If you or a loved one was injured by no fault of your own, the California personal injury attorneys at Shouse Law Group will fight for the accident settlement you deserve so that you can get what you need to focus on the most important thing – recovery.
Contact us today for a free consultation by phone at 1-877-466-7750 . No upfront cost or fees and we receive nothing until we win or settle your case.
Led by Harvard Law School graduate Neil Shouse, the personal injury attorneys at Shouse Law Group have helped plaintiffs recover millions of dollars in damages, and can help you get what you deserve.
California law allows victims of wrongful acts to recover money for both physical and emotional injuries. This can include compensatory damages for out-of-pocket losses such as
- lost wages,
- medical bills, and
- “non-economic” damages such as pain and suffering.
Every case is different. That’s why we examine all the evidence to put together the most compelling case possible to present to the responsible party or insurance company or, when necessary, the jury.
If you or someone you know has been injured by someone else’s negligence, recklessness, or intentional wrongful act, we invite you to call our experienced California personal injury lawyers. We offer free consultations and take no money unless and until we settle or win your case.
- 1. Types of California personal injury cases we handle
- 2. What personal injury damages can I recover in California?
- 3. Our case results
- 4. No upfront fees or costs
- 5. Can Shouse Law Group help me get medical care?
- 6. Frequently asked questions
For a comprehensive list of topics, please browse our A-Z personal injury library.
One common type of injury lawsuit is for construction/work site accidents
1. Types of California personal injury cases we handle
If you have been injured by another person or a company, our experienced California courtroom lawyers may be able to help you. Some of the types of cases we handle include:
- Amputations,
- Amusement park/roller coaster accidents,
- Back injuries,
- Battery explosions,
- Bicycle accidents,
- Birth injuries,
- Boating accidents,
- Brain injuries (including traumatic brain injuries),
- Broken bones,
- Burns,
- Bus/transit accidents,
- Car accidents,
- Catastrophic injuries (including spine and brain injuries),
- Child accidents,
- Commercial vehicle accidents,
- Construction accidents,
- Cruise ship accidents,
- Dangerous products,
- Dog bites/animal attacks,
- Drowning accident lawsuits,
- Electric scooter injury lawsuits,
- Fitness center and gym accidents,
- Food poisoning,
- Garage door injury lawsuit,
- Head injuries (including concussions),
- Hernia mesh lawsuits,
- Horseback riding accidents,
- Lacerations/cuts,
- Medical malpractice,
- Motor vehicle accidents/collisions,
- Motorcycle accidents,
- Neck injuries,
- Negligent security,
- Orthopedic injuries,
- Paragard IUD lawsuits,
- Pedestrian accidents,
- Philips CPAP lawsuits,
- Plane accidents,
- Premises liability,
- Product Liability,
- Sexual assault/abuse,
- Slip-and-fall accidents,
- Spinal injuries (paraplegia/quadriplegia),
- Swimming pool injuries,
- Toxic chemicals (such as mesothelioma-causing benzene and asbestos)
- Train accidents,
- Truck accidents,
- Uber accidents,
- Valsartan lawsuits,
- Whiplash,
- Workplace injuries/workers compensation,
- Wrongful death, and
- Zantac lawsuits.
Note that the only people who may bring a wrongful death lawsuit are the “decedent’s intestate heirs,” such as the surviving spouse or domestic partner, child, or parent.
2. What personal injury damages can I recover in California?
California personal injury law permits recovery for many types of damages, including (without limitation):
- Injury to reputation,1
- Lost earning capacity,2
- Long-term care,
- Lost wages,3
- Medical bills,4
- Negligent infliction of emotional distress,5
- Pain and suffering,6
- Physical or occupational therapy,
- Punitive damages,7
- Scarring or disfigurement, and
- Wrongful death.8
Note that “specific damages” or “economic damages” refers to damages that can be easily calculated, such as medical bills and property damage.
Meanwhile, “general damages” or “non-economic damages” refers to difficult-to-evaluate injuries, such as pain and suffering.
Also note that California law imposes the following damages caps:
- Uninsured drivers involved in a car accident cannot recover non-economic damages at all;9
- Starting in 2023, medical malpractice victims can recover up to $350,000 in non-economic damages from the at-fault healthcare worker in non-fatal cases. In fatal cases, the non-economic damages cap is $500,000. (These caps increase each year).10
Our attorneys will work diligently to get the compensation you deserve.
3. Our case results
Our recent achievements include a number of multi-million dollar settlements on behalf of our clients.
But whether you have a small case or a large one, our lawyers and experts will review all the evidence and interview witnesses to make sure you get the most from insurance adjusters and opposing lawyers.
Unlike some firms, we are not afraid to take cases to trial in front of a jury.
Our practice is headed by California trial lawyers
- Neil Shouse and
- Michael Scaffidi.
Together they have tried over 100 cases with an impressive success rate.
Neil Shouse is a Harvard Law School graduate who has been a litigator with some of the nation’s top law firms — including
- global law firm Sidley Austin LLP and
- the Los Angeles County District Attorney’s office as a deputy district attorney.
Michael Scaffidi is a former police officer and Avvo 5-star rated lawyer who handles both civil and criminal/DUI matters throughout Southern California. Thanks to his background as a police sergeant and a private investigator, he is particularly skilled at handling cases involving such practice areas as
- anything requiring the use of technical or medical experts,
- catastrophic injuries,
- vehicle accidents, and
- wrongful death.
Neil and Michael oversee a team of knowledgeable lawyers, investigators, medical professionals, paralegals, and legal assistants with years of experience and who will make sure that you and your case get the attention you need.
4. No upfront fees or costs
Unlike some firms, we charge clients no upfront costs or fees. We do not receive a dime unless and until you settle your claim or win at trial. Our legal team operates by contingency fee.
While we will fight to get you the biggest settlement possible we will never pressure you to settle your claim quickly just to make a quick buck. With years of courtroom experience, we are not afraid to take a good case to trial in front of a jury.
If you have been injured in California and you think someone else might be to blame, we invite you to call us to discuss your case at no cost with a caring California personal injury attorney.
5. Can Shouse Law Group help me get medical care?
Our lawyers work with a network of caring doctors, chiropractors and therapists willing to provide medical treatment to our clients on a medical lien basis in California. That means that you owe them nothing for medical expenses – even for serious injuries – unless and until you settle or win your personal injury lawsuit.
However you find your medical professionals, we will work closely with them to make sure your injuries are properly documented. This will help
- avoid delays and
- make sure you are fully and quickly compensated for ALL your losses.
6. Frequently asked questions
6.1. I was just in an accident. What do I do?
If you are injured in an auto accident or another incident, get medical help right away. Then call an attorney as soon as possible.
An attorney can take the case from there so you can concentrate on healing. An attorney can also connect you with medical providers that work on a lien basis.
If it was a car accident, the attorney can walk you through your legal obligations. These may include exchanging information with the other driver, reporting the accident, and filing an insurance claim.
If possible, document the accident. Take photos or videos of the injuries and the aftermath. Write down all your recollections. Preserving evidence is crucial to maximizing your settlement.
Most importantly, do not admit fault to anyone. Do not even say, “I’m sorry.” These statements could be used against you.
6.2. How long do I have to sue?
You usually have a two year statute of limitations after the injury to sue. Though if the defendant in your case is a public entity – such as the city of Los Angeles – the statute of limitations may be only 180 days.
Or if the defendant is involved in a criminal case related to the accident, the civil statute of limitations does not begin running until the criminal case is resolved. (You can still win the civil case even if the defendant wins the criminal case.)
The statute of limitations in wrongful death cases does not begin running until the victim dies. The deadline to sue in medical malpractice cases can be one year or three years depending on the case, and special rules apply whenever the victim is a child.
Finally, the “statute of repose” to bring a strict liability claim for a dangerous product can be as much as ten years.
Therefore, you should seek legal counsel immediately to discuss your legal rights. This gives your attorney more time to gather evidence and prepare a strong case before the statute of limitations passes.11
6.3. Whom do I sue?
Depending on your case, you may have causes of action against one or more of the following parties:
- employers
- government agencies
- marketers
- product designers
- property managers
- product manufacturers
- property owners
- vehicle owners
- vehicle drivers
- repair services
- retailers
- shippers
- the local government
6.4 What do I need to prove to recover damages?
When a personal injury case goes to trial, you usually have the burden to prove “by a preponderance of the evidence” that the defendant is liable. In other words, that it is more likely than not that the defendant is responsible for your injuries.12
Therefore, attorneys work to compile all the evidence available. This may include:
- Accident reconstruction expert testimony
- Deposition testimony
- Expert medical testimony
- Eyewitness testimony
- Photographs
- Medical records
- Video surveillance footage
- Written or recorded communications (emails, texts, phone calls)
Certain cases require very specific evidence. For example, trucking accident lawsuits typically involve
- the truck’s black box
- compliance reports
- logs that show the driver’s hours of service and drug/alcohol test results
- records regarding cargo-loading, fleet maintenance, and other procedures regulated by the Federal Motor Carrier Safety Administration (FMCSA).
If you can produce enough evidence, the defendant’s attorney may be willing to settle without a trial.
6.5. What are my legal claims?
After an accident, we would bring a negligence claim against the defendant. In order to prevail on a negligence claim, we would have to show that:
- The defendant owed you a legal duty of care;
- The defendant breached this duty;
- This breach caused your injuries; and
- Your injuries resulted in damages.
In negligence cases involving premises liability (such as slip and falls), the defendant’s legal duty of care depends on which of these three categories you fall into:
- Trespasser. Since you are on the property illegally, the defendant’s only duty is that they cannot intentionally harm you.
- Licensee. This includes social guests and other people who are lawfully on the property for their own reasons, such as utility workers and salespeople. Here, the defendant’s duty is to repair any defects on the property and to warn you about them.
- Invitee. These are people invited onto the property for the owner’s own benefit, such as customers. Here, the defendant owes you the duty to inspect the property for defects, to repair them, and to warn you about them.13
Meanwhile, in cases involving toxic or defective products, we would bring a strict liability claim alleging:
- defective design;
- failure to warn; and/or
- manufacturing defects
With strict liability, you need to show that the defective product injured you even though you used it in a way that was reasonably foreseeable by the manufacturer.14
6.6. What if I was partly to blame?
California follows pure comparative fault rules, meaning that you can still recover damages for your accident injuries even if you were partly at fault. Your damages would just be reduced in proportion to your degree of fault.15
So if you suffered $50,000 worth of damages – and the court finds you 10% at fault – you could still recover $45,000.
6.7. Will my case settle or go to trial?
The vast majority of cases settle. That way, you get some money and avoid a possible loss at trial.
Though sometimes it makes sense to press for trial. If successful, you stand to recover hefty punitive damages.
An attorney can help you decide whether a trial is worth the risks.
6.8. How long does it take to reach a settlement?
It depends on the case. Insurance defense law firms like to drag out negotiations since they get paid by the hour. Meanwhile, personal injury attorneys work as fast as we can to secure the largest settlement possible.
Some insurance defense firms try to make cases “go away” by proposing an offer upfront, but these offers are usually far less than what you are entitled to. Good personal injury attorneys never accept a subpar settlement just to get a case over with.
So while we work as quickly as possible, we take as long as necessary to maximize your payday.
See our page on the average time it takes to settle a personal injury case.
6.9. Do I need an attorney?
It is highly recommended to have legal representation for your personal injury claim and to handle all the claims paperwork.
Insurance defense firms have one purpose: To pay you nothing.
Therefore, insurance defense firms want you to have no lawyer. That way, they can
- take advantage of your lack of legal experience and
- try to win the case on a technicality that only an attorney knows how to fight.
Also, insurance defense firms bill by the hour. Therefore, they have nothing to lose by throwing constant procedural hurdles in your way.
But experienced personal injury attorneys are undaunted by these stalling and scare tactics. Insurance defense firms know this. So when you are lawyered up, the other side is far more likely to agree to a large settlement and much more quickly.
Injured in California? Contact us for help…
Call our law offices for a free case evaluation on accident cases.
If you or a loved one has been injured by someone else’s wrongful actions in California, we invite you to contact our accident attorneys 24/7 for a free consultation and legal advice.
Call our personal injury law firm to discuss your case with a caring, knowledgeable lawyer. Or fill out the form on this page and a lawyer will contact you at a convenient time.
The clock is ticking on your right to sue, so don’t wait. Call us today to get the maximum compensation you need and the justice you deserve.
Our accident lawyers serve clients throughout the state of California, including Los Angeles, Orange County, Riverside, Fresno, San Francisco, San Diego, Ventura, Bakersfield, and more.
And if you have been injured in Nevada, contact the Nevada injury lawyers at the Las Vegas Defense Group.
Legal References
- California Civil Jury Instructions (CACI) 1700.
- CACI 3903C.
- Same.
- See California Health and Safety Code Sections 127400 – 127446 — Hospital Fair Pricing Policies.
- CACI 1620.
- California Civil Code 3333.2.
- CACI 3947. See, for example, Adams v. Murakami (1991) 54 Cal.3d. 105.
- CACI 3921. See, for example, Allen v. Toledo (1980) 109 Cal.App.3d 415.
- Proposition 213.
- Medical Injury Compensation Reform Act. Assembly Bill 35 (2022) (Prior to 2023, the non-economic damages cap in med-mal cases was $250,000).
- California Code of Civil Procedure 335.1. California CCP 337.15. California CCP 340.5.
- See, for example, State Farm Mutual automobile Ins. Co. v. Huff (, 2013) .
- Hoffman v. Young (2022) .
- See, for example, Pannu v. Land Rover North America, Inc. (Court of Appeals of California, Second Appellate District, Division Seven, 2011) 191 Cal. App. 4th 1298.
- See, for example, B.B. v. County of Los Angeles (2020) 10 Cal. 5th. 1.