PROVING NEGLIGENCE IN A PERSONAL INJURY CLAIM IN LA
Determining liability in a motor vehicle crash is often about establishing the fact that whose negligent actions caused the accident. Thus proving negligence in a personal injury claim is essential to support damages claim and recover a fair settlement.
If you or a loved one sustained injuries because of someone else’s negligence in an accident, it may be worth pursuing a personal injury claim – particularly if you have piled up hospital bills and missed work. Consider consulting with Yerushalmi Law Firm’s accomplished personal injury attorneys in Los Angeles to check your legal options.
In law, “Negligence” is defined as the inability to take due care, resulting in injuries or damage to someone else. For proving negligence in a personal injury claim, the plaintiff must prove the following four elements in court:
- The defendant owed a duty of care to the complainant;
- The defendant’s negligent action breached the duty of care;
- The plaintiff suffered injuries; and
- The direct cause of the plaintiff’s injury was the breach of the defendant’s duty of care.
Four Key Elements To Prove Negligence
Here are the four key elements to prove negligence:
- Duty of care: Duty of care is a legal term that refers to the responsibility one person has to provide you with a certain level of care to avoid causing harm.
- Breach of Duty: This element is to show how the defendant violated or breached the standard of care by failing to act in a manner that a reasonable person would.
- Causation: Causation is to show that the defendant’s breach of duty was the direct cause of the plaintiff’s injuries.
- Damages: The plaintiff suffered monetary damages because of the injuries.
Comparative Negligence In Los Angeles
As per California’s comparative negligence law, the amount that a plaintiff may recover is reduced based on the extent to which he or she was partially responsible for causing the accident. Thus it is vital to obtain expert legal counsel as soon as possible after an accident to secure your legal rights and maximize your chances of receiving a fair settlement.
Lawyers are Experts at Proving Negligence
It can be overwhelming to prove all the elements of negligence, particularly when negotiating with an insurance company that tries to claim that you are responsible for the injury. It is thus extremely crucial that you retain a qualified and knowledgeable attorney as soon as possible. Being the victim of an accident can have detrimental consequences, including medical expenses, lost wages, loss of earning capacity, mental anguish, pain, and suffering. If you suffer injuries due to negligence on another person’s part, you may be able to receive compensation in a personal injury lawsuit. Contact Los Angeles competent personal injury attorneys at Yerushalmi Law Firm to protect your rights. Call us today for a free consultation at (310) 777-7717