Do You Have a Personal Injury Lawsuit?
An injury sustained because of someone else’s negligent actions can have a significant impact on your physical, emotional, and social well-being. You may even wonder if you are eligible to file an injury lawsuit. If you cannot negotiate with the insurance companies or other parties, a lawsuit may be your best option. An experienced personal injury lawyer in California can help guide you through the process and ensure you get the maximum amount of compensation to which you are entitled.
How do You Know if You can File a Personal Injury Lawsuit?
California personal injury attorneys will consider four important factors that gauge the validity of your allegations. The factors considered include determining if a duty of care existed, level of negligence, causation of injuries, and your ability to recover for your losses.
Duty to Exercise Reasonable Care
The first element considered is assigning a duty to exercise reasonable care. This just means that every person, business, or governmental entity must provide a safe environment for others. For example, a retail store location must alert shoppers and employees of hazards in common areas and walkways, such as a wet floor. All drivers on the road owe other drivers a duty to follow traffic laws and try to prevent accidents.
Failure to Exercise Reasonable Care
Not providing a safe environment, through error or otherwise, may cause a breach of duty to exercise reasonable care. This is a critical component of your eligibility to pursue compensation. For example, if the retail store owner does not using adequate signage to warn customers of wet floor, he or she has failed to exercise reasonable care. If a driver is going 20 mph over the speed limit and rear-end another driver, he or she has failed to exercise reasonable care.
A potential personal injury lawsuit hinges upon showing that negligence factors existed and caused your injuries. Lawyers refer to this concept as causation. This simply means that but for the defendant’s breach of the duty of care, you would not have been injured. For example, but for the retail store owner’s failure to warn you about the wet floor, you would not have slipped. But for the speeding driver’s failure to follow the speed limit, you would not have been rear-ended.
The term damages refers to the financial losses exposed to you because of the negligent party’s actions. It is also the amount you will request as compensation in a lawsuit. Types of damages you may seek include:
- Current and future medical expenses
- Loss of life and consortium
- Lost wages and benefits
- Pain and suffering
Without damages, you cannot pursue a personal injury claim in a civil court since they are the basis of tangible awards.
Speak with a Personal Injury Attorney Today
The above list is not exhaustive, and other factors may apply in your situation. You can determine if you have a valid case by speaking with one of our California personal injury attorneys at Deldar Legal. We can apply our extensive experience and knowledge to the specific details affecting your accident. Contact our office if you think you may have a case.
Posted in: Personal Injury