In every personal injury claim in California, the claimant or plaintiff has the burden to prove every element of negligence in order to establish the other party’s liability and recover compensation.
Our Los Angeles personal injury lawyers have served residents of the Los Angeles region and across California for more than 30 years. We bring to your case the legal expertise and resources necessary to recover damages for you. If you feel you’ve been injured due to the negligence of another, contact a Los Angeles personal injury claim lawyer at our firm to discuss how you can prove negligence in your accident claim.
In a personal injury claim, you must establish that the other person’s negligence harmed you.
For any personal injury claim to be successful, your claim must include the following elements:
The legal duty in motor vehicle claims is to use reasonable care in driving a vehicle. Drivers must keep a lookout for pedestrians, obstacles, and other vehicles. They must also control the speed and movement of their vehicles. The failure to use reasonable care in driving a vehicle is a violation of that legal duty.
The legal duty in medical malpractice claims is to use the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful medical practitioners would use in the same or similar circumstances. The level of skill, knowledge, and care is “the standard of care.” The standard of care is determined based on the testimony of experts. Violation of that legal duty is a “breach” of the standard of care.
To establish liability, you must prove that the defendant violated their legal duty to use reasonable care to prevent injury to you. However, it is challenging to prove that the defendant engaged in the kind of actions or omissions that constitute a violation of that duty or a breach of the standard of care. Defendants and their insurance companies do not usually admit negligence willingly.
You must also prove that the violation of the legal duty caused your injuries. For instance, if you were involved in a bicycle accident but were not wearing a helmet at the time, the defendant and their insurance company will claim that you caused your injuries because you were not wearing a helmet. You have the burden to prove that the injuries would have occurred even if you were wearing a helmet, and that your injuries were therefore a direct result of the defendant’s negligence.
Proving negligence in an accident claim is critical to successful compensation recovery. The attorneys at Effres & Associates will work hard to prove the other party in your case was negligent and that you were wrongfully injured. We can offer you a free case evaluation to help you get started. We offer our services for residents throughout Southern California, including Los Angeles, Orange County, Riverside, San Bernardino, San Diego, Ventura, and all surrounding counties.
To get started with your claim, call (818) 696-4234 and speak with a Los Angeles personal injury claim lawyer at Effres & Associates.