Proving Negligence in a Personal Injury Lawsuit in California

If you have fallen victim to an injury that was caused as a result of another’s negligence, you may be eligible for compensation. Under personal injury law, Californian’s have a right to receive monetary restitution when the accident that caused their injuries was the result of another party’s negligence.

Proving negligence in a California personal injury lawsuit is a complex legal undertaking that is often difficult to demonstrate. If you or someone you love suffered injuries because of another’s negligence, you should consider seeking the legal guidance of a well-experienced personal injury attorney.

Understanding Negligence in a Personal Injury Claim

Negligence can occur when another’s actions, or in some cases inactions, fall short of the reasonable standards set to protect another from harm. For instance, drivers in California have a legal duty to the safety of others on the road. Therefore, a driver who chooses to drive behind the wheel while intoxicated is acting negligent in considering the safety of other drivers. In order to win a personal injury claim in California, the victim, also known as a plaintiff, will need to prove that the accused is liable for causing the accident that resulted in his or her injuries.

When it comes to personal injury claims, there are generally four factors that must be demonstrated in a claim in order to prove that the accused party acted negligently:

• Reasonable Duty of Care -  It is essential to prove that the accused party had the legal obligation to adhere to or provide a reasonable standard of care. In some cases, this may be easy to demonstrate. Using the previous example, all drivers in the state have a legal duty to the safety of those they share the road with. Consequently, drivers in California must operate their vehicle in a reasonably safe manner.
• Breached Duty of Care - Once it has been established that the accused owed the plaintiff a duty of care, it is critical to prove that the accused failed to act in a reasonably safe manner. In a drunk driving auto accident case, a breach of duty would entail the driver choosing to drive while intoxicated.
• The Breach Resulted in the Plaintiff’s Injuries - Next, the plaintiff will need to prove that the personal injury claim is being pursued as a result of injuries that were sustained because of the breach in duty.
• Establishing a Monetary Loss - A plaintiff will need to demonstrate the extent of his or her grievances in order to justify the restitution sought. The strongest method to do this would be to provide an established medical record that demonstrates the injuries and the cost of medical treatment. Proof of other bills, expenditures, or loss of income can also be provided.

Consult a Skilled Personal Injury Attorney

Following an accident that left you with injuries, it is critical to your well-being and recovery that you seek monetary compensation for your grievances. In California, however, you only have a small window of time to file the lawsuit. Speak to a skilled personal injury attorney as soon as possible in order to ensure your claim is heard.

The attorneys at Milligan, Beswick, Levine & Knox, LLP are well-versed in personal injury cases in California. The firm has an established track record of vigorously fighting for the rights of those who have been injured because of another’s negligence. Contact the firm today for a free case evaluation regarding your motor vehicle accident, slip & fall, dog bite or medical wrongful death matter.