive Damages

Punitive damages are those intended to punish, similar to criminal fines.  Under California law, a plaintiff is required to show clear and convincing evidence that a defendant acted with fraud, oppression, or malice in order to seek punitive damages.

CA Statute of Limitations

Every state has a law known as the statute of limitations that governs how long a plaintiff has to file a personal injury claim. In California, cases must be conducted within two years of the accident.

For more information about personal injury laws in California, speak with a personal injury attorney.

The Mitchell Law Firm of San Jose understands the impact an accident and personal injury can have on the lives of our clients. We offer free consultations in accident and personal injury cases.

For more information or to speak with a personal injury attorney, call 866-616-9947, or use our online contact form.