In California, an injury claim arises when someone is injured due to another party’s failure to act with reasonable care. While every case is unique, they all share common legal principles. Understanding these principles, especially the concepts of negligence and liability, is crucial for anyone pursuing a personal injury claim in the state.
Negligence is defined as the failure to exercise reasonable care in a given situation. To prevail in an injury lawsuit, you and your attorney must prove that the defendant’s negligence directly caused your injuries and other damages. This requires showing that the defendant had a duty of care toward you, that they breached that duty, and that this breach led to your damages. It’s essential to provide a complete breakdown of all the harm you suffered because of their actions. As we build your case, we help navigate factors that complicate the process. Two of the most common issues in California personal injury claims are cases of multiple defendants and comparative negligence.
It’s not uncommon for more than one party to be responsible for your injuries. In a truck accident, the driver may be at fault for driving under the influence. However, if the trucking company failed to perform a proper background check and the driver had a history of DUIs, the company could also be held vicariously liable. When multiple parties are involved, we must prove that each defendant bears some responsibility. The court will determine the percentage of fault for each party. If the case goes to litigation, defendants are held responsible for a percentage of the compensation that matches their fault percentage.
Comparative negligence may come into play when a plaintiff is found to be partially at fault for their own injuries. This often happens in car or bicycle accident claims. The defendant may argue that your actions contributed to the accident, thereby reducing their liability. California follows a “pure comparative negligence” rule. This means a plaintiff can still recover damages even if they are largely at fault. Unlike other states with a 50% fault threshold, California has no such limit. However, your total compensation will be reduced by your percentage of fault. For instance, if you are awarded $100,000 but are found to be 20% responsible for the accident, you will only receive $80,000.
Even if your case seems straightforward, trying to handle a personal injury claim on your own is risky. A single procedural error or missed deadline could jeopardize your entire claim. Our office will ensure you explore all available avenues for compensation and navigate the complexities of California’s legal system, from proving negligence to addressing issues of multiple defendants or comparative negligence. Our expertise is crucial to protecting your rights and maximizing your recovery.
We represent people injured as a result of the careless and reckless acts of others. At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. Insurance companies have paid our clients hundreds of millions of dollars in compensation because we uncover the facts. When insurance companies fail to offer full compensation, we are not intimidated at the prospect of going to trial. We help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people. Call GB Legal 24/7/365 at 916-714-7672 or visit www.gblegal.com