Downey Car Accident
Compensation and Downey Car Accidents
In the aftermath of a car accident in or around Downey, California, a person is likely in need of compensation in a number of areas. These areas of compensation include:
- medical bills
- pain and suffering
- emotional distress
- lost income
- permanent injury or disability
Making a case for an appropriate level of compensation requires a proper strategy and tenacity, a level of experience that is found in the efforts of Downey car accident lawyers.
In addition to current losses experienced by a person injured in car accidents, the need for compensation for future losses is very real. Making the case for future losses can be a complex matter. It is best accomplished through the help of attorneys well versed in working on behalf of victims of a car accident.
Understanding Punitive Damages
Downey car accident lawyers are vitally helpful in a lawsuit when the possibility for punitive damages exist. Indeed, in the absence of qualified legal counsel, garnering punitive damages likely would not be possible.
Punitive damages are extra compensation above and beyond what is paid for essentially injuries, damages, and losses. In addition, punitive damages are designed to provide a level of punishment for a person who causes an accident because of particularly reckless conduct.
For example, take the case of a store owner. The owner is aware of a dangerous protrusion out of a wall, a sharp object that previously injured and customer, and could be prepared and rectified simply and inexpensively. The owner does nothing. Someone else is injured. Punitive damages could be possible, and a capable personal injury attorney would make a strong case for them.
Car Accident Lawsuits
Car accident lawsuits are complicated matters. In the absence of experienced Downey car accident lawyers, a lawsuit can very easily go off the rails. From the very beginning of a lawsuit, when it is commenced, the California Code of Civil Procedure requires certain milestones to be met. If these milestones are not met, a case can be dismissed.
Throughout the course of a personal injury lawsuit, the plaintiff must meet certain requirements, including deadlines and court appearances. Yet again, falling short regarding one or another of these milestones can have dire consequences for a lawsuit.
The laws on the books in the state of California require three elements to be satisfied to demonstrate that another driver is legally liable for damages in a car accident first.
- A demonstration must be had that a duty of care exists. That actually is quite simple in the case of a car accident. A person operating a motor vehicle on a public roadway has a duty of care. That duty is to operate the automobile in a reasonably safe manner.
- In order to prove negligence exists, a demonstration must be made of a breach of that duty of care. For example, if a driver speeds through an intersection, against a red light, that conduct would be deemed a breach of duty of care.
- Finally, the breach of the duty must be the proximate cause of the accident and injuries sustained by someone else. For example, if a pedestrian is walking lawfully across the intersection and is hit by the speeding driver going against the light, the accident and the injuries sustained would be proximately, or legally, caused by the conduct of the automobile driver. The accident and injuries would be the result of the breach of the duty of care owed by the motorist.
Retain Qualified Downey Car Accident Lawyers
The El Dabe Ritter Trial Lawyers is home to attorneys with extensive experience representing clients in car accident cases. The legal team at Downey Car Accident Lawyers will schedule an initial consultation with an injured person at no cost.
An attorney from the firm will offer a preliminary case evaluation at an initial appointment with a person injured in a car accident because of someone else’s negligence. For a free consultation call us at 888-542-6021.
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