Sustaining an injury is painful and inconvenient. As human beings, we are creatures of habit who fall into the steady flow of life. When something like an injury comes along, it completely throws off our natural routine, complicating our lives and adding stress to the small mundane life activities that we usually never give a second thought to. If your life has been encroached upon by the negligence of someone else, it’s hard not to immediately point fingers and get upset. However, after an initial reaction, it’s important we take a breath and analyze what can be done legally to resolve your situation. Indeed, it may be someone else’s fault, however, it’s wise to channel that anger into a personal injury lawsuit
that has the potential to gain you real monetary value for your losses, rather than engaging in a kicking and screaming match that goes nowhere. Our lawyers in Temecula are relentless
, yet professional. They are fighters, but also poised. They are the perfect mix to win big in a personal injury lawsuit.
A personal injury lawsuit
is when a plaintiff files a complaint against another person, business, corporation, or government agency. It usually arises when someone is injured due to someone else’s carelessness or irresponsibility. Personal injury cases are different than criminal charges because they do not involve an initiation by the government. The statute of limitations varies by state, but in California, you have two years from the date of the injury to press charges.
In order to have a valid personal injury case, you must prove negligence from the opposing party. There are four elements that must be proved to win a negligence case:
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1. Duty – the defendant owed a legal duty to the plaintiff
There are cases when a defendant owes the plaintiff a legal duty of care. For negligence to happen there must be a standard of care for a given situation, for instance a motorist must adhere to the same care a reasonable person would by obeying traffic laws and paying attention to other drivers and pedestrians. Another example is the legal duty of care a doctor owes a patient to provide competent medical health care.
2. Breach – the defendant breached that legal duty by acting or failing to act in a certain way
It must be determined that the defendant breached that duty by doing or not doing something. The courts use the standard of a reasonably prudent person, as the assessment of whether or not an average person would have known that their actions would injure someone, knowing what they knew at that time. The jury will usually take into consideration what the defendant knows, has experienced, and perceives.
3. Causation – it was the defendant’s inaction or inaction that caused the injury
The next element of proving negligence is proving that the defendant’s negligence was the cause of the plaintiff’s injury. Someone acting negligent and someone sustaining an injury can happen in tangent with each other, but not necessarily mean one causes the other. The two scenarios are not always mutually inclusive. For example, you cannot sue someone who was texting and driving for an accident that happened a block away just because they were negligent. The outcome of a possible injury should also be reasonably foreseen. Random acts of nature cannot be predicted, and you most likely will not be able to sue a defendant for something that happened by chance.
4. Damages – the plaintiff was injured as a result of defendant’s actions
Finally, the court must be able to compensate for damages. The damages in a personal injury case are calculated based on the losses suffered by the plaintiff. Monetary compensation can cover expenses for medical care and treatment, and other damages may include lost wages or future lost wages.
The best way to successfully prove these four elements in a personal injury lawsuit
is to consult with a lawyer. Our Temecula personal injury lawyers
have years of experience in personal injury cases and will be able to assist you in all aspects of a personal injury lawsuit. Your injury and suffering should be taken seriously, that is why you deserve the best counsel possible so that you can build the strongest case possible. Let us help you receive maximum recovery from the harm that has been placed on you.
Personal injury settlement
Personal injury cases most commonly end in a settlement. A settlement is a negotiation which ends legal action through a monetary payment. These are usually done with the help of the opposing parties, their attorneys, and insurance companies. If you have been offered a settlement, there are several factors you should take into consideration before accepting. One of our extremely experienced personal injury attorneys in Temecula
will be able to help analyze your case and pick the best road to go down. In deciding whether or not you should take the settlement or go to court, you will want to consider:
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- The strength of and weakness of your case
- Chances of winning at trial
- The verdicts and settlements of similar cases
- Strengths and weaknesses of your opponent’s evidence
- Possible difficulties in going to trial
- What your attorney thinks your case is worth
- The minimum amount you will accept to end the trial
- How much of your settlement will go to lawyer’s fees
- The defendant’s monetary resources
- Possible unfavorable publicity
- Personal information that may be exposed
- The length of the trial
As you can see, accepting a settlement should not be hastily done. There are many elements to deliberate which may have lasting effects on you. Essentially, you are making a very big, influential life decision. Do not worry, you do not have be alone in making this decision. The best approach is to get help from a lawyer. Downtown LA Law Group’s personal injury attorneys
will be there every step of the way. All you have to do is contact our office today
To speak with a Los Angeles personal injury lawyer, call (888) 649-7166.
Free Consultation and Zero Fee Guarantee
The task of proving negligence can seem quite daunting, and in reality, it may very well be. That is why you have the option to get help from one of our lawyers who will gladly take on the task and relieve some of your stress. Our Temecula lawyers know all about personal injury cases
and will advise you in the best way possible. If it is really just a question of whether or not you should accept a settlement, our lawyers can guide you to the most rewarding outcome. A personal injury case
is not something you have to take on alone. Give our office a call in order to schedule your free consultation right away. We are available 24/7
, always ready to listen to your story and take on your case. Our zero fee guarantee
means that you do not have to worry about a financial burden. We do not ask for any upfront fees, it is all contingency based. If we can’t win your case, then you don’t owe us a penny. Also, if you have already spoken with a lawyer but are looking for a second opinion
, we can offer that to you free of charge as well
. Our attorneys are the highest rated in the state, so it will benefit you to listen to their opinion on your case. Our goal will always be to give you the most successful outcome from a personal injury.