If you are injured in California, then the issue of negligence might come up. This means that someone else caused the accident and is responsible for compensating the injured party for their damages. There are four legal elements of negligence that must be in play for a personal injury claim in California.
Remember that the easiest way to find out if you likely have a case is to contact a personal injury attorney for a free legal consultation. You can call Law Offices of Fernando D. Vargas at 909-982-0707 now for help.
- Duty First and foremost, you must be able to show that there was a duty of care from the at-fault party to the injured party. This duty sometimes comes from a special relationship such as parent and child or employer and employee. However, some people have a duty of care to the general public, such as anyone who gets behind the wheel of a car. Property owners also have a duty of care to anyone who is lawfully on their property.
- Breach of Duty of Care Once you have shown that the at-fault party had a duty of care to the injured party, it must be shown that the defendant breached that duty of care. In the case of a car accident, for example, this might involve showing that the at-fault party was not following the law or was drinking and driving. In a slip and fall case, it might involve showing that the owner of the property knew there was a hazard and did not take appropriate steps to remove the hazard or warn the injured party.
- Causation Just because a person did not live up to their duty of care does not mean that they are at fault for the accident. That is why the third step is to show that the accident and/or injury was caused by the breach of duty of care. For example, if a homeowner has a hazard on their property and the injured party slipped and fell, their attorney would still need to connect the dots to show that the hazard was the cause of the injured party’s fall.
- Damages Finally, when you have proven that the breach of duty of care caused the accident, you must prove the damages. This can include property damage, medical costs, lost wages, pain and suffering, and more. If the at-fault party caused an accident, but there were no damages, then there is nothing to sue for.
Do you have questions about personal injury cases? Do you believe you might have a case? Then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
