If you suffered harm due to the negligent actions of another, you might wonder whether you have a personal injury claim and could potentially recover compensation. Personal injury is a big field, and cases can arise from many different types of accidents and situations, including:
- Slip and falls
- Medical and dental malpractice
- Car accidents
- Work accidents
- Defective and dangerous products
- Nursing home abuse and neglect
- Dog bites and animal attacks
- Negligent security
- Assaults
- Exposure to toxins and harmful chemicals
Suffering from significant injuries after an accident caused by someone else can feel unfair and frustrating. After all, you did nothing wrong and may now be stuck with the medical bills, loss of income, and potentially many other expenses due to no fault of your own. However, the law is generally on your side if someone else negligently caused your injuries, and a lawyer can potentially help recover your due.
Consider working with a Monrovia personal injury lawyer. We can assess your claim with a free initial case review and help you get clear on your next best steps for holding a negligent party to account. Call Pintas & Mullins Law Firm today at (800) 223-5115. A member of our team can determine whether you have a claim.
Negligence in Monrovia Personal injury Claims
In order to prove negligence in a personal injury claim, the plaintiff will have to present clear evidence. Your Monrovia personal injury lawyer can help gather the evidence to prove your claim. Generally, negligence is established with the following four main elements:
Duty
First of all, your lawyer will want to prove that the defendant owed you a duty of care. A doctor has to apply a certain standard of care when treating their patients, for example. When it comes to driving, we all have the duty to be reasonably careful and not willfully cause accidents that could harm other road users. A property owner generally has the duty to make their premises free of dangerous situations that could harm a visitor and cause injury.
Breach
A personal injury claim rests on proving a breach of duty. You will need to prove that the defendant acted unreasonably and endangered you. The defendant will be guilty of negligence if the average person – or a doctor in medical malpractice claims – acted differently than the average person or doctor would have in a similar circumstance. Breaching duty is actively endangering someone or knowingly allowing a dangerous condition to persist. A breach can be tough to prove, especially in medical malpractice cases.
Causation
In order to have a claim at all, a plaintiff and their lawyer need to prove that breach of duty directly caused the accident and/or injury. If someone was driving intoxicated and sideswiped you, causing your crash and injuries, causation is clear-cut. In other cases, it could be much harder to prove a direct link. When a doctor makes a wrong or delayed diagnosis, for example, proving causation of damages can be tricky and may require expert witness testimony.
Damages
Without having tangible damages, you will not have a personal injury claim. You also need to prove your damages with concrete evidence, such as receipts and medical statements, or a report from a psychologist detailing any emotional effects. A personal injury lawyer can advise you accordingly.
Proving these elements of a lawsuit can be tough and time-consuming. Having a personal injury lawyer handle your claim may take a weight off your shoulders.
California Personal Injury Laws
When you have suffered injuries and financial losses due to the negligent actions of an individual or a company, you should get legal advice as soon as possible. While the California Code of Civil Procedure (CCP) §335.1 generally gives you two years to file a personal injury claim in Monrovia, consider that the sooner you act, the sooner you could potentially get justice.
Victims who wait too long before finding legal advice can be at a disadvantage. It is generally easier to collect the evidence and witness statements needed to prove a claim immediately after an accident. Waiting until the last minute to file a lawsuit can present challenges to the plaintiff, as well as the lawyer.
For a free legal consultation with a Personal Injury Lawyer serving Monrovia, call (800) 794-0444
Your Monrovia Personal Injury Lawyer Can Work for You
Consider working on your claim with a personal injury lawyer. A successful outcome of your claim could provide you with compensation for your medical bills, lost income, pain and suffering, and potentially a number of other types of compensation.
It can be tough for a plaintiff to know exactly what their claim is worth and how to calculate their past, present, and future damages. Unfortunately, insurances and defendants will try to take advantage of this and might aim to force you into accepting a settlement that does not cover your damages.
Accepting a settlement typically bars you from finding legal recourse later on. It can also leave you financially burdened if your injuries need extensive treatments in the future.
Your lawyer has your best interests at heart and will protect your legal rights by:
- Providing legal advice
- Gathering evidence
- Filing necessary court documents
- Providing expert witnesses
- Building your case thoroughly
- Communicating with insurances
- Fighting for a fair settlement
- Representing you in court
You do not have to go it alone. Consider working with a seasoned Monrovia personal injury lawyer and taking advantage of the “no win, no fee” agreement, which means you do not have to worry about paying upfront lawyer’s fees.
Call Pintas & Mullins Law Firm today and find out if you could recover compensation with a personal injury lawsuit. Reach us at (800) 223-5115.
Call or text (800) 794-0444 or complete a Free Case Evaluation form
