Lancaster, CA Personal Injury Lawyer

What Types of Personal Injury Claims Does Kash Legal Handle?

There are numerous ways a person may sustain serious injuries in an accident. Our firm represents clients with all types of personal injuries. Understanding which category you fall under is important, so we may clearly showcase who the responsible party is and how their actions caused your injuries. 

The following are a few examples of personal injury claims we represent:

• Bicycle accidents
• Construction accidents
• Dog bite accidents
• E-cigarette vape explosion accidents
• Car, motorcycle, or truck accidents
• Pedestrian accidents
• Slip-and-fall accidents
• Workplace accidents
• Wrongful deaths

If you are unsure whether your injury falls into any of the above categories, speak with one of our representatives. Our Lancaster personal injury lawyers will provide clear details on whether we may help your claim and the process of recovering your damages.

How to Prove Negligence in a Personal Injury Case

In personal injury cases, proving negligence is crucial for securing compensation for your injuries. Negligence refers to the failure to exercise reasonable care, resulting in harm to another person. To establish negligence in a personal injury case, you must demonstrate four key elements: duty of care, breach of duty, causation, and damages. Understanding these elements and how to prove them is essential for building a strong case.

Duty of Care

The first step in proving negligence is establishing that the defendant owed you a duty of care. A duty of care is a legal obligation to act with a certain level of care and caution to prevent harm to others. The duty of care varies depending on the relationship between the parties and the circumstances of the case. For example:

• Drivers: owe a duty of care to other road users to drive safely and follow traffic laws
• Property Owners: owe a duty of care to visitors to maintain a safe environment

To prove duty of care, you need to show that the defendant had a legal obligation to act in a way that would prevent harm to you.

Breach of Duty

Once you establish that the defendant owed you a duty of care, you must demonstrate that they breached this duty. A breach of duty occurs when the defendant fails to act with the level of care that a reasonable person would have exercised in similar circumstances. This can involve actions or omissions, such as:

• A driver running a red light
• A property owner failing to repair a broken staircase
• A doctor making a surgical error

To prove a breach of duty, you may need evidence such as eyewitness testimony, surveillance footage, maintenance records, or expert opinions.

Causation

Causation involves proving that the defendant’s breach of duty directly caused your injuries. There are two types of causation that must be established:

• Actual Cause (Cause in Fact): You must show that your injuries would not have occurred if not for the defendant’s actions or omissions. For example, if a driver had not run a red light, the accident would not have happened.
• Proximate Cause (Legal Cause): You must demonstrate that the defendant’s actions were a foreseeable cause of your injuries. This means that the harm you suffered was a natural and probable consequence of the defendant’s conduct.

To prove causation, you may need medical records, expert testimony, and other evidence linking the breach of duty to your injuries.

Damages

Finally, you must show that you suffered actual damages as a result of the defendant’s negligence. Damages can include:

• Medical Expenses: Costs for treatment, hospitalization, medication, and rehabilitation.
• Lost Wages: Income lost due to the inability to work.
• Pain and Suffering: Physical pain and emotional distress caused by the injury.
• Property Damage: Costs to repair or replace damaged property.

To prove damages, you should provide documentation such as medical bills, pay stubs, repair estimates, and personal testimony about how the injury has affected your life.

Given the complexities of personal injury law, working with an experienced attorney can significantly improve your chances of success. An attorney can help you gather and present evidence, navigate legal procedures, and advocate on your behalf to ensure you receive fair compensation for your injuries.

What Is the Comparative Negligence Rule?

Comparative negligence, also known as comparative fault, is a legal doctrine that allocates fault among all parties involved in an accident. California follows a “pure” comparative negligence system, which allows an injured party to recover damages even if they are partially at fault for the accident. The compensation is reduced by the injured party’s percentage of fault.

California’s comparative negligence rule plays a crucial role in determining the amount of compensation an injured party can receive in a personal injury claim. This rule acknowledges that multiple parties may share responsibility for an accident and adjusts the compensation based on each party’s fault.

How Does Comparative Negligence Impact on Personal Injury Claims?

Understanding how comparative negligence works can help you navigate your personal injury claim more effectively.

Determining Fault and Compensation

In a personal injury claim, the court or insurance adjuster evaluates the actions of all parties involved to determine each party’s percentage of fault. For example, if you are injured in a car accident and are found to be 30% at fault because you were speeding, while the other driver is found to be 70% at fault for running a red light, your compensation will be reduced by your 30% share of fault.

If the total damages amount to $100,000, you would receive $70,000 after deducting your 30% fault. This system ensures that each party is held accountable for their contribution to the accident.

Evidence and Documentation

Proving fault and the extent of your damages requires substantial evidence. This includes:

• Accident Reports: Police reports and incident reports can provide an unbiased account of the accident.
• Eyewitness Testimony: Statements from witnesses can corroborate your version of events.
• Medical Records: Detailed medical documentation is essential to prove the extent of your injuries and their impact on your life.
• Expert Testimony: Experts such as accident reconstruction specialists can help establish fault and causation.

Proper documentation and evidence can support your claim and help minimize your assigned fault percentage.

Settlement Negotiations

Comparative negligence impacts settlement negotiations with insurance companies. Insurers often try to minimize their payouts by increasing your fault percentage. An attorney can challenge unfair assessments and present evidence to support a more accurate fault distribution, ensuring you receive the compensation you deserve.

Trial Considerations

If your case goes to trial, the jury will determine the fault percentages. California’s pure comparative negligence system allows you to recover damages even if you are primarily at fault. For instance, if you are 90% at fault, you can still recover 10% of your total damages. This aspect encourages fair compensation based on the actual circumstances of the accident.