After being involved in an accident, you need time to rest and recover. Unfortunately, you may also be facing mounting financial pressure if medical bills accumulate and you need to take significant time off from work. If you were hurt because someone else acted carelessly, you may have a legal right to seek compensation from any party that was responsible. At Sharifi Firm, APC, our Los Angeles personal injury lawyers are dedicated to protecting the rights of victims who are recovering from accidents. We can negotiate vigorously on your behalf and take your case to trial if needed.Pursuing Compensation from Negligent Parties
In most personal injury cases in California, you will have to prove the responsible party's negligence to assert the right to damages. This means you would have to show that the defendant owed you a duty of care, a breach of that duty, actual and proximate causation, and actual damages. In a car accident case, it should be relatively straightforward to show that the defendant owed a duty of care because all drivers are legally obligated to operate their cars safely and comply with traffic rules.
Some common breaches of duty while driving include texting behind the wheel, failing to yield at an intersection, operating a vehicle while drunk, or speeding excessively. The breach must have been a substantial factor in causing the particular accident. This generally means that the victim would not have been injured if the defendant had handled the vehicle with the appropriate care, and that the harm was reasonably foreseeable.
These principles are also at work in premises liability cases, such as those arising out of slip and fall accidents. However, in addition to the foregoing elements of negligence, the victim and their Los Angeles personal injury attorney usually must also show that the owner knew or should have known about the dangerous condition that caused the fall, and failed to take appropriate actions by fixing it or posting a warning. For example, a business owner that is aware of a bumpy carpet or a missing step on a staircase and fails to warn customers may be liable for damages if someone is hurt because of the hazard.
California follows the rule of comparative negligence. This means that a plaintiff's damages will be reduced by his or her degree of fault for an accident. For example, a person may suffer severe injuries after a truck accident in which the driver made too wide a turn, crushing a car against the sidewalk. However, it may be possible that the victim acted carelessly as well, such as by speeding or weaving in the lane. If he or she is found to be 30 percent at fault for the collision, the injured person still may be able to receive up to 70 percent of the total damages. Questions of comparative negligence in a complex accident, or one involving multiple vehicles, may require the assistance of an accident reconstruction specialist.Consult a Knowledgeable Personal Injury Lawyer in Los Angeles
At Sharifi Firm, APC, our experienced accident lawyers offer aggressive representation to people in San Bernardino, Fontana, Long Beach, and the surrounding Los Angeles area communities who have been hurt due to the negligence of others. We handle cases arising from motor vehicle accidents, slip and falls, nursing home negligence or abuse, wrongful death, and more. While we focus on pursuing the full amount of compensation you deserve, you and your family can focus on your recovery. Contact us at (866) 422-7222 or via our online form for a free, no-obligation consultation with a personal injury attorney in the Los Angeles area.