personal injury lawsuit

Personal Injury Lawsuit in California: The Basics

It can take a Fresno personal injury lawyer years of education to learn the ins and outs of personal injury law. You can’t obtain that level of knowledge by browsing the Internet. However, you can learn the basics. Here are a few things you should know about a personal injury lawsuit in California.

1. The Outcome of a Personal Injury Lawsuit Might Pay for More Than Your Injuries

Most people realize that a successful outcome in a personal injury lawsuit can result in money for your injuries. That is, the other party may be responsible for your past, current, and future medical bills.

But that’s not all. After a claim is resolved, you could receive money for loss of income in your business because of your injuries. Additionally, you can be compensated for missed wages, therapies, and pain and suffering.

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How much money you receive from a personal injury lawsuit depends on several factors. For one, it depends on the circumstances of the incident. Also, the severity of your injuries matters. Additionally, the experience and skill of your attorney can affect your compensation

2. Negligence Is the Basis of a Personal Injury Lawsuit

Every personal injury lawsuit has one thing in common: negligence. For you to have a case, you must have evidence of negligence on the other party’s part.

Negligence comes in many forms. Generally speaking, it occurs when one individual or entity’s actions don’t keep someone from harm. In other words, their actions must at least meet the minimum reasonable standards. For example, they need to prove all of the following:

Duty of Care

This term refers to a legal obligation to stick to a certain standard of care. For instance, a driver has the duty of care to drive safely and with no distractions. Manufacturing businesses have a duty of care to create safe products.

Breach of the Duty of Care

In every successful personal injury lawsuit, there needs to be proof that the opposing party breached their duty of care. This means the party failed to act in a reasonable way. For example, driving drunk is a breach of duty of care.

When a Breach Results in Injuries

In order for you to have a successful outcome in a personal injury lawsuit, there needs to be a direct correlation between the breach of duties and your injuries. An example is a driver who tailgates and rear-ends the vehicle in front of them. During the accident, the other driver gets whiplash. The cause of the whiplash was the other driver’s negligence.

When You Need Compensation for Your Injuries

If your injuries are so minor that they don’t result in expenses, you can’t file a personal injury claim. In other words, for a successful personal injury lawsuit, you need to prove that your injuries caused a monetary loss. Often, medical bills are proof of that cost.

3. How a Personal Injury Attorney Can Help You

It is possible to initiate a personal injury claim on your own. However, it’s not easy to get a good outcome. A Fresno personal injury lawyer may be able to improve your chances of receiving compensation in a personal injury lawsuit.

Many people don’t fully understand their rights. This is especially true of incidents that involve comparative fault. In California, you can receive compensation even if you are partially responsible for the accident. The court gives you and the other involved party a percentage of fault. Then, they use that percentage to determine your compensation. A lawyer can explain more about comparative fault.

You don’t need to miss out on your chance at compensation. By working with Grossman Law Offices, you may be able to receive money for your injuries and more. The sooner you contact an attorney, the sooner you can find out about your rights.