- How do I know if a motorcycle helmet is acceptable under my state’s helmet law?
- In a case with multiple heirs, how are damages divided?
- Will My Health Insurance Coverage or Paid Sick Leave from Work Limit My Recovery For My Motorcycle accident?
- Is There Anyone Other Than the Drivers and Passengers Involved in a Motor Vehicle Collision That I Could Sue for My Damages?
- Will My Attorney Need To Retain Experts To Prove Liability And Damages Even Though My Injury Is So Obvious?
- Who can sue for an amputation injury?
Whittier Personal Injury Lawyers
- October 3, 2016
Whittier Personal Injury Lawyers: Protecting Clients After Accidents
Proving an Accident Case
There exist three foundational elements that must be proven in any type of negligence case, according to California law. In order to demonstrate negligence in an accident that caused personal injuries, a demonstration must be made that a duty of care existed, that the duty was breached, and that the breach caused the injuries sustained by the victim of the accident. The connection between the breach of duty and the injuries sustained legally is known as proximate cause.
A slip and fall case provides a solid idea of how the three elements of negligence work. A grocery store owner has a duty of care to keep the floors of a store clean and safe.
The duty of care is breached if a liquid spills onto the floor, their is knowledge of the spill, and nothing is done to clean up the mess. If store personnel do not have actual knowledge of the spill, the duty is still breached is they should reasonably have known of the spill.
Finally, if someone slips on the spill, falls to the floor, and is injured, that breach of duty is the proximate cause of the breach of duty. On the other hand, if by some strange happenstance, a shopper sees the spill, does not slip, and yet has a heart attack out of an immediate fear that he or she could have slipped, establishing proximate cause would be far harder. A heart attack in this manner, without a fall, likely is not something that a reasonable store staff member reasonable could have anticipated because of a spill on the floor.
The bottom line regarding establishing negligence in a personal injury case is that the process of doing so can be tough. In the final analysis, only skilled Whittier personal injury lawyers are in a position to make a case of negligence in a legally sufficient manner. The typical layperson may be highly intelligent, but not even realize how necessary this phase of the case is in the grand scheme of things.
Why Insurance Claims are Challenging
Whittier personal injury attorneys also provide invaluable assistance in pursuing insurance claims. Insurance companies are in operation to make money for shareholders, not to pay money to victims of accidents. Indeed, insurers want to keep claim payments as low as possible to increased profits. This reality makes the insurance claims process challenging in many cases.
How do Personal Injury Lawsuits Work?
Personal injury lawsuits begin with filing appropriate paperwork in court to initiate a case. This paperwork is complicated and needs to be prepared correctly. Experienced personal injury lawyers are best suited for this task. Time and again, laypersons attempting to pursue a lawsuit on their own cannot even get out the gate because of mistakes in preparing the preliminary paperwork.
Maximizing Compensation After an Accident
A personal injury lawyer is also in the best position to assist an injured person in maximizing compensation. As a general rule, an injured person is entitled to compensation for:
- medical bills and expenses
- pain and suffering
- lost wages
- emotional distress
- permanent disability
- property damage
Typically, an injured person is entitled to more than just compensation for current losses. An injured person is entitled to compensation for future losses, reasonably expected to be incurred, as well.
How to Hire a Whittier Personal Injury Lawyers
A person injured in an accident because of the negligence of a third party in need of Whittier personal injury lawyers should schedule an initial consultation with the El Dabe Law Firm. An attorney from the firm will schedule an initial consultation with an injured person at his or her convenience. There is no charge for an initial consultation with an injured person.