I help those unfairly harmed by others.
Personal injuries occur all too often. Unfortunately, many of these events may have been preventable. California has laws in place to protect the injured and hold those accountable if it was due to someone else’s negligence. Most importantly, one should get the necessary medical treatment to recover and also receive the maximum entitled compensation as these injuries can be traumatic, painful and financially costly.
If you’ve suffered a personal injury due to someone else’s negligence, you have the right to proper care and fair compensation.
Car Accidents
Car accidents are a common cause of personal injury. No matter what speed was involved, whether the accident happened at a high speed or low, serious injuries can occur and tragically, even death. The injuries can appear right away or it may not appear until a later time.
At The Chong Firm, our goal is to get you the proper medical treatment, aim for the maximum compensation entitled, and lift the burden of the whole claims process.
Common Causes of Car Accidents in California
California’s busy highways and streets can be dangerous. Some of the most common causes of car accidents include:
- Distracted driving (e.g., texting or using a phone)
- Speeding or reckless driving
- Driving under the influence (DUI)
- Running red lights or stop signs
- Unsafe lane changes
- Tailgating (following too closely)
- Fatigued driving
- Poor road conditions or mechanical failures
What Should You Do After a Car Accident in California?
- Get Medical Attention: Even if injuries aren’t immediately obvious, you should be seeking medical attention right away. Injuries can appear afterwards and it is best to get checked by a healthcare professional. Delaying medical care could not only worsen your condition but also negatively affect any insurance or legal claim you may pursue later. A medical record created shortly after the incident can serve as critical evidence to link your injuries to the accident.
- Call Law Enforcement: File a police report, especially if injuries or significant property damage occurred.
- Gather Evidence: Take photos of the scene, your vehicle, other vehicles, and visible injuries.
- Exchange Information: Get insurance and contact info from the other driver(s) and any witnesses.
- Contact a Personal Injury Lawyer: Before speaking to the other driver’s insurance company, talk to an experienced attorney.
California’s Fault-Based System
California is a fault-based state, meaning the driver who caused the accident (or their insurance company) is responsible for paying damages. You must prove the other driver’s negligence caused the crash and your injuries.
To win a car accident claim, you must show:
- The other driver owed you a duty of care (to drive safely)
- They breached that duty through negligent behavior
- Their actions directly caused your injuries and damages
Compensation You May Be Entitled To
Depending on your case, you may be eligible for compensation such as:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage (e.g., your vehicle)
- Emotional distress
- Loss of enjoyment of life
In severe cases, you may also be entitled to punitive damages if the other driver acted with extreme recklessness, such as driving under the influence.
Time Limits: The California Statute of Limitations
You generally have 2 years from the date of the accident to file a personal injury lawsuit in California (California Code of Civil Procedure §335.1) but claims against government entities require filing a claim within 6 months (Gov. Code §911.2).
For property damage-only claims, you have 3 years to file.
Missing these deadlines could mean losing your right to compensation.
Truck Accidents
Truck accident cases can be complex due to the higher safety regulations they are held to. Semi-trucks, 18-wheelers, tractor-trailers, whatever type of large trucks may be, they all have massive weight and size, and when you add the loaded weight onto these trucks, any type of accident involved can be devastating and destructive.
California has one of the highest death and injuries from truck accidents due to the high population and the traffic it brings. There can be many different factors to a truck accident being caused and it must be proven there was negligence to be fairly compensated. In some cases, strict liability can apply:
Negligence: California follows negligence laws, which means the injured party (plaintiff) must prove the truck driver or another party acted negligently and caused the accident. This involves proving four elements:
- Duty of Care: The trucker owed a duty to act safely, following traffic laws and driving with reasonable caution.
- Breach of Duty: The trucker breached this duty by acting negligently, like speeding, driving under the influence, or failing to maintain the vehicle.
- Causation: The breach of duty directly caused the accident.
- Damages: The plaintiff suffered damages from the accident, such as injuries, medical bills, or lost wages.
Strict Liability: In some cases, strict liability can apply. This means a party can be held liable for a defective product causing the accident, regardless of negligence. This could apply to:
- Faulty Truck Parts: A malfunctioning brake system or a defective tire on the truck could be grounds for strict liability against the manufacturer or maintenance company.
- Improperly Secured Cargo: If cargo falls off the truck due to improper loading and causes an accident, the loading company could be strictly liable.
If the truck driver’s negligence caused the accident, they are liable for damages. Not only are they liable for the accident, but the trucking company may also very well be liable for the truck driver’s actions. Depending on the cause, other parties could also be liable, such as a parts manufacturer for a defective part or a company that loaded the cargo unsafely.
It is crucial to consult with a personal injury lawyer in California to understand your specific situation as every case is different.
Motorcycle Accidents
Motorcycle accidents often result in catastrophic injuries due to the limited protection a motorcycle offers compared to a car. Even a minor collision can lead to serious or life-threatening injuries.
At The Chong Firm, we fight for injured motorcyclists to obtain the full compensation they deserve.
Common Causes of Motorcycle Accidents in California:
- Drivers failing to yield the right of way
- Unsafe lane changes and merging
- Distracted or inattentive driving
- Speeding or reckless driving
- Opening car doors into traffic (“dooring” accidents)
- Poor road conditions or debris
Common Motorcycle Accident Injuries:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Road rash and severe skin lacerations
- Internal organ damage
California Motorcycle Laws: Motorcyclists in California are required to wear helmets (Vehicle Code §27803) and must comply with traffic laws applicable to all vehicles. Lane splitting is legal, but drivers must still exercise reasonable care when sharing lanes with motorcycles.
Motorcyclists Face Unfair Bias: Unfortunately, insurance companies often try to blame motorcyclists for accidents, even when the other party is clearly at fault. At The Chong Firm, we work to overcome these biases and build strong cases based on evidence, medical records, and expert testimony.
Damages You May Recover:
- Medical expenses (current and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Property damage to your motorcycle
- Punitive damages in cases of egregious conduct
Protect Your Rights After a Motorcycle Accident: Prompt investigation and medical documentation are critical in motorcycle accident claims. Our team will handle all communications with insurance companies and fight aggressively to secure the compensation you are entitled to.
If you or a loved one has been injured in a motorcycle accident, contact The Chong Firm for a free consultation. We are ready to fight for you.
Premises Liability Accidents
Premises liability law in California holds property owners (both private and public) responsible for injuries sustained by visitors and guests due to hazardous conditions on their property. This may include:
- Slip and fall accidents
- Swimming pool accidents
- Accidents stemming from sidewalk, parking lot, or road hazards
- Physical or sexual assault
- Construction accidents
- Rental property accidents caused by unsafe condition
- Dog bites or any other animal attacks
Property owners (landlords, business owners, etc.) have a duty of care to maintain their premises in a reasonably safe condition for foreseeable visitors. This includes:
- Repairing known hazards such as broken steps,
- Warning visitors of hidden dangers
- Taking reasonable steps to prevent foreseeable criminal activity such as inadequate security
Visitor Classification:
The type of visitor (invitee, licensee, trespasser) affects the owner’s duty of care:
Invitees: People invited onto the property for the owner’s benefit (e.g., customers in a store). Owners owe the highest duty of care, including reasonable inspections for hazards.
Licensees: People lawfully on the property with permission but not for the owner’s benefit (e.g., social guests). Owners have a duty to warn of known dangers but may not have to inspect for hidden ones.
Trespassers: People on the property without permission. Owners generally owe no duty of care except to avoid intentionally or recklessly harming them.
To win a premises liability case, the injured person (plaintiff) must prove four elements:
- The defendant owned, leased, or controlled the property.
- The plaintiff was an invitee or licensee on the property. (Trespassers may have a case in limited circumstances)
- A dangerous condition existed on the property.
- The defendant knew or should have known about the condition and failed to take reasonable steps to fix it or warn about it.
If successful, the plaintiff can recover compensation for medical bills, any lost wages, pain and suffering, and property damage.
The Statute of Limitations in California is two years from the date of the accident for filing a premises liability lawsuit.
There can also be a Shared Fault where the plaintiff’s own negligence might reduce their compensation if they contributed to the accident. If you’ve been injured on someone else’s property, it is best to consult with a lawyer.
Medical Malpractice
Medical malpractice occurs when a healthcare provider deviates from the expected standard of care, causing harm to the patient. This can involve doctors, nurses, hospitals, or other healthcare professionals.
Dog Bite Injuries
Dog bites can cause severe physical injuries and emotional trauma, especially in children. Under California law, dog owners are held strictly liable for injuries caused by their dogs, even if the dog has never bitten anyone before.
At The Chong Firm, we help victims of dog attacks recover the compensation they need to heal and move forward.
California’s Dog Bite Law (Civil Code §3342):
- A dog owner is legally responsible if their dog bites someone, regardless of whether the dog has shown previous aggression.
- The bite must occur in a public place or lawfully in a private place (such as the victim being invited onto the owner’s property).
Common Injuries from Dog Bites:
- Deep puncture wounds
- Severe lacerations and disfigurement
- Nerve damage
- Infections (including rabies and MRSA)
- Emotional distress and PTSD, especially in children
What to Do After a Dog Bite:
- Seek immediate medical attention.
- Report the bite to local animal control authorities.
- Document your injuries and the scene with photographs.
- Obtain information about the dog’s owner and vaccination history.
- Consult an attorney before speaking with insurance adjusters.
Damages Available to Dog Bite Victims:
- Medical expenses (including reconstructive surgery)
- Lost wages if the injury affects your ability to work
- Pain and suffering
- Psychological counseling costs
- Permanent scarring or disfigurement compensation
Landlord Liability for Dog Bites: In certain cases, a landlord may also be held liable if they knew a dangerous dog was on the property and failed to take reasonable action.
At The Chong Firm, we understand the physical and emotional toll a dog attack can cause. We will pursue every avenue to hold negligent dog owners accountable and maximize your recovery.
If you or a loved one has suffered a dog bite injury, contact us today for a free case evaluation.
Traumatic Brain Injuries (TBI)
A Traumatic Brain Injury (TBI) is an injury to the brain caused by an external force, which can result in temporary or permanent impairment of cognitive, physical, and psychosocial functions. This can be from a motor vehicle accident, assault, sports injury, or even a simple slip and fall (especially in older adults and young children).
Symptoms
Symptoms of TBI can vary widely depending on the severity and location of the injury. They are generally categorized into three types: MILD, MODERATE, and Severe:
Mild TBI (Concussion) can include:
- Headache
- Confusion
- Dizziness
- Blurred vision
- Nausea
- Temporary loss of consciousness
Moderate TBI can include:
- Persistent headache
- Repeated vomiting
- Convulsions or seizures
- Inability to awaken from sleep
- Slurred speech
- Weakness or numbness in limbs
- Loss of coordination
Severe TBI may include:
- Prolonged unconsciousness
- Coma
- Profound confusion
- Agitation
- Unusual behavior
- Severe cognitive impairments
Diagnosis will include:
Medical Evaluation: Diagnosis typically involves a thorough medical history and physical examination.
Imaging Tests: CT scans and MRIs are commonly used to detect brain injuries.
Neuropsychological Testing: Evaluations by neuropsychologists to assess cognitive and psychological impacts.
Treatments can include:
Immediate Medical Care: Immediate treatment often involves stabilizing the patient and preventing further injury.
Surgical Interventions: In severe cases, surgery may be necessary to repair skull fractures, remove hematomas, or relieve pressure on the brain.
Rehabilitation:
- Physical Therapy: To restore movement and strength.
- Occupational Therapy: To help with daily activities and work skills.
- Speech Therapy: To address communication issues.
- Cognitive Rehabilitation: To improve memory, attention, and problem-solving skills.
Medications: To manage symptoms such as pain, seizures, or spasticity.
Individuals who suffer a TBI due to someone else’s negligence (e.g., car accidents, workplace injuries) may be entitled to compensation for medical expenses, lost wages, and pain and suffering.
If you’ve suffered a severe head injury due to someone else’s negligence, let The Chong Firm help you get the maximum compensation for your injuries. Call us for a free consultation.
Catastrophic Injuries
A catastrophic injury is any severe injury that significantly and permanently alters a person’s life. Some examples include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries leading to paralysis
- Severe burns
- Amputations
- Multiple fractures
- Organ damage
- Vision or hearing loss
Victims can file personal injury lawsuits to seek compensation from the party responsible for their injuries. These are injuries you are not expected to fully recover from, leaving you with permanent disability, significant loss of function, or substantial disfigurement. There are also long-term considerations that will need to be addressed.
Wrongful Deaths
Losing a loved one due to someone else’s negligence or wrongdoing is one of the most devastating experiences a family can endure. No amount of compensation can ever truly make up for the emotional pain, but holding the responsible party accountable can provide a sense of justice and help ease the financial burdens that arise after such a tragic loss.
At The Chong Firm, we offer compassionate guidance and aggressive legal representation for families facing the heartbreak of a wrongful death.
What Is Wrongful Death?
Wrongful death occurs when a person’s death is caused by the negligence, recklessness, or intentional act of another party. These cases often arise from:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Criminal acts such as assault or DUI
Wrongful death claims are civil lawsuits and are separate from any criminal proceedings. Even if a defendant is not convicted of a crime, they can still be held liable in a civil wrongful death lawsuit.
Who Can File a Wrongful Death Lawsuit in California?
Under California law (Code of Civil Procedure §377.60), the following individuals may have the right to file:
- The deceased person’s surviving spouse or domestic partner
- The deceased’s children
- If none survive, anyone who would be entitled to inherit under California’s intestate succession laws (such as parents or siblings)
Damages Recoverable in a Wrongful Death Case
While no amount of money can replace a loved one, a successful wrongful death lawsuit can help ease the financial and emotional hardships. Compensation may include:
- Funeral and burial expenses
- Loss of the deceased’s financial support
- Loss of household services
- Loss of companionship, care, and affection
- Emotional distress for surviving family members
In some cases involving egregious misconduct, punitive damages may also be awarded to punish the wrongdoer and deter similar behavior.
Time Limits to File
California’s statute of limitations generally requires wrongful death claims to be filed within two years of the date of death (California Code of Civil Procedure §335.1). However, if the case involves a government entity, a government claim must first be filed within six months (Gov. Code §911.2). Acting quickly is crucial to preserving your rights.
We’re Here to Support You
At The Chong Firm, we understand that wrongful death cases are about much more than financial compensation — they are about accountability, justice, and closure. Our experienced attorneys will handle every aspect of your case with compassion and dedication, allowing you to focus on healing while we fight for the justice your family deserves.
If you have lost a parent, child, spouse, or loved one due to someone else’s actions, contact The Chong Firm today for a free and confidential consultation.
PROTECT AND PRESERVE
Your lawyers at the Chong Firm fearlessly fight to protect your rights and preserve your freedom, every step of the way.
- Ready to Fight
- Driven to Serve
- Proven Results
Attorney Jason J. Chong is licensed to practice law in all state courts in California, all federal district courts for the 9th circuit court of appeals, the Commonwealth of Massachusetts and the District of Columbia.
Attorney Chong has successfully tried many cases as both a criminal defense attorney and prosecutor. He knows what it takes to get the best results for your individual case, from all sides.
Feel Free to Contact Us
With Any Question
A. It’s common for family or friends to reach out on behalf of loved ones who are confronted with criminal charges. At Jason J. Chong Law Firm, we welcome you to contact us for a free consultation to help you understand potential courses of action, and we can take the lead on building a strong case if your loved one decides to retain our services.
A. If you were injured as a result of someone else’s negligence, you may be eligible to receive compensation for the following damages:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- And property damages
*If you have lost a loved one, you may also be eligible to receive compensation for loss of consortium. In some extreme cases, you may also be able to receive compensation for punitive damages (damages intended to punish the responsible party for gross negligence).
A. In general, an insurance adjuster will calculate the amount of compensation they believe you deserve based on the out-of-pocket expenses your injury required you to pay. They will then multiply that dollar amount by a certain number based on how extreme they believe your injuries were, in order to determine what compensation you deserve for any non-monetary damages (i.e. pain and suffering).
However, insurance companies will often try to pay you less than the amount you deserve. In order to ensure you are being offered a fair settlement, you should always consult with a professional California personal injury lawyer.