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Every time you get behind the wheel of your car, perform your job duties, or shop at your local grocery store you expect to be safe. However, accidents can happen anywhere, including in the peaceful city of Rialto. When they do, you may suddenly find yourself dealing with accumulating medical bills and lost wages, not to mention the physical pain of injury.
At ElDabe Ritter, we are dedicated to helping accident victims get back on their feet. For help pursuing a legal claim against the at-fault party in your accident, contact us today to discuss your case with an experienced Rialto Personal Injury Attorney.
Compensation Available to Injured Victims
A personal injury claim may be resolved through an insurance settlement or court-ordered award. Regardless of how your case ends, California laws allow you to receive compensation for all the losses you suffered as a result of the accident. A personal injury victim may receive three types of damages, which are:
- Special damages – These are actual expenses, such as medical bills, lost wages, rehabilitation, and property damage.
- General damages – These cover subjective losses, such as pain and suffering, embarrassment, emotional distress, and loss of joy.
- Exemplary damages – These are unique damages awarded when the at-fault party acted out of gross negligence or malice.
Should a personal injury cause a victim’s death, the deceased person’s dependents may receive death benefits to cover funeral expenses and other losses.
Proving Negligence in a Personal Injury Case
To receive the damages discussed above, you must prove that the defendant acted negligently and, in doing so, caused you harm. This involves establishing the following four elements of negligence:
- That the defendant owed you a legal duty of care
- That they breached this duty through their actions or inactions
- That this breach was the direct cause of your injuries
- That you suffered damages from the accident
Should you fail to prove these elements, your case will be unsuccessful, which is why you should entrust your claim to a Rialto Personal Injury Attorney.
Comparative Liability in California
California is a pure comparative liability state, which means that both the defendant and plaintiff may be held accountable for their part in the accident. In some cases, the defendant will try to limit, reduce or eliminate their ability by claiming that the plaintiff contributed to their injuries. When this is proven in court, the plaintiff will be awarded a percentage of the initial settlement amount.
For example, if the plaintiff is found 45 percent to blame for the accident, they will receive 55 percent of the settlement. A plaintiff who is 50 percent at fault does not receive compensation.
Contact a Rialto Personal Injury Attorney Today
Although accidents do happen, you don’t always have to bear the resulting burden on your own, especially if you were not at fault. A knowledgeable Personal Injury Attorney in Rialto can help you investigate, file, and pursue a personal injury claim.
In the last few years, El Dabe Ritter has recovered over $50 million in combined settlements for our clients. We value and protect the legal rights of everyone whose case we handle, which is why we are the number one personal injury firm in California.
If you have been injured in an accident through no fault of your own, contact us at 888-539-6810 to schedule a consultation today.
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