Few events in life can be as scary and overwhelming as a devastating personal injury. The burden of recovery goes far beyond the physical and emotional toll. Medical bills can quickly pile up, and if your injuries have forced you to miss work, you can quickly find yourself in significant financial distress. Fortunately, if you've been injured due to the negligence of someone else, you could be eligible for compensation that would not only cover the cost of your medical bills but potentially compensate you for any additional pain and suffering you may have endured.
At Clavel Law, I’m proud to represent individuals and families who have been victimized by the negligent actions of others. Whether you've been in a devastating car accident, a dangerous slip and fall, or any other injury-related instance, I'm prepared to help you pursue justice.
California negligence laws do require the plaintiff to demonstrate a number of different elements if they intend to prove that the party that caused the accident acted negligently. It's important to have an experienced personal injury attorney working for you to maximize your chances at recovering compensation for your injuries.
How to Prove Negligence
California, like many other states, has certain criteria that must be met for a plaintiff to prove that the party that caused the accident acted negligently. When arguing their case, the plaintiff must be able to demonstrate the following elements:
The defendant had a duty to either commit or refrain from committing a specific act
The defendant breached this duty
The defendant's breach of duty directly caused the injuries sustained by the plaintiff
The defendant should have reasonably foreseen the danger of their actions (or lack of action)
The plaintiff suffered actual damages as a result
Proving all of these details can be difficult when you’re pursuing a claim on your own. Having an experienced personal injury attorney on your side can help you prove these variables in court, which can dramatically improve your chances of winning your case.
California's Statute of Limitations & Comparative Negligence Laws
One of the most important things to consider when contemplating an injury lawsuit is the state's statute of limitations. For anyone contemplating a personal injury lawsuit, the statute of limitations in California has been set at two years from the date of the accident, or the date the injury was discovered. If this two-year window has passed, it’s unlikely that any court will consider your injury claim and you’ll lose the opportunity to pursue any compensation
California comparative negligence laws determine how compensation will be paid when two parties share responsibility for causing an accident. For example, if you were in a car accident and the jury finds you were 10% at fault for the accident because you were speeding when the accident occurred, your overall compensation will be reduced by 10%. This reduction is intended to account for your level of fault. Ultimately, this means that if you're awarded $100,000 in compensation for your injuries, you will only be entitled to receive $90,000.
Compassionate Legal Services in Chino Hills
At the end of the day, there are a lot of legal complexities involved with the process of filing an injury claim. Don't face these legal challenges alone. I can guide you through the process and make sure your case is handled swiftly and professionally, allowing you to focus on what matters most — getting better. If you or someone you know has been injured in an accident, reach out today and schedule a free case consultation.
PERSONAL INJURY ATTORNEY SERVING CHINO HILLS AND SAN DIEGO, CALIFORNIA
If you’ve been injured in an accident due to the negligent actions of another, you shouldn’t have to bear the burden of recovery on your own. You could be entitled to compensation that can cover your medical expenses. At Clavel Law, I fight for personal injury victims to help them get the justice they deserve. Call for a free case consultation today.