Understanding Negligence in a Personal Injury Claim
If you are seeking to file a personal injury claim in the State of California, you will need to prove that the at-fault party was negligent in causing the accident where you suffered injuries. Negligence refers to an action or inaction by the defendant who owes a duty of care to the victim.
A duty of care will depend on the relationship between the people involved. It is important to know that a relationship between two parties can exist between individuals who donDetermining If You Have a Claim’t know each other.
Determining If You Have a Claim
The State of California, there are five essential elements that will need to be demonstrated in order to demonstrate negligence. These are:
- The accused has a duty to act in a specific way.
- The accused breached his or her duty of care.
- The breach of duty was the cause of the victim’s injuries.
- The accused should have foreseen the probability that a person would be injured by his or her action or inaction.
- The victim’s injuries resulted in damages, such as costs of medical treatments, a loss of wages, emotional distress, etc.
California’s Comparative Fault Law
It is fair to say that not all accidents are one-sided. A victim can sometimes bear some responsibility for sustaining an injury. Even if a defendant did not exercise reasonable care, a victim that could have avoided his or her injury could see the effects on the amount of damages he or she could recover, here’s how:
California’s Pure Comparative Negligence Law – Comparative fault holds the victim as well as the defendant liable for the degree of damages their actions or inactions caused. The courts will subtract the victim’s percentage of negligence from the restitution award.
In some states, a victim can be found 99% liable for causing his or her injuries and still recover financial restitution. In other states, a victim cannot be more than 49-51% liable, or else he or she will lose the right to compensation. The State of California follows the Pure Comparative Fault Rule, which will allow a victim to recover even when found to be 99% at fault for the accident.
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Mr. King helped us cope with an injury caused by an auto accident. Throughout the process he showed great integrity, intelligence, wisdom, and the right amount of aggressiveness to get the job done. He conducted himself as a real gentlemen. Finally, he was easy to stay in contact with, was not handing us over to assistants or lower-level attorneys to keep us out of his hair. You dealt with him personally the whole way through, and he was honest about what he thought was reasonable and realistic, and what was a strategy that science and medicine could support. (We have science/medicine backgrounds.) We came out of the process with an excellent outcome so that we could try to keep our lives on the same path as before the injuries, and he always tried to reduce the stress by reaching out to us along the way. We are very pleased that we selected Mr. King and recommend him most highly!
Justin isn't just an attorney he's a great guy who is responsive, intelligent, compassionate and will fight for his clients! I was so lucky to find this amazing attorney and would recommend him to anyone and everyone!
Our family retained Justin King after my grandparents were involved in a motor vehicle accident. He made us feel comfortable throughout the whole process from the initial consultation to the mediation. Our family knew we could depend on him and his staff to fight for our interests and do everything in his power to ensure that my grandparents' medical needs from the accident would be taken care of. He was in constant contact with the whole family and proved himself to be fully concerned with the well-being of my grandparents. He always did what he could to make sure they were comfortable with what was being done in their case so they could concentrate on recovering from their injuries. I sincerely hope nobody else in the family ever needs a personal injury lawyer, but if they do Justin King will be our first choice. I cannot recommend him enough.
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