Can I still file a catastrophic injury claim in Westlake Village if I was partly at fault?
Yes, you can still pursue a claim in Westlake Village even if you bear some responsibility for your catastrophic injury. California law follows a "pure comparative negligence" rule, which means your recovery is reduced by your percentage of fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804).
This rule allows you to seek compensation from other at-fault parties, even if you were mostly to blame. A court or insurance adjuster will determine each party's share of fault to calculate your potential recovery.
Where do Westlake Village catastrophic injury claims get filed?
Catastrophic injury claims from Westlake Village are generally filed in the Superior Court of California, County of Los Angeles. Specifically, a personal injury case originating in Westlake Village would be assigned to the Northwest District's Personal Injury Hub department.
The primary courthouse for this district is the Van Nuys Courthouse East, located at 6230 Sylmar Ave, Van Nuys, CA 91401. Filing rules in Los Angeles County require a personal injury case to be filed in the judicial district where the incident occurred (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024).
How long do I have to file a catastrophic injury claim in California?
Most catastrophic injury and wrongful death claims in California must be filed within two years of the injury date (Cal. Code Civ. Proc. § 335.1). This deadline applies to most cases involving private individuals or companies.
However, if your claim is against a city, county, or other public agency, you must present a written claim to that entity within six months of the injury (Cal. Gov. Code § 911.2). Missing this shorter deadline can prevent you from filing a lawsuit later. These deadlines have exceptions and must be confirmed with an attorney for your specific facts.
The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352. However, Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act.
California law allows for recovery of medical costs, lost earnings, and non-economic harm such as pain and suffering. If the injury resulted in death, specific wrongful death damages include financial support, lost gifts, funeral costs, and the loss of companionship (Cal. Code Civ. Proc. § 377.61).
For survival actions filed on or after January 1, 2026, Cal. Code Civ. Proc. § 377.34 does not allow recovery of the decedent's pain, suffering, or disfigurement. Only the decedent's economic losses before death and punitive damages the decedent could have recovered are available, unless the claim is for elder abuse under Welf. & Inst. Code § 15600 et seq.
What should I do after a catastrophic injury in Westlake Village?
- Seek immediate medical attention. Your health is the priority. Get a thorough medical examination and follow all doctor's recommendations. This creates important documentation of your injuries.
- Report the incident. If your injury happened in an accident, report it to the police for car crashes or to property owners for other incidents. A formal report can be crucial evidence.
- Document everything. Take photos and videos of the scene, your injuries, vehicle damage, and anything else relevant. Keep records of medical appointments, bills, lost wages, and communications related to the injury.
- Do not give recorded statements without legal advice. Insurance companies may try to contact you. It's best to speak with an attorney before providing any recorded statements or signing documents, as these could harm your claim.
- Consult with a Westlake Village catastrophic injury attorney. A lawyer can evaluate your situation, explain your rights, and help you understand the complex legal process ahead. This initial consultation is often free.
What types of cases does a catastrophic injury lawyer handle in Westlake Village?
A catastrophic injury lawyer in Westlake Village handles cases where injuries are severe and life-altering, leading to long-term medical care, permanent disability, or significant impact on daily life. These injuries often require extensive treatment and rehabilitation.
We represent individuals who have suffered catastrophic injuries in various incidents, including serious vehicle collisions. Our firm also assists those injured in motorcycle accidents or as pedestrians, helping them pursue the full compensation available under California law.
These cases can involve traumatic brain injuries, spinal cord injuries, severe burns, paralysis, amputation, or multiple organ damage. Such injuries dramatically change a person's life, often requiring ongoing medical care and significant adjustments to their living situation.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means having an advocate who focuses on your recovery while handling the legal complexities. We start by listening to your story and gathering all necessary documentation related to your catastrophic injury in Westlake Village.
Our team investigates the incident, identifies all responsible parties, and calculates the full extent of your damages. This includes past and future medical expenses, lost income, pain and suffering, and other long-term costs associated with your injury. We work to build a strong case to pursue the maximum compensation available.
We communicate with insurance companies and opposing counsel on your behalf, protecting you from tactics designed to minimize your claim. While many cases settle out of court, we are always prepared to take your case to trial if that is what it takes to achieve a just outcome.
Our firm also serves communities throughout Los Angeles County, including our neighbors in Calabasas and Carson, and in nearby Ventura County cities like Camarillo.
Frequently Asked Questions
What is the difference between economic and non-economic damages in a catastrophic injury claim?
Economic damages cover quantifiable financial losses, such as medical bills, lost wages, rehabilitation costs, and future care expenses. Non-economic damages compensate for subjective losses like pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Prop 51 (Cal. Civ. Code § 1431.2(a)) states that liability for non-economic damages is several only, not joint, meaning each defendant is only responsible for their share of fault for these damages.
Can I recover damages if the at-fault party is uninsured?
Your ability to recover if the at-fault party is uninsured depends on your own insurance policy. If you have uninsured motorist (UM) coverage, your policy might cover your damages. However, Cal. Civ. Code § 3333.4, known as Prop 213, generally bars uninsured vehicle owners from recovering non-economic damages, even if the other driver was at fault, unless that other driver was convicted of DUI.
What if my catastrophic injury was caused by a public entity in Westlake Village?
If a public entity in Westlake Village, such as the county or a city department, caused your catastrophic injury, you must first file a formal claim with that entity within six months of the injury, as required by Cal. Gov. Code § 911.2. This is a strict deadline, and missing it can bar your claim entirely. After the public entity responds to your claim, you may then be able to file a lawsuit.
How long does a catastrophic injury lawsuit typically take?
The duration of a catastrophic injury lawsuit varies significantly based on the complexity of the case, the extent of injuries, the number of parties involved, and whether it settles or goes to trial. Some cases can resolve in months, while others may take several years. The process involves investigation, negotiation, and potentially litigation in the Superior Court of California, County of Los Angeles.
A catastrophic injury can turn your life upside down. While you focus on healing, let Casa Legal Los Angeles handle the legal fight for your rights. Call us today at 888-585-2529 for a free consultation. No attorney's fees or case costs unless we win.