Negligence defined is the act of a person or entity failing to exercise the necessary care and caution that is required in a given circumstance. It is important to understand that negligence means it was an act of carelessness rather than an act done with the intent to harm. Negligence in essence means that an individual did not thoroughly assess the potential affects and danger their actions could have on another person or group of people. Specifically in the realm of personal injury law, an act of negligence results in a direct illness, injury or wrongful death of an innocent victim because of another's careless actions.
Personal injury claims for negligence can happen in a wide variety of circumstances such as medical malpractice, car accidents, construction accidents, and much more. When dealing with a negligence claim, having the experience of a skilled San Fernando Valley personal injury lawyer on your side is essential in order to effectively fight your case. Primarily, if you hope to receive any form of compensation for your pain and suffering caused by the incident, you will have to prove without a doubt that the party involved is in fact responsible for their actions. With the help of an accomplished lawyer, they will do the necessary investigations for your case to make sure that you are well represented against the opposing party.
Proving negligence in California can be a complicating process, which is why having the legal representation of an attorney which specific experience in the area is so crucial. At The Law Offices of Gerald L. Marcus we will do whatever we can to prepare for your case and represent you before the court if a settlement cannot be reached. The process of proving negligence includes numerous steps starting with duty. It is the duty of every individual to go about life mindful of the safety of others. California Civil Code § 1714(a) says specifically that we can be held responsible for the injury of another person if they are harmed by our lack of care in our actions. Your attorney will need to prove that the other party has failed to uphold their duty, and are therefore responsible for placing your life at risk and causing injury.
After we have proven duty of the negligent party, we will then seek to prove that they breached said duty. Breach is often used specifically in car accidents when showing that a driver willing drove to close to the car ahead resulting in the rear ending accident. Breach can either be the violation of a given statute or an act of neglect in providing a safe environment for others. Third, causation will need to be proved with the help of your attorney. Plainly stated, this step specifically shows that the duty and breach of duty of the defendant lead to your physical injury. Showing causation can be a very complicating step when seeking to prove negligence in your case. It will be the responsibility of your attorney to essentially prove that had the Defendant not done said actions, the injury you incurred would have never happened.
Finally, once the aforementioned have been proven, your lawyer will seek to prove the actual extent of your suffering and physical injuries. In order to have a personal injury case for negligence, there must be an actual injury. For example, if you were in a car accident and you broke your arm; now that you have to spend weeks away from your job you will want to consider seeking compensation for the accident and lost wages. Unless you have proof of your injury and suffering, it is very unlikely you will have a case.
Once you have been able to prove the negligence of the party involved in your injury or illness, with the help of a legal professional the next step will be to fight for the monetary compensation you deserve. In the event you are a victim of a wrongful injury, contact our office today for the trusted San Fernando Valley personal Injury attorney that you deserve to have on your side. If the negligent actions of anther individual or entity have led to the wrongful death of a loved one, our firm is also prepared to help you seek compensation for your loss, as well. We realize that your love one may never return to you, however by obtaining financial compensation you will be freed to focus more on your family as opposed to the extensive funeral costs and future lost income. Whatever the situation may be for you, contact a San Fernando Valley personal injury attorney today to learn more about how we can fight on your behalf!