Claremont Personal Injury Lawyer

When you get injured in an accident, there are often ripple effects that can put additional strain on you and your family. The medical expenses for recovery treatment can be extremely costly, especially if you are unable to work for an extended period of time due to your injury.

The good news is that if you are injured and incur these types of costs because of someone else’s actions, you may be entitled to compensatory damages. If you believe someone else caused the accident which lead to your injury, call a Claremont personal injury lawyer today. A qualified personal injury attorney who specializes in personal injury law can have a great impact on your case.

The Role of Negligence in a Personal Injury Lawsuit

The majority of personal injury claims are based on the concept of negligence. In negligence cases, the injured party argues that the accident that caused their injury was the result of a third party’s negligence or carelessness. In Claremont, if the injured person can meet the four elements of a negligence claim, they can be compensated for their resulting damages with the help from a Claremont personal injury lawyer.

The legal definition of liability in Claremont personal injury cases is established under California Civil Code §1714, which states that everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care. Under this statute, there are four elements of a negligence claim that the injured party must establish in order to be successful:

  • Duty of care
  • Breach of duty
  • Causation
  • Damages

Potential Damages for a Claremont Personal Injury

Damages are the foundation of a negligence lawsuit. If an injured party has not suffered damages, there is really no reason to bring a personal injury claim in the first place. However, California law nonetheless specifies that the injured party must establish that they suffered damages in order to bring a valid claim.

Damages means any physical or emotional injury resulting from the accident. This can include medical expenses, lost income, pain and suffering, loss of enjoyment of life, and more depending on the circumstances. If the injured party successfully proves all four elements of negligence, they may be compensated for the damages they suffered. Contact a Claremont personal injury lawyer for help with receiving compensation for damages.

Claremont’s Pure Comparative Negligence Rule

Under California Civil Code §405, if a court deems that an injured party was partially negligent in causing the accident that injured them, the amount of compensation the injured party may be entitled to would be reduced in proportion to the amount they were negligent. For example, if the defendant was found 75 percent negligent and the injured party was found 25 percent negligent, the final damage award available to the injured party would be reduced by 25 percent.

Contacting a Claremont Personal Injury Attorney

If you or a loved one were injured in an accident and believe someone else was at fault, contact a Claremont personal injury lawyer as soon as possible. An experienced attorney can analyze your case and help you pursue the compensation you deserve.