Not every injury in California qualifies for a lawsuit. But you can recover the compensation for damages caused by the carelessness of someone else if you prove it. It means the defendant didn’t take the proper steps to ensure your safety.
There are 4 elements in negligence, including:
• The defendant owes you a duty of care.
• Breach of duty.
• Breach caused you injury.
• Injury leads to damages.
Proving all these elements is important to build a strong personal injury case. So, it would be wise to hire a skilled injury attorney in Los Angeles to evaluate the specifics of your case and determine whether you have a valid claim.
What is Duty of Care?
California law imposes a “duty of care” on people which means to act responsibly as a careful person. Your duties depend on different situations like:
• Daycare centers have a duty of care to look after kids.
• Drivers have a duty of care to follow traffic rules to not create any unreasonable risks of accidents.
• And others.
Breach of Duty
Under California law, you need to prove that the defendant violated their duty of care. You will know the defendant breaches their duty of care if:
• They do something that a responsible person would not do in a similar situation.
• Fail to do something a responsible person would have done.
If any person’s breach of their duty caused you any harm, then they were responsible for it.
Causation
Even if you proved that the defendant breaches his or her “duty of care”, you still have to show that your injuries were caused by that breach. Usually the evidence in negligence cases includes – pictures and videos of accident scenes, eyewitnesses, medical records, etc.
Damages
Even if you’ve proved that the defendant breached their duty of care, you must also prove that this breach directly caused your injury. In some cases, like a pedestrian breaking a limb after being hit by a car, fault can be determined easily. However, in complex cases like medical malpractice, proving causation can be much more challenging.
Consult with a Reliable Injury Attorney in Los Angeles
We know it is quite complex to prove other person’s fault and it requires a deep investigation. That’s why you should consult with a qualified and skilled injury attorney in Los Angeles. A lawyer can help you examine your case and prove the other party’s negligence on your behalf.
We at Kaye Law Offices have a track record of over 10, 000 successful cases. We serve clients across California to recover compensation for injuries caused by the carelessness of someone else. We can help you also explore all your legal options and pursue the best outcomes for your injury claim.