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.