How To Prove Fault In A Personal Injury Claim Or Lawsuit
In every personal injury claim or lawsuit that an accident victim files in Stockton, the accident victim has the sole legal burden of proof in the case. This means that to recover monetary compensation for their injuries, they must satisfy each legal element of their claim or lawsuit. Otherwise, it will be challenging, if not impossible, to get an insurance company, judge, or jury to take your side.
First, the accident victim must demonstrate that the at-fault party who caused the accident owes a duty of care. For example, motor vehicle drivers owe a duty of care to all other drivers, passengers, and pedestrians to operate a vehicle carefully and safely and abide by all traffic laws and regulations while on the road. In addition, property owners must always maintain their premises in a reasonably safe condition and warn about or correct known dangerous defects on their premises.
In addition to establishing a duty of care, the accident victim must show that the at-fault party violated their duty of care somehow. For example, in the context of a car accident, the at-fault driver might have operated their vehicle while distracted or intoxicated. In a premises accident, the property owner might have failed to clean up a spill reasonably soon, causing a slip and fall accident.
Next, the accident victim must establish the causation element of their personal injury claim. Therefore, they must show that the accident was the actual unforeseeable cause of the at-fault party’s injury. Finally, the accident victim must show that they suffered at least one physical injury in their accident and that their injuries were a direct and foreseeable result of the accident.
If the accident victim can satisfy their legal burden of proof that establishes all four legal elements, they may recover monetary compensation. At Silva Injury Law, Inc., our experienced lawyers can assist you throughout the settlement and litigation processes to recover the financial compensation you deserve.
Recoverable Damages in Stockton Personal Injury Claims
As part of a personal injury claim or lawsuit, accident victims can recover various monetary damages.
Since every personal injury case is different, the monetary awards an accident victim receives in their case, either through settlement or litigation, will likely vary.
The size and type of a monetary damage award will depend upon the injuries which the accident victim suffered, the severity of their injuries, the circumstances surrounding the accident, the medical treatment that they underwent for their injuries, the cost of their medical treatment, whether they suffered a permanent injury or disability, and whether they missed time from work after their accident.
Potential monetary compensation in a personal injury claim may consist of damages for an accident victim’s:
- Past and future medical treatment expenses,
- Lost wages,
- Loss of earning capacity,
- Inconvenience,
- Mental distress,
- Pain and suffering,
- Lost quality of life,
- Loss of spousal companionship, and
- Loss of the ability to use a body part.
At Silva Injury Law, we can set realistic expectations for your case and determine potential monetary damages you can recover.
In some instances, insurance companies will blame the accident victim. By doing so, they can often reduce your settlement. However, our attorneys know how to counter such allegations with evidence of who really bears liability for your losses.
What is the California Personal Injury Statute Of Limitations?
In California, accident items have a short time to seek monetary recovery for their injuries.
That period begins on the accident date and ends precisely two years later. If an accident victim does not file a personal injury lawsuit within two years of their accident, the court will prevent them from recovering any monetary compensation for their injuries. Therefore, you should seek an experienced Stockton personal injury attorney to represent you right after your accident.
Some categories of personal injury cases also have different filing deadlines.
A case that involves property damage has only a three-year statute of limitations deadline. Despite some minimal exceptions to these statutory deadlines, for the most part, they are hard-and-fast rules. Finally, if your personal injury case involves a claim against a governmental agency, a notice provision may apply.
At Silva Injury Law, Inc., our legal team knows California’s short statute of limitations. Our legal team can help you file and resolve a lawsuit as quickly as possible.
Contact an Experienced Stockton, California Personal Injury Lawyer
If an accident caused by someone else’s negligence injured you, seek legal help immediately. At Silva Injury Law, Inc., our lawyers will fight for your right to recover the monetary damages you deserve.
For a free consultation with a skilled Stockton personal injury attorney, please call (209) 600-4389 or fill out our online form today.
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“I cannot say enough good things about Silva Injury Law. Everyone starting with the front desk were very professional, honest and hardworking. Michael and his team worked diligently to make sure everything went as quickly and as smooth as possible. Silva Injury Law genuinely care about their clients and I would highly recommend them.”
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