If you suffer a personal injury, your life has likely significantly changed. While there are many causes of personal injuries, all defendants who caused the injury should be held responsible. Allow a Glendale personal injury lawyer to help recover potential damages from the defendant.
An experienced attorney knows who to sue and how to present the best case possible. Call today to learn more about how to get started filing a claim today.
Establishing Liability for A Personal Injury
The first step to recover for a personal injury is proving the defendant is responsible for the injuries. A defendant is liable when they act negligently or intentionally, and that act results in the plaintiff’s injuries.
When a defendant acts intending to commit an act against the plaintiff, they are responsible for any injuries resulting from their actions. The defendant does not have to plan to injure the plaintiff to be held accountable for the injuries.
A defendant had intention when they intended the consequences of the act, or they knew what would result from their actions. Once the act occurs, the defendant is responsible for anything that results from the initial act, including personal injury or property damage.
A defendant acts negligently when their actions are unreasonable given the circumstances of the situation. Under California Civil Code §1714, a defendant is liable when they act with a lack of ordinary care or skill, and their actions result in personal injury to the plaintiff.
The defendant’s actions are judged by what an average or reasonable person would have done in the same circumstances. If the defendant acted unreasonably and the plaintiff’s injuries resulted from their actions, the defendant is liable. Establishing the defendant’s negligence caused the plaintiff’s personal injury, so contacting a Glendale attorney could help the plaintiff prove their case.
Plaintiff’s Negligence Reduces Overall Recovery
The plaintiff does not escape responsibility simply because their injury resulted from the defendant’s actions. Under state law, the plaintiff is held liable for any contribution their actions had to their injuries. Therefore, a plaintiff’s negligence is taken into account when final damages are calculated.
The state’s law is a pure negligence standard. Under pure negligence, a plaintiff’s recoverable damages are reduced in proportion to the plaintiff’s contribution to the injuries. Therefore, if the plaintiff was 25 percent negligent in the incident, their damages are reduced by 25 percent.
The same negligence and intentional standards for proving a defendant is at fault for the plaintiff’s injuries apply to the establishing plaintiff contributed to the incident. The burden of proving the plaintiff contributed to the incident is on the defendant. An experienced attorney in Glendale could help minimize plaintiff’s avoid comparative negligence during their personal injury lawsuit.
Meet with a Glendale Personal Injury Attorney
You should not let a defendant get away with causing your life-changing injuries. The law provides you an avenue to pursue damages and hold the defendant responsible for their actions. Start with hiring a skilled Glendale personal injury lawyer to help establish your right to recover damages.
Consult with our firm today to determine the best path to recovering for your injuries. A skilled attorney could help you avoid liability while maximizing your recovery. Our team of experienced legal professionals may be the extra edge your case needs to be successful.