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Proving A Personal Injury Claim
Winning a personal injury claim requires proving that the other party was at fault. This involves demonstrating four key elements.
- Duty of care: The defendant was legally responsible for acting reasonably to prevent harm. For example, drivers must follow traffic laws, and property owners must maintain safe premises.
- Breach of duty: The defendant failed to uphold their duty of care through negligent or reckless behavior, like speeding, failing to repair dangerous conditions, or ignoring safety protocols.
- Causation: You must show that the defendant’s breach of duty directly caused your injuries. This often requires evidence linking their actions (or lack thereof) to the harm you suffered.
- Damages: Finally, you must demonstrate that you suffered actual losses, such as medical bills, lost income, or emotional distress, due to the incident.
Our firm meticulously investigates each case to gather evidence, identify liable parties, and build a strong foundation for your claim.
Trusted Advocacy, Proven Results.
Real Stories from Real Clients
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Colleen O'Hara's dedication and strategic brilliance turned a life sentence into a second chance, proving her unmatched expertise in post-conviction relief and litigation.- Carlos I.
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With gratitude and admiration, this client thanks Colleen O'Hara for her compassionate support and dedication, forever grateful for her heartfelt assistance.- Alejandra G.
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Colleen O'Hara’s unwavering commitment and relentless efforts turned a difficult case into a victory, bringing freedom and joy back to this family.- Desiree O.
What Compensation Is Available in Injury Cases?
If you have been injured, you may be entitled to several types of compensation under personal injury law.
- Medical expenses: This includes costs for immediate emergency care, ongoing treatments, physical therapy, medications, and assistive devices.
- Lost wages and future earnings: If your injury prevents you from working, you can seek compensation for lost income during recovery and diminished earning capacity in the future.
- Pain and suffering: This compensates for physical pain, emotional distress, and reduced quality of life caused by the injury.
- Punitive damages: In cases of egregious misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar negligence.
Every case is unique, and our attorney is committed to identifying the full scope of damages available to pursue maximum compensation.
Understanding California's Pure Comparative Negligence System
When a personal injury case goes to court or settlement negotiations, the fault for the accident may be divided among the parties involved, often expressed as a percentage. Each party’s degree of fault is carefully assessed based on evidence like witness statements, medical records, accident reports, and expert testimony.
If percentages are assigned, your compensation is adjusted downward to reflect your share of responsibility for causing the accident.
Imagine you are in a car accident caused by a driver running a red light. However, the evidence shows that you were speeding at the time, contributing to the collision's severity. After the investigation, it was determined that the other driver was 80% at fault, while you were 20% at fault.
If your total damages amount to $100,000, your compensation would be reduced by your percentage of fault. This means you would receive 80% of the damages, or $80,000, instead of the full $100,000.
Insurance companies often try to overstate your percentage of fault to reduce the compensation they have to pay. This is why having skilled legal representation is critical. Our attorney can fight to minimize your share of fault while maximizing the damages awarded. We fight to make the comparative system work fairly for you, helping you recover the compensation you deserve.
