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How Important Is Negligence in a Personal Injury Case

How Important Is Negligence in a Personal Injury Case

Updated on Monday 20th November 2017

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How-important-is-negligence-in-a-personal-injury-caseWhen sustaining a personal injury and filing a lawsuit against the party who is presumably at fault, it is important to prove why the latter is guilty. Some personal injuries are caused by negligence, however, one cannot simply say the other party was negligent and did not do their job, but the case must be supported by proper evidence. That is why hiring Los Angeles personal injury attorneys is recommended.

 

Negligence due to the breach of duty in a personal injury case in L.A.

In order for the victim to understand how important proving negligence is the main reason for their accident, our Los Angeles personal injury lawyers will explain there are several situations which can lead to negligence. The duty of care and the breach of this duty is the most important.

Depending on the personal injury, the duty of care must be exercised by a producer, distributor, retailer or any other party to make sure that no one gets hurt because of their products or actions. In a personal injury lawsuit, it is important to show that negligence caused by the breach of this duty is the main cause of the accident. The breach of duty can be proved by showing that the party at fault acted improperly or did not act at all when the accident happened.

The elements of a negligence claim in Los Angeles are:

  • -          the duty;
  • -          the breach of this duty;
  • -          the negligence harmed the victim (causation);
  • -          the damages inflicted because of the negligence.

Both in the negotiation phase and in the event in which the case goes to court, the victim and his/her personal injury attorney must be able to prove all of these four elements of negligence.

Our lawyers invite you to watch the following video on the importance of proving negligence:

Establishing it was negligence that caused the personal injury

There are many types of cases our Los Angeles personal injury lawyers deal with all the time. Depending on the accident, there are various ways of proving the negligent behavior caused harm to the victim. The most common cases in which negligence is at fault are:

  • -          slip and fall accidents in which the lawyer can demonstrate the owner was negligent and did not ensure the safety of the clients;
  • -          defective and dangerous product personal injuries in which the attorney must prove that the seller, the producer or distributor did not exercise their duty of care;
  • -          medical malpractice injuries are also some of the most common cases which imply negligence.

It is important to remember that negotiating with the insurance company will involve preparing irrefutable evidence to support negligence. Most insurance companies will try to minimize the claim and determine the victim to settle for an amount that does not cover the damages to their true extent. It is equally important to remember that California has a comparative fault rule, meaning that the victim may also be found to be at fault if the defendant can prove that the plaintiff was also negligent and that his own negligent actions also had an important part in the unfolding accident.

The legal system allows victims of personal injury accidents to find some sort of solace in gaining compensations for their injuries and losses. The monetary compensation can have an extremely important role in the victim’s recovery, mainly for the purpose of improving his/her access to adequate medical help. However, the element of negligence remains of paramount importance even if the legal system allows the victim to hold another party accountable for their losses.

Our L.A. personal injury attorneys can establish negligence is the main cause of the accident by gathering evidence, by proving the defendant broke the law or by calling witnesses to the scene, if it is the case.

If you are the victim of a negligence case and need legal help, please contact our Los Angeles personal injury attorneys.

 

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