Accidents are inevitable in life. After some accidents and injuries, the law might give you the right to seek compensation for your losses. Always speak with a law firm that handles injury claims about a possible case.
What Makes a Personal Injury Claim?
There are four elements that one must establish to successfully pursue a personal injury claim in California, and these are as follows:
- Duty of Care. The injured person seeking compensation for their injuries is referred to as the “plaintiff” in a personal injury case. Before filing the personal injury case, the plaintiff must show that the person who caused an accident or injury the plaintiff suffered had a duty of care. This means the person against whom a claim is made has a responsibility for the welfare of the plaintiff.
- Breach of Duty. The plaintiff will next have to show that the individual or entity that had a duty breached that duty – meaning that they failed to act responsibly consistent with the duty of care.
- Injury. The plaintiff must next show that they were injured because of the breach of this duty by the other person or entity and
- Causation. The breach of duty was the proximate cause of the injury, meaning, the injury would not have occurred but for the failure of the other person to act responsibly, as required of anyone in their position.
Types of Accidents that Might Lead to a Personal Injury Claim
According to the California Highway Patrol, 3,904 people were killed in California road and highway accidents, with 277,160 sustaining injuries of varying degrees in a recent year. If you add numbers from all other accidents, including workplace accident injuries, these accidents become one of the leading causes of deaths and injuries in not only California but across the nation as well.
The leading types of accidents in California that might result in a personal injury case include:
- Car and Truck Accidents: Automobile and truck accidents are a leading cause of personal injury claims in California. A car or truck accident can often leave victims with serious injuries if they survive the accident. The associated costs of treatment and medical care are something many victims cannot afford to pay. This is the reason why personal injury law exists – to allow those who have been injured because of other’s negligence to seek and obtain compensation for the injuries. If you have been injured in a car or truck accident, we have experienced personal injury lawyers at The Cartwright Law Firm, Inc. that can assess your case and provide guidance on the best way forward to seek and obtain maximum compensation for your injuries.
- Boating Accidents. Boating accidents are common in California and happen in various settings such as sailboat collisions, ferry mishaps, loading dock accidents, surfers being hit by boaters or jet skiers, passengers being hit by other boats, and so on. When any of these happens, serious injuries are suffered by the victims who, in turn, suddenly have unexpected medical bills and other costs related to the accident, including loss of income. A personal injury claim can help the victim recover these losses.
- Motorcycle Accidents. Many people enjoy riding motorcycles on California roads and highways. Unfortunately, many of them get involved in accidents that result in serious injuries and even death. There has been a tendency among some jurors to wrongly assume that motorcyclists must have been at fault in an accident, given the popular culture which depicts motorcyclists as daredevils who engage in risky behavior such as speeding and riding dangerously. Speak with experienced motorcycle accident lawyers who will quickly jump into action to effectively dispel such myths and misconceptions about motorcyclists by investigating, preparing, and filing a solid personal injury claim that can bring the outcome the victim deserves.
- Bicycle Accidents. Bicycles have always been popular for many people, and in the Bay Area, you can not go far before you see someone riding a bicycle. People are no longer just riding bicycles to run short errands or to work or school near their homes, but they are also using bicycles to exercise and to generally enjoy nature outside. The increased use of bicycles, unfortunately, comes with it a higher number of accidents involving bicycles which can often result in serious injuries or even death.
- Slip and Falls. Some people minimize these accidents and the injuries that result. The fact is slip and fall injuries are real, and this type of quick accident can cause serious and lasting injuries. Slip and fall accidents might happen when the owner of a property or building leaves a place accessible to the public with hazards that cause visitors going through the area to slide and fall, suffering serious injuries.
- Defective products: Manufacturers and those who make products available for purchase to the public are required by law to make sure that their products are safe for use as intended. If a product is defective or is not accompanied with adequate instructions on its safe use can result in an accident that causes serious injuries. Under these circumstances, the manufacturer and possibly even those in the chain of distribution can be held liable for injuries suffered because of the victim using the product that was defective.
Call a San Francisco, CA Personal Injury Attorney
If you have been injured in an accident involving any of these situations or other circumstances, it is important that you talk to an experienced personal injury attorney who can guide you through the process of seeking and obtaining compensation for your injuries.
Those who caused the accident will likely have insurance, and the companies that provide this insurance have professional adjusters who may want to settle your case for less than what it is worth.
This will not happen with an experienced accident attorney from The Cartwright Law Firm, Inc., on your side. We strive to get accident victims the maximum compensation possible, so please contact us today for a free case review.
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