Common Personal Injury Cases
When an individual suffers injuries in an accident that results from another person or entity’s negligence, they may be eligible to file a California personal injury claim. In most instances, an accident victim files this claim with the at-fault party’s insurance company.
As soon as possible after suffering injuries in an accident, you should obtain medical treatment at a hospital emergency facility or an urgent care center. Next, you should talk with an experienced OC personal injury attorney.
Your lawyer can meet with you to discuss the circumstances of your accident and explain your legal options. They can then help you file a personal injury claim with the appropriate insurance company and, if necessary, file a lawsuit and litigate your case through the California court system.
Types of Personal Injury Claims That Frequently Arise
Various accidents that result from others’ negligence can lead to a personal injury claim or lawsuit. Personal injury claims often arise out of the following circumstances:
- motor vehicle accidents, where a driver operates their vehicle while distracted, exhibits road rage, drinks, and drives, or violates a rule of the road
- premises accidents, where a property owner fails to keep their property in a reasonably safe condition, and a property visitor slips and falls
- workplace accidents, where an individual suffers an injury while on the job due to defective equipment or improper supervision by contractors and others
- defective products, where a product manufacturer fails to take reasonable measures to construct, design, or test their product, before making it available to the public for sale or distribution
If you suffered personal injuries in any of these circumstances that resulted from someone else’s negligence, you have legal options available to you. A California personal injury attorney can help you determine what those options are and assist you with undertaking the necessary legal actions to recover monetary compensation.
Legal Burden of Proof in a California Personal Injury Claim
In every California personal injury claim or lawsuit, the accident victim has the sole legal burden of proof. First, they must demonstrate that their accident occurred because another individual or entity deviated from the prevailing standard of care. They must also demonstrate that they suffered at least one physical injury in the occurrence and that their injury directly resulted from the subject occurrence.
When it comes to proving these legal elements, an accident victim may need to retain an expert to testify at a deposition or jury trial. For example, the accident victim might need to retain an accident reconstructionist to can establish that someone else caused their accident. Moreover, the accident victim may need to retain a medical expert to prove that their injury or injuries directly resulted from the subject accident. A medical expert can also establish that the injury or injuries in question are permanent. A permanent injury is one that is unlikely to get better over time.
A knowledgeable California personal injury attorney can help you prove the legal elements of your claim and, if necessary, retain an expert to help you prove these elements at trial.
Recovering Monetary Damages for Your Injuries
If you can satisfy the legal elements of your personal injury claim or lawsuit, you can recover various damages. Since every personal injury case is different, the damages that one accident victim recovers may differ from what another accident victim recovers. Potentially recoverable damages depend upon various factors, including the type of accident that occurs, the severity of the accident victim’s injuries, and the cost of their medical treatment.
Depending upon the circumstances, accident victims can recover monetary damages for their lost earnings, loss of earning capacity, related medical expenses, inconvenience, pain and suffering, loss of spousal companionship, loss of life enjoyment, and loss of the ability to use a specific body part, such as with a paralysis injury.
An experienced personal injury attorney can help you recover the full monetary damages you deserve to become whole again after your accident.
Talk with an Experienced California Personal Injury Lawyer Today
If you suffered injuries in an occurrence that resulted from someone else’s negligence, a knowledgeable California personal injury attorney could assist. Your attorney can investigate your accident circumstances, negotiate with the insurance company on your behalf, and pursue the full monetary damages you deserve to recover for your injuries.