Many people in Milpitas, California are injured in accidents each year. While some of these accidents are not caused by anyone else, others result because of the negligence or carelessness of other people or entities. If you have suffered injuries in an accident that someone else caused, you may be entitled to recover damages for your losses.
Talking to an experienced personal injury lawyer in Milpitas at the San Jose Personal Injury Attorneys might help you to understand your rights and legal options. If you have been injured contact our experienced attorneys will aggressively fight for you!
Call us 24/7 for a free consultation: (408) 217-1778
Understanding Personal Injury Law
Personal injury law is a type of civil law that covers situations in which people suffer harm because of the negligent or intentional acts of others. This area of the law allows people to hold those who caused their accidents and injuries accountable for their actions while also recovering monetary damages to compensate the plaintiffs for their losses. Many types of personal injury claims can be filed.
The experienced attorneys at the San Jose Personal Injury Attorneys can handle most types of injury and wrongful death claims for people in Milpitas.
What Is Negligence?
Most personal injury claims involve proving negligence. Negligence occurs when someone acts (or fails to act) in a way that a reasonable person would not, resulting in harm to another. To recover damages in a personal injury claim based on negligence, you must prove all of the following elements:
Duty of Care:
The defendant owed you a legal duty to exercise reasonable care under the circumstances. This duty can vary depending on the relationship between the parties and the specific situation. For example, drivers owe a duty of care to other road users to drive safely.
Breach of Duty:
The defendant's conduct fell below the standard of care that a reasonable person would have exercised in the same situation. This could involve actions like speeding, texting while driving, or failing to maintain a safe property.
Damages:
You suffered actual harm or losses as a result of the defendant's negligence. This could include medical expenses, lost wages, pain and suffering, and other related costs.
Causation:
The defendant's breach of duty directly caused your injuries. This means there must be a clear link between the defendant's negligent actions and the harm you suffered.
Proving all of these elements can be complex and requires a thorough investigation and legal expertise. If you believe you have been injured due to someone else's negligence, it's crucial to consult with an experienced personal injury lawyer in Milpitas who can help you understand your rights and options.
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Types Of Compensation
There are several types of compensation that might be recovered in a personal injury case. A good lawyer will not provide a quote to people who call and ask how much their particular type of case might be worth. This is because the amount of compensation that might be available to you will depend on several factors, including the extent of your injuries, the defendant’s conduct, your likelihood of recovering, the available sources of recovery, and other factors.
Depending on what happened, compensatory and punitive damages might be available. The compensatory damages that may be available in a personal injury claim include compensation for economic and noneconomic losses. Some of the types of compensatory damages that might be recoverable include the following:
- The cost of your past, current, and future medical care to treat your injuries
- Rehabilitation and therapy costs
- Your past, current, and future lost wages
- Property losses
- Physical pain and suffering
- Mental anguish or emotional trauma
- Disfigurement and scarring
- Reduction in your ability to enjoy life
- Disability
- Loss of consortium or guidance
- Lost inheritance rights in wrongful death cases
- Funeral and burial expenses in wrongful death cases
- The amounts that a deceased victim might have earned over his or her lifetime in a wrongful death case
While compensatory damages are awarded to compensate people for their losses, punitive damages are meant to punish defendants for engaging in particularly egregious actions. Because of this distinction, punitive damages are rarely awarded. If they are, they are payable on top of any compensatory damages that you might recover. An example of the type of case in which punitive damages might be awarded could include a drunk driver who purposely hits another vehicle head-on, seriously injuring some passengers and killing others.
Why you should hire a personal injury lawyer
After a personal injury accident, you should hire a personal injury lawyer for help. Experienced attorneys understand the types of defenses that insurance companies try to raise to defend against injury accident claims. A personal injury attorney may be more familiar with the recent case law and statutory changes that could impact your case.
It is common for insurance companies to try to settle with accident victims directly before they have a chance to hire an attorney. This is because the companies will try to take advantage of the victims to get them to accept unreasonably low offers. Companies understand that people who are represented by experienced lawyers have a better understanding of the value of their claims and can build stronger cases.
Get help from a personal injury lawyer in Milpitas
If you have been injured in an accident in Milpitas that was caused by someone else, hiring a local attorney can make the difference in the outcome of your claim. An attorney who regularly handles cases in the area might know the defense bar and the judges. This can provide your lawyer with a better idea of the approaches to take. Contact the San Jose Personal Injury Attorneys today to learn about your potential claim in Milpitas by calling (408) 217-1778
