People are injured in many different types of accidents every year in Mountain View, California. While some injury accidents are not caused by the careless or reckless actions of other people or entities, some accidents and personal injuries are caused by the negligence of other parties.
If you have been injured because of the negligence of another person or company, you should get help from an experienced personal injury lawyer in Mountain View at the San Jose Personal Injury Attorneys. Our lawyers handle all types of personal injury cases and are dedicated to helping people who have been injured by the negligence of others to recover full compensation for their losses.
Call us 24/7 for a free consultation: (408) 217-1778
What Is A Personal Injury Case?
A personal injury claim is a type of case under the state’s civil tort law that allows people who have been injured by the negligent or wrongful actions of others to recover damages. Tort law covers many different types of personal injury claims, including the following:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Scooter accidents
- Boat accidents
- Slip and fall claims
- Construction site accidents
- Dog bites
- Defective products cases
- Wildfire injuries
- Nursing home neglect
- Wrongful death
To win most personal injury cases, a plaintiff will need to prove that the defendant acted negligently. The plaintiff will also need to prove that the defendant’s negligence was the proximate or direct cause of his or her injuries and that the plaintiff suffered harm as a result.
Dog bite claims are an exception in California, however. If you have suffered injuries because someone else’s dog bit you in public or while you were legally visiting the private property of someone else, the dog’s owner will be strictly liable. This means that you will not have to prove that the dog’s owner was negligent to recover damages.
Liability In A Personal Injury Case
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Determining liability or fault in a personal injury case is critical to its outcome. While only one party might be at fault in some types of injury accidents, multiple parties might share fault in other cases. It is important to identify all of the contributing factors and the responsible parties in an accident to recover all of the compensation that you are entitled to receive.
Determining Liability in a Personal Injury Case:
- Importance of Determining Liability: Identifying all responsible parties in an accident is crucial to recover the full compensation you are entitled to.
- Shared Fault: In some cases, multiple parties can share fault in an injury accident.
- Jury's Role: If a case goes to trial, a jury decides the percentage of fault for each party involved.
- Unidentified Defendant: If a party at fault isn't named as a defendant, you cannot recover the portion of damages allocated to them.
If your case goes to trial, a jury will determine the percentage of fault to allocate to each party who contributed to your accident. If one of the parties is determined to be at fault for causing your accident was not named as a defendant, you will not be able to recover the percentage that is allocated to him or her.
Comparative Fault In California
California is a pure comparative fault state. This means that if you shared some of the fault for your accident, you can still recover damages. Your award will be reduced by the percentage of fault that the jury assigns to you.
For example, if the jury assigns 40% of the blame for causing your accident to you, your gross award will be reduced by 40%. Because of how comparative negligence or fault works, insurance companies may try to assign some or all of the blame to you to reduce or avoid liability.
Your lawyer may work with experts and investigators to build a strong case showing that the defendants to your lawsuit were at fault. By building a strong case, your attorney might be likelier to convince the defense lawyers that agreeing to settle the case for a fair amount is in their clients’ best interests instead of risking a loss at trial.
Why You Should Work With An Experienced Lawyer
While you can represent yourself in a personal injury lawsuit, it is rarely a good idea. Insurance companies have many defense lawyers with whom they contract. If you try to litigate your case without help, you will be expected to understand the law just as well as the defense team that is fighting against your claim.
Hiring an experienced personal injury lawyer in Mountain View to handle your claim can help you to avoid making critical errors that could harm the value of your claim and your ability to win. A lawyer can handle the negotiation and litigation processes for you while you concentrate on getting better after being injured.
Contact San Jose Personal Attorneys
If you have suffered injuries in an accident in Mountain View because of the negligent actions of another person or entity, getting help from a competent and qualified attorney can make the difference in the success of your claim. Contact the San Jose Personal Injury Attorneys today to schedule a free consultation by calling (408) 217-1778
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Car Accident | Drunk Driving Accident | Government Vehicle Accident| Rear End Accident | Rollover Accident | Cell Phone Accident | Taxi Cab Accident | Teen Driving Accident | Uber Accident | Hit-and-Run Accident | Rideshare Accident | Bus Accident | Hit and Run Accident | Motorcycle Accident | Pedestrian Accident | Semi Truck Accident | 18-Wheeler Accident | Commercial Vehicle Accident |