On behalf of Mohajer Law Firm, APC posted in personal injury on Wednesday, May 2, 2018.
Suffering from serious injuries in an accident can change a person’s life. This type of event can drain savings accounts to pay for medical bills, lead to missed work and strain relationships. Injuries can be painful and limiting, possibly changing a person’s lifestyle indefinitely.
Under these circumstances, it can be critical to examine whether you (or a loved one) may be in a position to file a legal claim seeking compensation. To determine if you may have grounds to file a lawsuit, consider the following elements of a typical personal injury claim.
Identifying a negligent party
After an accident like a car crash, a slip-and-fall or a medical error, identifying the negligent party will be critical. This is the party (or parties) who had a duty to act a certain way and failed to do that.
A fault is not always black-and-white. As such, California courts follow the rules of pure comparative negligence. This means that a person can file a claim even if he or she was also negligent, but the award will be decreased by the same percentage as his or her own negligence.
Suffering damages
Establishing negligence is crucial, as is connecting that negligence to damages. If the action or inaction did not cause or contribute to injuries, then there may not be grounds for a claim. Similarly, if there was negligence but no damages, a legal claim would typically not be realistic.
Keep in mind that there are many types of damages, from physical injuries and medical bills to emotional distress and loss of support.
Meeting other requirements
Parties will also need to consider other legal requirements, including statutes of limitations, standing to sue and legal capacity.
Discussing your situation with an attorney
This post can give readers a general idea of the elements that must be in place to file a personal injury claim. However, every situation is unique and there are exceptions that can affect an individual case.
As such, it is wise to discuss specific claims with an attorney. Doing so can ensure you understand and explore your legal options fully so that you can determine whether you may be eligible for compensation.