Upland Personal Injury Lawyer

With just over 125,000 people living in Upland, the city’s growing population—combined with the outdoorsy lifestyle many residents enjoy—can often lead to an increased number of accidents. Unsurprisingly, personal injury claims are one of the most common types of lawsuits in California. If you were involved in an accident and suffered injuries as a result, you may be entitled to compensation. As soon as possible, you should contact an Upland personal injury lawyer to examine your legal options. A qualified personal injury attorney who has prior experience dealing with personal injury claims can help identify all potential sources of compensation, while you focus on recovering.

Determining Eligibility for Compensation

To argue a successful personal injury claim in Upland, the injured party must show that their injury resulted from a third party’s negligence or carelessness. This demonstration typically needs to occur in all personal injury casesCalifornia Civil Code §1714 establishes a person’s liability for any injury caused by their “want of ordinary care.”

There are four elements of negligence that the injured party must prove in order to be entitled to compensation from the third-party defendant. These are that the defendant had a duty of care, that the defendant breached that duty, that the defendant’s action or inaction directly caused harm to the plaintiff, and that the plaintiff suffered physical injury as a result. For more information about eligibility for compensation, consult with a dedicated Upland personal injury attorney.

Duty of Care

In most scenarios, everyone owes at least some degree of care to everyone else. Under California state law, an individual must exercise reasonable care when engaging in an activity that could foreseeably injure another person. To satisfy this element, the injured party must show that the defendant owed them a duty of care to avoid injury in the events leading up to the accident.

Breach of Duty

Once it is established that the defendant owed a duty of care to the injured party, the injured party must prove that the defendant breached that care by acting in an unreasonable way. This step is where the injured party should try to prove that the defendant was at fault for the accident.

Causation

There are two kinds of causation that an injured plaintiff must prove to have a successful personal injury claim. “Actual causation” is an action taken by the defendant that directly caused the accident. To determine actual causation, courts in California apply the “but for” test, which asks the question: “But for the defendant’s action, would the accident have occurred?” If the answer is yes, the defendant’s action can be considered an actual cause of the accident.

“Proximate causation” is commonly referred to as “legal” causation. Here, the injured party must prove that their injury was a foreseeable result of the defendant’s negligence. Both actual and proximate cause need to be established in order to prove legal negligence.

Damages

“Damages” is simply the legal word for injuries. The injured party must prove that they suffered damages as a result of the defendant’s negligence. Damages can include physical, emotional, and economic injuries, such as medical expenses, pain and suffering, emotional distress, and lost wages

Contact an Upland Personal Injury Attorney

Personal injuries can affect anyone at almost any time. Fortunately, if you are hurt because someone else intentionally or unintentionally caused you harm, you may be entitled to compensation.

For help managing all the aspects of a potential civil lawsuit, a skilled lawyer should be your best bet. If you or a loved one has suffered an injury as a result of someone else’s negligence, call an Upland personal injury lawyer today.