While some accidents are truly blameless, most are the result of someone’s negligent or wrongful actions. When this is the case, injured victims may have grounds to file a personal injury claim or lawsuit against the party that caused the accident.
Regardless of how you were injured, you may have a case if you can prove the following:
- Another person or party, such as a business or manufacturer, had a legal responsibility to act reasonably and take certain measures to prevent injuries/harm (known as a “duty of care”)
- The other person or party failed to uphold the duty of care, either by acting negligently, wrongfully, illegally, or intentionally causing injury or harm
- You were injured and suffered measurable damages, such as medical expenses, pain and suffering, lost income, diminished quality of life, etc.
- The other person or party’s negligent, wrongful, unlawful, or intentional conduct was the direct or proximate cause of your injuries and damages
In California, you still have grounds for a personal injury claim or lawsuit if you share some of the fault for the accident. Under the state’s pure comparative negligence rule, you can seek compensation for your damages regardless of your degree of fault, as long as you can prove that the other party was at least 1% to blame. However, if you are found to be partly at fault, your total recovery will be reduced by your at-fault percentage. So, if the court finds you 25% to blame for the accident or incident that caused your injuries, you will only be able to recover up to 75% of your total damages.
Our attorneys are prepared to gather all available evidence and submit necessary documents, forms, and paperwork on your behalf. As your legal team, we will handle every detail so that you can focus on what matters most: getting the treatment, care, and rest you need.
When you choose KJT Law Group, you get a team that will fight for you.
Let our experienced attorneys lead the fight. No case is too small and no odds are too daunting for us to roll up our sleeves, go to work, and win for our clients.