Maison Law represents and protects the rights of students injured on California College Campuses. Injuries at college can come in many forms, but the bottom line is that most students are neglected or underrepresented after suffering an injury while getting their education.
College students are often just starting their adult lives when entering college, and a serious injury can set them back years in their education, personal development, and careers. These are all costly damages and students have the right to be compensated fairly for them.
At Maison Law, we stand up for injured students and protect their right to compensation, as well as from liability if they are blamed for their injuries. Get the legal help you need and contact Maison Law today for a no-cost, no-obligation consultation.
How Maison Law Helps Injured Students in California
Students have the same legal rights as everyone else. So, if you were injured on a California college campus then you are entitled to recover damages in the same way any other injured victim would.
Unfortunately, recovering essential compensation can become challenging when dealing with a college’s insurance company. Insurance companies are often looking out for their bottom line, and they typically offer injured college students the lowest amount possible for their injuries. It can also be exceptionally difficult when colleges or their insurance company attempt to blame student for their injuries.
That’s where Maison Law can help. Our firm will manage your personal injury claim against the college and ensure their insurance company fully compensates you for the following damages:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of property repair or replacement
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior (DUI, street racing)
- Actions performed out of spite
When Do I Need a Lawyer for a California College Campus Injury?
If you only suffered minor scrapes or bruises from an accident at college, you may not need a lawyer. However, you should contact a Personal Injury Lawyer at Maison Law if:
- There were serious injuries: You will need compensation to cover your current and future medical bills if you’ve suffered serious injuries. Our attorneys can ensure both.
- Wrongful death: If a loved one has passed away due to the accident you will need compensation for funeral expenses and damages related to the untimely loss.
- Fault: If you are blamed for the accident, but are not at fault, our attorneys can protect you and assign liability to the at-fault parties. Also, our law firm specializes in reducing liability if you are liable to some extent.
- Multiple parties involved: Multiple parties make cases complex. Our attorneys will manage your case while protecting your best interests and right to compensation from all liable parties.
- False police report: If you’re involved in a car accident on a California college campus, a police report may blame the accident on you. If you disagree, our attorneys will help you gather evidence to support your claim.
Types of Premises Liabilities at California State Universities
The California State University system has a legal obligation to maintain safe conditions on their campuses. A violation of this legal obligation is considered a premises liability. Examples of the university’s responsibility to prevent hazardous conditions include:
- Ensuring walkways, dorms, classrooms, and other facilities are safe and up to code
- Addressing hazards such as wet floors, broken stair railings, or inadequate lighting to prevent injury
- Knowingly install or fail to replace faulty equipment
- Hire unqualified employees
- Fail to properly train employees about safety protocols
- Fail to hire enough staff to supervise the property and customers
Premise Liability: Earthquake Injuries
In California, earthquakes are something that must be accounted for when designing any educational facility in California. If a building at a California State University is not structurally sound enough to handle an earthquake and people are injured as a result, then building designers can be held liable for a premises liability under California Health and Safety Code 16600 (a), which states:
“The State Architect and the State Building Standards Commission, in consultation with, and with the concurrence of, the University of California, the California State University, the Structural Engineers Association of California, and the Seismic Safety Commission, shall develop and adopt building seismic retrofit guidelines for state buildings, including those owned by the University of California and by the California State University, by January 1, 1993.”
Comparative Negligence in a California College Campus Pedestrian Accident
Crossing the street while not paying attention can affect your claim. The safety risks of walking while distracted can seem obvious, for example, crossing an intersection while looking down at your phone. This may seem like a forgettable detail if you’re hit by a vehicle, but it could drastically impact your claim if you decide to pursue damages.
In a pedestrian accident, an injury can be caused by carelessness from both a driver and a pedestrian. Using your cell phone while crossing an intersection can be viewed as a careless act, which could have played a part in causing your injuries. On the other hand, the driver that hit you could have been speeding and hit you because they failed to stop in time. This is where comparative negligence comes into play.
Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, even if you’re found at fault for causing your injuries in a pedestrian accident, you still reserve the right to compensation.
What to Do Immediately After a Personal Injury at College
The steps you take after suffering an injury on a college campus will be important to ensuring your safety, as well as protecting your right to compensation if you decide to take legal action. At Maison Law, we recommend doing the following:
- Call the local or campus police: The police will file an accident report and take down the names of everyone involved (if applicable), as well as assign fault based on the evidence in front of them if multiple parties are invovled. A police report will serve as evidence if you need to back up your claims later and it may also prevent further injuries to others on campus by addressing the issue.
- Document the incident: Take photos or film the aftermath of the incident. Film yourself recounting the details of the incident and describe the pain you’re in. It is best to capture how the accident played out while the memory is still fresh in your mind.
- Gather witness statements and driver information: Film or record witnesses willing to give a statement about the accident. Take down their names and phone numbers. Take down the contact information.
- Do NOT admit fault: Don’t admit fault even if you feel you may have caused the accident. Allow the police or the university to conduct their investigation and determine what happened.
- Get Medical Attention: Even if you feel fine, it is important to get checked out by a doctor or go to a hospital. Certain injuries can lie dormant and manifest themselves hours or even days later.
- Contact Maison Law: after suffering a personal injury on a college campus, it is important to speak to one of our attorneys as soon as possible. We will make you aware of your rights, connect you to immediate medical resources, and manage your claim, so you can focus on more important matters like healing from your injuries and notifying your family.
Suing a Private California College
Suing a private college is far less complicated than suing a public university. The reason for this is because a private college is treated like a business instead of like a branch of the government, which is the owner of public college in California.
Private colleges have the same insurance policies as a standard company like Target or Whole Foods. So, if you’re injured, you would file a personal injury claim with the college’s insurance, but getting fair compensation from them can be difficult. That’s why we recommend reaching out to a Personal Injury Attorney at Maison to speak to the insurance company on your behalf. We have years of experience dealing with insurance companies and will ensure you are compensated quickly and efficiently.
Statute of Limitations for Students Injured at California Colleges
If your injured while at college, your case will fall under personal injury law. So, much like all personal injury cases, the victim of the injury has two years from the date of the incident to file a personal injury claim. The two-year statute of limitation is covered in California Civil Code 335.1, which states:
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
If the victim was a minor, the statute of limitations will be withheld until the minor turns 18. Once the child turns 18, the two-year statute of limitations will start. However, it is important to know that the statute of limitations for filing a lawsuit against the government is only six months. There are other differences when filing a lawsuit against the government, which we’ll go over in the next section.
Suing a Public University
Filing a lawsuit against a public college is more complicated than suing a company or individual because public universities are considered government entities. However, it is not impossible to sue the a public college for compensation. If you would like to file a claim against a public college, like any college in the California State University system, for example, your first steps should be to file a notice of your claim with the specific university. You will then wait for the university to complete an investigation of the incident.
To file a claim against California state agencies or employees, you will need to go to the California Department of General Services, Office of Risk Management. This site allows for any person to file a government claim to receive compensation for damages caused by the state of California. If the agency you are suing does not have a claim form, you still have options. Under these circumstances, you can draft your claim. Your written, personal injury claim must include the following:
- Your name and address
- Address where you’d like to receive notice
- Date, location, and circumstances surrounding the incident
- A general description of damages caused by the incident
- The name of the employee (if applicable) or agency that caused the injuries
- The dollar amount you are claiming
- If you are claiming more than $10,000 you must state if your lawsuit will be considered a limited case (less than $35,000) or an unlimited case (a demand for more than $35,000).
If the university does not take action after a certian period of time or denies some part of the claim, then the parents of the injured student can file a lawsuit. If you have not heard back from the university, then contact Maison Law today for a free case review and we can help you take legal action if necessary.
What is Sovereign Immunity?
A government entity can deny your claim through sovereign immunity.” Sovereign immunity is when a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty. However, the government is not allowed to declare sovereign immunity anytime they are at fault. The California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness or corruption.
Depending on the circumstances, suing the government can be an incredibly challenging process. You will need an experienced tort lawyer who understands government liability to navigate the complex legal process.
FAQs
Q: How long does it take to settle a personal injury claim in California?
A: Personal injury claims typically take 6 months to a year to settle. However, the more complicated the case, the longer it usually takes.
Q: How much injury compensation will I get?
A: This all depends on the severity of your injury, as well as how long your quality of life has been affected. One of our Personal Injury Attorneys can help you determine what your case is worth.
Q: How much do accident attorneys charge in Glendale?
A: Each attorney charges a different rate, but their fee typically only comes out of the final settlement if they win your case. At Maison Law, we work on a contingency fee basis. This means we only charge you if we win your case. Otherwise, there are zero fees for our services.
Contact a California College Campus Personal Injury Lawyer
If you or a loved one has sustained injuries due to a premises liability or a careless act on a California college campus, Maison Law is here to get you the maximum compensation for the damage done to your life. College is meant to be a time of growth and positive change, not a major setback.
That’s why, at Maison Law, we take the necessary legal action for you to be compensated for all current and future damages you may face after an accident on a college campus. Don’t wait until it’s too late to take legal action. Contact Maison Law today for a no-cost, confidential consultation and case evaluation.
