Proving Negligence in a Personal Injury Case
If you were injured in an accident that was caused by another person, you may be eligible to receive financial compensation for your harms. In the State of California, when an accident is caused as a result of negligence, the responsible party can be held accountable for the victim’s damages.
In order to recover compensation after an accident in California, you will need to demonstrate the following:
- That the person you are accusing owed you a duty of care;
- That the person you are accusing breached said duty through negligence; and
- That the negligence committed played a significant role in causing the injury.
Negligence in California is defined as having the failure to use a reasonable sense of care to circumvent injury to oneself or to other people. A person can be found negligent if he or she has acted or failed to act in a manner that a reasonable person would have acted given the same situation.
Ultimately, the jury will make their decision based on what a reasonable person would do in a similar situation and under similar circumstances.
Duty of Care
Based on California’s personal injury laws, people can sometimes owe a duty of care to other individuals. For instance, motorists have a duty to abide by traffic laws in order to avoid an accident. In a different example, the apartment complex manager has a duty to reasonably ensure the premises is free from potential hazards.
Whether the duty of care is actually owed and the degree to which it is owed will depend on the specific facts of each individual case.
How Your Case Could Be Challenged
There are a number of ways a person accused of causing an accident may attempt to deflect responsibility. The following:
- The accused individual states that he or she owed no duty of care to the victim;
- The accused individual is attempting to deflect responsibility by stating that the victim was completely or partially responsible for the accident; or
- The accused individual states that the victim assumed the risk of injury because the activity he or she engaged in was inherently dangerous.
Speak to a Qualified Personal Injury Attorney
After suffering an injury in an accident, you might face mounting medical expenses and you might also be left without the inability to return to work while you recover. Depending on the severity of your injury, it can take a very long time to recover. In extreme cases, some victims face having to adapt to a new lifestyle after suffering permanent injuries.
When the accident was caused as a result of another’s carelessness, you have the legal right to pursue legal action against the perpetrator to obtain financial compensation. Speak to a qualified personal injury attorney who will analyze your case and explain your legal options.
At Milligan, Beswick, Levine & Knox, LLP, helping victims recover damages following an accident is of greatest importance. The firm understands that following a negligent accident, the injured individual is rarely the only victim in the case. In fact, the victim’s family will also be burdened in many different ways. Following your accident, speak to an attorney who will investigate your case and help you obtain the compensation you deserve. Consider contacting the Milligan, Beswick, Levine & Knox, LLP law firm today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.