Serving California with Commitment, Integrity, and Results

Avian Law Group proudly represents clients in personal injury cases throughout California. We provide comprehensive legal services designed to protect your rights, your interests, and your future. If you or a loved one have been injured due to the negligence or recklessness of another, Avian Law Group is ready to stand by your side.

What is Personal Injury?

Personal injury refers to physical or emotional harm suffered by a person due to the negligence or wrongdoing of another individual, company, or government entity. The personal injury law, also known as tort law, is designed to protect those injured by providing them the right to seek compensation for their losses.

Injuries can occur in various settings and through different scenarios, such as auto accidents, slips and falls, medical malpractice, defective products, workplace accidents, and more. These cases often involve a complex interplay of laws, evidence, and negotiations. This is where the expertise of Avian Law Group can make a significant difference in your case.

Personal Injury Claims in California

In California, personal injury claims are founded on the principle of negligence. This means that the party causing the injury failed in their duty of care towards the injured person. In legal terms, a “duty of care” is an obligation to act in a manner that would prevent harm to others.

Establishing Negligence Involves Proving Four Key Elements

  1. Duty: The defendant had a duty of care to avoid causing harm.
  2. Breach: The defendant breached that duty by acting or failing to act in a certain way.
  3. Causation: The defendant’s actions (or inactions) caused your injury.
  4. Damages: You suffered damages as a result of the defendant’s negligence.

California operates under a “pure comparative negligence” rule. This means that if you’re found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault.

Common Injuries in California and How to Pursue Compensation

Auto Accidents Injuries

  • Common Injuries: Whiplash, concussions, broken bones, internal injuries, and psychological trauma.
  • Pursuing Compensation: Gather evidence from the scene, seek immediate medical attention, report the accident to the police, obtain a copy of the accident report, and consult with a personal injury attorney.

Motorcycle Accidents

  • Common Injuries: Road rash, fractures, traumatic brain injuries, spinal injuries, and limb amputations.
  • Pursuing Compensation: Just like with auto accidents, collect evidence, get medical treatment, report the accident, and consult a specialized motorcycle accident lawyer.

Pedestrian Accidents

  • Common Injuries: Fractures, head injuries, internal injuries, and spinal cord injuries.
    Pursuing Compensation: Document the accident scene, obtain witness details, seek medical treatment, report to authorities, and get legal representation.

Slip and Fall Accidents

  • Common Injuries: Broken bones, sprains, head injuries, back injuries.
  • Pursuing Compensation: Document the scene where the fall occurred, notify the property owner, get medical treatment, and consult with an attorney specializing in premises liability.

Workplace Injuries

  • Common Injuries: Repetitive strain injuries, falls, cuts, burns, and respiratory diseases.
  • Pursuing Compensation: Report the injury to your employer, seek medical attention, ensure the incident is documented in the workplace injury log, and consider consulting with a workers’ compensation attorney.

Medical Malpractice

  • Common Injuries: Misdiagnosis, surgical errors, birth injuries, medication errors, and anesthesia mistakes.
  • Pursuing Compensation: Seek a second medical opinion, gather all medical records, and consult with a medical malpractice attorney.

Bicycle Accidents

  • Common Injuries: Fractures, head and brain injuries, dental and jaw injuries, and lacerations.
  • Pursuing Compensation: Document the accident scene, get details of all involved parties and witnesses, seek medical treatment, report the incident to the police, and consult a bicycle accident lawyer.

Dog Bites

  • Common Injuries: Puncture wounds, scars, infections, psychological trauma.
  • Pursuing Compensation: Take photos of injuries, report the bite to local authorities, get medical treatment, and consider getting a personal injury lawyer with experience in dog bite cases.

Construction Accidents

  • Common Injuries: Falls, electrocutions, machinery accidents, and exposure to hazardous materials.
  • Pursuing Compensation: Notify your employer, document the scene and details of how the injury occurred, seek medical treatment, and consider legal representation, especially if safety protocols were ignored.

Product Liability (Defective Products)

  • Common Injuries: Burns, fractures, poisoning, and choking.
  • Pursuing Compensation: Preserve the product without altering it, document the injury and how it occurred, seek medical attention, and consult a product liability attorney.

Why Hire a Personal Injury Lawyer?

Personal injury cases can be complex and demanding, requiring thorough investigation, expert witnesses, and savvy negotiation tactics. By hiring a personal injury lawyer from Avian Law Group, you gain:

  1. Knowledge and Experience: We understand the legal system, the complexities of personal injury law, and how to effectively advocate for you in court.
  2. Investigative Skills: We have the resources to conduct an in-depth investigation of your accident, identify all liable parties, and build a strong case.
  3. Negotiation Expertise: Insurance companies often offer a low initial settlement. We know how to negotiate effectively to ensure you receive the compensation you deserve.
  4. Peace of Mind: During this difficult time, having a seasoned attorney managing your case allows you to focus on healing.

The Importance of Hiring a Local Attorney for Personal Injuries in California

California, with its sprawling cities, coastal highways, and vast population, is a hub of activity. Unfortunately, this also means that personal injuries, whether from auto accidents, slip and falls, or workplace incidents, are not uncommon. If you find yourself needing legal representation for a personal injury in California, hiring a local attorney can make a significant difference in the outcome of your case. Here’s why:

  1. In-depth Knowledge of State Laws: Personal injury laws can vary dramatically from one state to another. A local attorney in California will have a thorough understanding of the state-specific laws and regulations governing personal injury claims. This expertise ensures your case is built on a solid legal foundation.
  2. Familiarity with Local Courts and Procedures: Navigating the court system can be daunting. Local attorneys are familiar with the procedural nuances of California courts, the local judges, and the administrative staff. They know what to expect and can guide you smoothly through the process.
  3. Quick Accessibility: Being able to meet your attorney face-to-face is invaluable. Hiring a local lawyer means you can easily schedule in-person consultations, allowing for better communication and understanding of your case.
  4. Understanding of Local Medical Professionals: A critical aspect of personal injury cases is medical evidence. Local attorneys often have established relationships with medical professionals in the area. They can recommend trustworthy experts to consult on your injuries or even testify if necessary.
  5. On-the-Ground Investigation: A local attorney can quickly visit accident scenes, gather evidence, talk to witnesses, and collaborate with local law enforcement. Their proximity allows them to act swiftly, ensuring vital evidence isn’t lost.
  6. Reputation and Networking: A well-established local attorney likely has built a reputation within the community, both with other lawyers and with insurance adjusters. These relationships can play a pivotal role in negotiations, potentially leading to quicker and more favorable settlements.
  7. Dedication to the Community: Local attorneys have a vested interest in serving their community. Their personal and professional reputation is at stake, often leading to a higher level of dedication and commitment to their clients.
  8. Economic Benefit to the Community: By hiring local, you’re also contributing to the local economy. Your fees help support local businesses, ensuring the community thrives.
  9. Contingency Fee Structures: Many local personal injury attorneys in California operate on a contingency fee basis. This means you only pay if you win your case. They’ll be as invested in a successful outcome as you are.
  10. Cultural Awareness: California is a diverse state with a rich tapestry of cultures. A local attorney will have a better understanding of cultural nuances, sensitivities, and local attitudes, which can be beneficial when presenting your case or selecting a jury.
  11. Understanding of Local Insurance Companies: Dealing with insurance companies is often a significant aspect of personal injury cases. Local attorneys will be familiar with the tactics and practices of insurance companies operating in California, putting them in a better position to negotiate effectively on your behalf.

While it might seem tempting to hire an attorney based on national reputation or large-scale advertising campaigns, personal injury cases often require a nuanced, localized approach. A local attorney brings a combination of legal expertise and on-the-ground knowledge that can be crucial for the success of your case. If you’re facing a personal injury in California, consider the manifold benefits of hiring local, ensuring your rights are protected and increasing your chances of securing the compensation you deserve.

At Avian Law Group, we have a deep understanding of California personal injury law. We work tirelessly to ensure our clients receive fair compensation for their injuries, which may include medical expenses, loss of earnings, pain and suffering, and more.

A Guide to California’s Personal Injury Laws and Statutes

Personal injury claims in California are governed by a combination of case law and statutory law. If you’ve suffered an injury in California due to someone else’s negligence, it’s crucial to understand the state’s laws pertaining to personal injury. Here’s a concise guide to some of the most significant aspects:

Statute of Limitations

The “statute of limitations” is the timeframe you have to file a lawsuit.

  • Standard Personal Injury: 2 years from the date of the injury.
  • Medical Malpractice: 3 years from the date of the injury or 1 year from the date the plaintiff discovers (or should have discovered) the injury, whichever comes first.
  • Property Damage: 3 years from the date of the damage.
  • Claims Against Government Entities: Typically, 6 months to file an administrative claim.

Comparative Negligence

California follows the “pure comparative negligence” rule. This means if you are partially at fault for your injury, your compensation can be reduced by your percentage of fault. For instance, if you’re found to be 20% at fault and your damages amount to $100,000, you can only recover $80,000.

Limits on Damage Awards

While there’s no cap on damages for most personal injury claims in California, there are some exceptions:

  • Medical Malpractice: Non-economic damages (like pain and suffering) are capped at $250,000. There’s no cap on economic damages, such as medical bills or lost wages.
  • Punitive Damages: Only awarded if the defendant’s conduct is proven to be malicious, oppressive, or fraudulent.

Strict Liability for Dog Bites

In California, dog owners are usually held strictly liable for dog bites, regardless of whether the dog had shown any previous aggression. The only exceptions are if the person bitten was trespassing, provoking the dog, or if the dog was performing military or police work at the time.

Injury Claims Against the Government

To bring an injury claim against a California government agency, you must first file an administrative claim with the government entity responsible. This must be done within six months of the injury. Only after the administrative claim is denied, or six months have passed without a response, can you file a lawsuit in court.

No-Fault Car Insurance System

California is NOT a no-fault state when it comes to auto accidents. This means that the person responsible for causing the car accident is also responsible for any resulting harm (bodily injury or property damage).

Injuries on Public Property

If your injury occurred on public property, the government entity responsible for maintaining the property might be liable. However, under certain conditions, government entities can be immune from such claims.

Damage Caps in Injury Cases

While there isn’t a general cap on damages in personal injury cases, as mentioned earlier, there is a cap on non-economic damages in medical malpractice cases. There are also limits for claims against government entities.

Claims for Emotional Distress

California law recognizes claims for negligent infliction of emotional distress and intentional infliction of emotional distress. However, these claims are more challenging to prove, requiring clear evidence of severe emotional distress and the defendant’s direct role in causing it.

Mandatory Insurance

Motorists in California are required to carry auto insurance. Minimum liability insurance amounts are:

  • $15,000 for injury/death to one person.
  • $30,000 for injury/death to more than one person.
  • $5,000 for damage to property.

Understanding the Legal Process: Steps to Take Post-Injury in California

Accidents happen, and unfortunately, they can result in serious injuries. If you find yourself injured due to someone else’s negligence in California, you might be entitled to compensation. Navigating the legal aftermath of an injury can be confusing, but understanding the process can significantly enhance your chances of obtaining a favorable outcome. Here’s a step-by-step guide to help you understand the legal process post-injury in California.

Immediate Medical Attention

Above all else, your health is the priority. Even if you believe your injuries are minor, seek medical attention immediately. Not only does this ensure that you’re on the path to recovery, but it also provides official documentation of your injuries, which can be essential for your claim.

Document Everything

  • As soon as you’re able, document every aspect of the accident:
  • Take pictures of the accident scene, your injuries, and any damages.
  • Obtain names and contact details of any witnesses.
  • If applicable, report the accident to law enforcement and request a copy of the accident report.

Notify Relevant Parties

Inform the involved parties, especially if your injury resulted from a car accident or an incident on someone’s property. For auto accidents, exchange insurance information. If injured on someone’s premises, report the injury to the property owner or manager. But remember, at this stage, limit your communication. Do not admit fault or provide detailed statements without legal advice.

Hire a Personal Injury Attorney

Consulting an attorney early can help you understand your rights and the value of your claim. An experienced lawyer can guide you through the complexities of California’s personal injury laws and ensure you avoid common pitfalls.


Your attorney will begin an investigation. This might include revisiting the accident scene, talking to witnesses, reviewing medical records, and gathering evidence to support your claim.

Filing a Claim

Before filing a lawsuit, your attorney will typically file a claim with the at-fault party’s insurance company. They’ll present evidence and negotiate for a fair settlement.

Lawsuit Commencement

If negotiations fail or the insurance company disputes the claim, your attorney may advise filing a lawsuit. In California, the statute of limitations for most personal injury cases is two years from the date of injury.


Once a lawsuit is filed, both parties will enter the discovery phase, gathering information from each other. This process involves written questions, document requests, and depositions.

Mediation and Negotiation

Even after a lawsuit is initiated, both parties can attempt to settle the matter out of court. Mediation involves a neutral third party, helping both sides come to an agreement.


If mediation doesn’t result in a settlement, the case will proceed to trial. Both sides will present their evidence, and a judge or jury will decide the outcome. If successful, you’ll be awarded compensation based on your injuries, pain and suffering, medical expenses, lost wages, and more.


If either party believes there was a legal error during the trial, they might appeal the case to a higher court. Appeals can lengthen the legal process significantly.

Receiving Compensation

Once a settlement is agreed upon or a court awards a verdict, arrangements will be made for you to receive compensation. It’s important to note that attorneys typically work on a contingency fee basis, meaning they get paid only if you win your case.
If injured in California, the most crucial steps generally involve seeking immediate medical attention, documenting everything related to the injury, notifying the relevant authorities or parties, and considering legal representation. Legal consultation becomes essential, especially when dealing with insurance companies, large corporations, or complex cases. It ensures that victims understand their rights and the potential compensation they might be entitled to receive.

Avian Law Group – Your Trusted Personal Injury Law Firm in California

At Avian Law Group, we have a deep understanding of California personal injury law. We work tirelessly to ensure our clients receive fair compensation for their injuries, which may include medical expenses, loss of earnings, pain and suffering, and more.

We take pride in offering personalized service. From the moment you walk through our doors, you’re not just a client – you’re family. We provide comprehensive legal counsel every step of the way, keeping you informed about the progress of your case and helping you understand your options.

The aftermath of an injury is a challenging time, filled with medical, personal, and legal complexities. While this guide provides a roadmap, each case is unique. To navigate the nuances of California’s legal system post-injury and to ensure your rights are protected, partnering with an experienced attorney is crucial. Your focus should be on recovery, while your attorney handles the legal intricacies.

What sets Avian Law Group apart is our commitment to our clients. We’re not just here to represent you; we’re here to support you. We handle every case with the care and respect it deserves, treating each client as an individual, not a case number.

When you choose Avian Law Group, you can trust that we’ll fight aggressively for your rights and interests.

California Car Accidents

A car accident can be a devastating experience. Falling victim to a traffic accident such as a rear-end collision, or...

Arizona Rideshare Accidents

A car accident can be a devastating experience. Falling victim to a traffic accident such as a rear-end collision, or...

Arizona Motorcycle Accidents

A motorcycle accident is always a devastating and life-changing event. The dangers are apparent, with motorcyclists being at higher risk...

Arizona Commercial Vehicle Accidents

A car accident can be a devastating experience. Falling victim to a traffic accident such as a rear-end collision, or...

Arizona Wrongful Death

Advocating for Families After Tragic Losses At Avian Law Group, we believe you should not have to face these challenges...