Negligence in a Personal Injury CaseUpdated on Saturday 25th February 2017
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Negligence is the premise on which the victim of a personal injury case in Los Angeles relies to establish another person’s fault in the accident. The legal concept of negligence is defined as a breach of a duty of care. According to the California Civil Code, a person is responsible for injuries caused by his or her failure to show reasonable care in the respective circumstances.
How is negligence defined?
The elements that are considered a cause of action for negligence are:
- the legal duty to use due care;
- a breach of this legal duty;
- the breach is the legal cause of the resulting injury.
There are several cases in which the court can claim that an individual cannot be held accountable for failure to use due care. These are generally referred to as proximate cause and are cases that include the foreseeability of the harm to the plaintiff or the degree of the injury suffered by the plaintiff and a close connection between the defendant’s conduct and the injury. While there are no statutory provisions that establish an exception to the general rule of the legal duty to use care, each personal injury case in California is different and negligence may play a vital role in supporting the case.
In order to receive compensations for the damages, victims of a personal injury case in Los Angeles need to be able to prove that the defendant’s negligence was a substantial factor in causing the plaintiff’s harm. Our Los Angeles personal injury attorneys are able to help you file a personal injury claim.
A simple example of a personal injury accident that contains all four elements is a car accident: the defendant driver clearly needed to pay attention to how he was driving, he breached a duty of care (and violated the traffic rules) when running a red light, this breach directly caused the crash and the damages and injuries suffered by the victim, the negligence of the defendant is the cause the plaintiff had to be admitted to a hospital and treated for the injuries.
The video below describes the notion of negligence in personal injury cases and the elements that help establish fault:
How important is it to establish negligence?
The key element in a personal injury case is the proof that the defendant has failed to meet the required degree of reasonable care under the circumstances. The degree of the legal duty to use care is different in each case and our Los Angeles personal injury attorneys will be able to determine the appropriate standard of care in a given situation, like in a pedestrian accident, where the driver’s conduct causes an accident in which others are injured.
Our personal injury attorneys in Los Angeles will help you with your case and help establish exactly how the defendant breached the standard of care in a particular case. Our lawyers will examine the evidence and use testimonies in order to establish how the defendant’s actions lead to the accident. The first step after you have determined that you have a personal injury case and that the defendant was indeed negligent, is to file a personal injury claim. If all of the elements of negligence are present, a lawyer will help you win your case.
You can contact our personal injury lawyers in L.A. if you would like to know more about the statute of limitations in California and the legal claims you can make in a personal injury case.