In personal injury lawsuits, proving negligence is an important aspect. As the plaintiff, you must show that somebody else’s negligence caused your injury and damage. You must hire an attorney at brianazemikalaw.com to navigate such a complex legal landscape with you. Your attorney will help you collect evidence, build a strong case, and seek the compensation you deserve. Read on to learn how to prove negligence in your case and protect your rights.
Negligence in California Law
Negligence occurs if a party fails to exercise reasonable care, leading to injury or harm to another party. In personal injury cases, proving negligence involves establishing the following elements:
- Duty of care. You need to demonstrate that the other party owed you a duty of care. Thus, the defendant was legally obliged to act responsibly, so they do not cause harm to other people.
- Breach of duty. You should show that the other party breached their duty of care. This means showing the actions or inactions of the defendant departed from what a reasonable individual would have done in the same situation.
- Causation. You must establish a causal link between your injuries and the defendant’s breach of duty. Thus, you should show the actions of the defendant directly resulted in your injuries.
- Damages. You should show that you sustained actual damages because of the negligence of the defendant. Such damages can be economic or non-economic.
Understanding California’s Comparative Negligence Doctrine
In California, even if you are partially responsible for the accident that leads to your injuries, you can still recover damages. But the compensation you get will be decreased based on your percentage of fault. For instance, if a jury or judge finds you 20% at fault for the accident, your compensation will be 20% less.
Statute of Limitations
Personal injury claims in California are subject to a legal deadline or statute of limitations for filing a lawsuit. In general, a personal injury claim can be filed two years from the injury date. Failing to file within such a timeframe can result in you being barred from seeking compensation.
Why You Need Legal Representation
Personal injury cases have complexities that are hard to navigate. These include proving negligence. Seeking the assistance of a skilled personal injury lawyer can make a difference in your case’s outcome. A skilled attorney will thoroughly investigate your claim, collect, evidence, and establish a solid case for you. Also, they handle talks and negotiations with insurance companies, ensuring you secure maximum compensation for your injuries and losses.