Is a catastrophic injury always someone else's fault in Glendale?
No, a catastrophic injury in Glendale is not always someone else's fault. California law uses pure comparative negligence, which means your own actions could contribute to an incident, but you can still recover compensation even if you bear some fault for your injuries.
California Civil Code § 1714(a) states that everyone is responsible for injury caused by their lack of ordinary care. Determining who is responsible for a catastrophic injury can be complex, often requiring a thorough investigation into the incident's circumstances. A careful review of all facts helps identify all liable parties.
What injuries are considered catastrophic under California law?
A catastrophic injury fundamentally changes a person's life, leaving them with permanent disabilities, severe disfigurement, or chronic medical conditions. These injuries often require extensive, ongoing medical care and can prevent someone from working or living independently.
Examples include traumatic brain injuries, spinal cord injuries leading to paralysis, severe burns, loss of limbs, and organ damage. These types of injuries mean long-term rehabilitation, adaptations to daily life, and substantial financial strain. Unlike less severe injuries, catastrophic injuries demand a lifetime of support and care, impacting every aspect of the injured person's existence and their family's.
How long do you have to file a catastrophic injury claim in Glendale, and what can you recover?
Most California personal injury claims, including those for catastrophic injuries, must be filed within two years from the date of injury (Cal. Code Civ. Proc. § 335.1). However, if your claim involves a public entity, such as the City of Glendale, Los Angeles County, or a transit agency, you must present a written claim within six months of the injury (Cal. Gov. Code § 911.2).
The deadline is generally paused while an injured person is a minor (Cal. Code Civ. Proc. § 352), but that pause does not apply to claims against public entities. Missing these deadlines can mean losing your right to seek compensation. When a case is filed on or after January 1, 2026, the decedent's pain and suffering before death is not recoverable in survival actions (Cal. Code Civ. Proc. § 377.34), but economic losses and punitive damages they could have recovered are still possible. For more information on various types of personal injury cases, you can visit our Los Angeles catastrophic injury attorney main page.
California law allows recovery for medical costs, lost earnings, and non-economic harm. This includes past and future medical expenses, lost wages and earning capacity, property damage, and compensation for pain, suffering, disfigurement, and loss of enjoyment of life. The specific facts of your case determine what compensation is available.
For injuries caused by medical negligence, the non-economic damages are subject to caps under MICRA (Cal. Civ. Code § 3333.2). For 2026, these caps are $470,000 for non-death cases and $650,000 for wrongful death cases, escalating annually. These limits apply separately to different groups of defendants, allowing for multiple applications in complex medical malpractice cases.
What should you do after a catastrophic injury in Glendale?
- Seek Immediate Medical Attention: Your health is the first priority. Even if you feel okay, get checked by medical professionals immediately after an incident. Some serious injuries, like internal bleeding or brain trauma, may not show symptoms right away.
- Report the Incident: If it's a car accident, call the Glendale Police Department. For workplace injuries, report it to your supervisor. For injuries on someone else's property, notify the property owner or manager. A formal report creates an official record of what happened.
- Document Everything: Take photos and videos of the scene, your injuries, vehicle damage, and anything else relevant. Gather contact information from witnesses. Keep all medical records, bills, police reports, and any other documents related to the incident and your recovery. This detailed evidence is important for building your claim.
- Avoid Discussing Fault: Do not admit fault or minimize your injuries to anyone, including insurance adjusters, at the scene, or on social media. Stick to the facts when speaking with authorities and medical personnel.
- Consult a Catastrophic Injury Attorney: Speak with a lawyer who focuses on catastrophic injury cases. An attorney can explain your rights, investigate the incident, and handle communication with insurance companies, allowing you to focus on your recovery. Legal advice specific to your situation helps you understand your options and the steps ahead.
Where does a catastrophic injury claim from Glendale get filed?
In Los Angeles County, a personal injury case is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024). For incidents within Glendale, your catastrophic injury claim would generally be filed in the Los Angeles Superior Court.
Specifically, cases from the Glendale area often proceed through the Burbank Courthouse, located at 300 E Olive Ave, Burbank, CA 91502. While the Burbank Courthouse serves the North Central District, it is always wise to confirm the correct filing location with the court's official locator for your specific facts, as catchment boundaries can change.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means having experienced legal professionals handle your catastrophic injury claim. We begin by listening to your story and understanding the full impact of your injuries on your life. Our firm focuses on personal injury and employment law, so we know what it takes to pursue compensation for severe injuries.
We investigate the incident, gather evidence, and work with medical experts to document the extent of your injuries and future needs. Our goal is to build a strong case that reflects the true cost of your catastrophic injury. We handle all communications with insurance companies and other parties, protecting your rights while you focus on healing. Whether your case involves a complex truck accident, as handled by a Glendale truck accident injury attorney, or another type of severe incident, we are here to advocate for you. If you are in other areas like Montebello or Temple City, we also offer representation.
Frequently Asked Questions
What is "pure comparative negligence" in California?
Pure comparative negligence in California means that an injured person can still recover compensation even if they were partly at fault for their catastrophic injury. The amount of compensation you receive is reduced by your percentage of fault. For example, if you are found 20% responsible for an incident, your total damages would be reduced by 20%. California law does not prevent recovery based on your level of fault.
Are catastrophic injury settlements taxable?
Generally, compensation received for physical injuries and medical expenses in a catastrophic injury settlement is not subject to federal income tax under current IRS rules. However, compensation for lost wages or punitive damages might be taxable. Since tax laws can be complex and specific to individual circumstances, it is advisable to consult with a tax professional regarding any settlement or award.
What if the at-fault party does not have enough insurance?
If the at-fault party in Glendale does not have sufficient insurance to cover your catastrophic injury damages, several options might be available. Your own uninsured/underinsured motorist (UM/UIM) coverage could provide additional compensation. Depending on the facts, other parties might also be liable for your injuries, such as a property owner or a product manufacturer. Exploring all potential sources of recovery is important to ensure you receive the full compensation available under California law.
How does a catastrophic injury claim affect my family?
A catastrophic injury claim directly impacts your family by seeking compensation for their losses too, especially in cases of wrongful death. California law allows recovery for lost financial support, lost household services, and non-economic losses such as the loss of love, companionship, comfort, care, assistance, protection, affection, society, training, and guidance (Cal. Code Civ. Proc. § 377.61). The claim seeks to ease the financial burden and account for the profound personal losses your family experiences.
If you or a loved one has suffered a catastrophic injury in Glendale, contact Casa Legal Los Angeles today for a free consultation. Call us at 888-585-2529. No attorney's fees or case costs unless we win —.