Some states, such as Washington and Oregon, only allow injured victims to file lawsuits for “serious injuries,” leaving minor injuries covered by the driver’s no-fault insurance. This means a victim’s injuries would have to “qualify” as serious injuries. California does not have a “serious injury” qualifier when it comes to car accidents. However, California does define serious injuries when it comes to OSHA regulations and workplace injuries.
Serious injuries in the workplace are considered serious if they occurred after a violation in which there was a realistic possibility of death or serious physical harm. According to OSHA, serious injuries include:
- Inpatient hospitalization, regardless of length of time, other than medical observation or diagnostic testing
- Amputation
- Loss of an eye
- Permanent disfigurement
What is the Difference Between Bodily Injury and Personal Injury
Bodily injury and personal injury both refer to physical injuries sustained by an individual due to an accident. As similar as they might be, there are key differences between the two. Bodily injury, also referred to as BI within most insurance policies, specifies physical harm sustained by the body. Personal injury refers to physical harm to the body, as well as emotional or psychological harm. Examples of emotional harm include anxiety, emotional stress, depression, and fear brought on by an accident.
Personal injury lawsuits do not require physical injuries as traumatic events, such as car accidents, can have a lasting mental impact. Accident victims can suffer from anxiety or fear of getting back into a vehicle. So, in a legal context, personal injury claims include a victim’s bodily and non-physical injuries, whereas a bodily injury (BI) claim only covers physical injuries.
How Do You Prove Your Injury is Serious in a California Car Accident?
In California, other drivers owe a “duty of care” to the people around them on the road. Duty of care isn’t just a suggestion for drivers, it is a law they must follow. According to Civil Code 1714, people are responsible for their actions and preventing their property from harming others. The statute states:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”
To establish a careless driver caused your accident, you would need to prove the following:
- Duty of care: the other driver has a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
- Breach: the other driver failed to uphold their duty of care toward other drivers
- Cause: the other driver’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
Once liability is proven, you will need to verify your serious bodily injury. Serious bodily injuries in a car accident typically consist of:
- Physical pain
- Illness
- Impairment of bodily functions, organs, or any other injury to the body
These injuries can be verified in your car accident claim by a doctor’s diagnosis, x-rays, MRIs, and medical procedures.
What Happens in a California Car Accident if the Driver Was Uninsured?
If an uninsured driver hits you, it is best to see if the insurance policy on the deceased’s vehicle covers uninsured motorists (UM). If it does, then the insurance policy will cover some, if not all of your damages.
Even if the driver is uninsured, you can file a personal lawsuit against them to recover damages. To do that, you will need an attorney to file the lawsuit and prove the uninsured driver was at fault for the accident, as well as the wrongful death. Assuming the driver cannot afford car insurance, they’ll most likely be unable to compensate you for your damages. If that’s the case, then contact Maison Law and one of our accident attorneys would be happy to assist you on how to proceed.
Contact a Car Accident Lawyer in California
If you or a loved one has been injured in a car accident in California, we can help. We offer free consultations to help you understand your legal options and our experienced team of attorneys will give you a path forward to fully recovering your damages from this accident. If you have questions, we’d love to answer them. Get the expert legal counsel you’ve been looking for by contacting Maison Law today for a free consultation and case evaluation.
