Personal Injury AttorneyTustin, CA

California follows a comparative negligence system, which means that even if you are partially at fault for an accident, you may still be able to recover compensation for your injuries. However, your compensation may be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault for your injuries caused a car accident and the total damages amount to $100,000, your compensation would be reduced by 20% to $80,000.

To prove negligence in a personal injury claim, the following elements must be established:

1. Duty of Care: The defendant owed a duty of care to the plaintiff. For example, drivers must operate their vehicles safely and follow traffic laws.

2. Breach of Duty: The defendant breached their duty of care by acting negligently or recklessly. This could include speeding, texting while driving, or failing to maintain safe premises.

3. Causation: The defendant’s breach of duty caused the plaintiff’s injuries. It must be shown that the injuries would not have occurred if not for the defendant’s actions.

4. Damages: The plaintiff suffered actual damages, such as medical expenses, lost wages, pain and suffering, or property damage due to the defendant’s actions.

Yes, you can still file a personal injury claim even if you were partly at fault for the accident. As mentioned earlier, California follows a comparative negligence system, which means your compensation may be reduced based on your percentage of fault. It is essential to consult with an experienced personal injury attorney who can assess the circumstances of pedestrian accident and your case and determine the best course of action.

At Oracle Law Firm | Accident & Injury Attorneys, personal injury cases are handled on a contingency fee basis. This means you do not have to pay any upfront fees or expenses. Instead, the attorney’s fees are contingent upon successfully recovering your compensation. If they successfully receive monetary compensation by obtaining a settlement or winning your case in court, they will take a percentage of the recovered amount as their fee. This arrangement allows injured individuals to access legal representation without worrying about the financial burden.

To strengthen your California personal injury claim, consider taking the following steps:

1. Seek Medical Attention: It is crucial to seek immediate medical attention for your injuries. Not only is this important for your health, but it also establishes a record of your injuries and their connection to the accident.

2. Document Evidence: Collect and preserve any evidence of your accident, such as photographs, witness statements, accident reports, and medical records. This evidence can help support your claim and prove liability.

3. Consult with an Experienced Personal Injury Attorney: A skilled personal injury attorney can guide you through the legal process, handle negotiations with insurance companies, and ensure your rights are protected. They can also help gather additional evidence and expert witnesses to strengthen your case.

4. Keep Records: Keep a detailed record of all medical expenses, lost wages, and other damages you have incurred due to the accident. This documentation will be crucial in determining the value of your claim.