Leading Personal Injury Attorneys Serving San Jose, CA
Obtain the support of a law firm with a track record of successful cases.
The law in California permits those who have been injured in the course of an accident caused by another to seek financial compensation for their injuries. When liability and negligence can be established, victims are entitled to financial compensation for their loss of wages, medical expenses, and more. In all cases, an injured victim should be compensated with monetary damages for the loss of quality of life, and emotional distress suffered as a result of the accident.
Unfortunately, receiving fair compensation in personal injury cases is rarely easy. Consequently, obtaining the best legal representation from a leading personal injury lawyer serving San Jose, CA is highly recommended.
Representation From a Dedicated Law Firm Can Make a Difference
Victims always encounter challenges when filing a personal injury claim after their accident. Depending on the type of accident and the facts surrounding the case, establishing liability and negligence can be difficult. With the support of a well-versed law firm, however, full and fair financial compensation can be secured.
The award-winning litigators at Callaway & Wolf have served in the personal injury field for many years. With compassion and dedication, the firm is committed to ensuring their clients obtain the highest amount of compensation available. To obtain a complimentary consultation with Callaway & Wolf, consider filling out their online contact form today.
Determining Fault in Personal Injury Cases
In every personal injury case, it is critical to establish fault, or liability, i.e., who caused the accident? This issue is a key threshold in personal injury cases because once established, the liable party will be held responsible for the injured victim’s damages.
Determining fault in personal injury cases can be challenging, particularly because the State of California follows the theory of comparative fault. The comparative fault doctrine was designed to allow all relevant criteria in apportioning liability to be considered. In personal injury cases, the at-fault party can assert contributory negligence as a defense. Depending on the evidence, fault can be attributed on a percentage basis to the injured victim, the accused party, or other parties. Apportionment of responsibility is an issue that will be addressed in court.
Using Negligence to Establish Fault
Accidents can happen for many reasons, but they generally occur as a result of someone’s negligence. Negligence can be described as a behavior that has fallen below the standard expected of a reasonable party. It can be an action or inaction that has resulted in the injury of another person. To hold a party responsible for an accident, negligence must be established. This will require an assertion of the following legal elements in a personal injury claim:
- Duty of Care – When determining negligence, the first element that should be determined is whether the at-fault party owed the victim a legal duty of care. There are certain situations where a duty is created when there is a relationship between the victim and the at-fault party. A legal duty of care arises when the law recognizes the relationship between both parties. As a result of this relationship, the at-fault party would have had the responsibility to exercise a level of care another reasonable party would have exercised in a similar situation. Every motorist, for example, owes this duty to others on the roadway.
- Breach of Duty – The second element that must be established is whether the at-fault party breached his or her duty of care by acting or failing to act in a manner that an average party would in a similar situation. A court may find the at-fault party negligent if another reasonable party:
- Knew what the at-fault party knew at the time of the accident; and
- Would have known taking an action or failing to act could cause in the injury of another; and
- Would have taken a different action than the at-fault party in a similar situation.
- Causation (Cause-in-Fact) – Causation is the third element required to establish negligence. This requires that the injured victim prove that the at-fault party’s breach of duty resulted in his or her injury and damages. It should be noted that foreseeability is important in personal injury cases. If the action that caused the injury occurred as a result of an unexpected event, then the accused party will not be held liable as this will be deemed unforeseeable. In-vehicle collision cases, causation issues usually arise in the area of claims that a pre-existing condition is to blame for the symptoms claimed.
- Proximate Cause – This is an event related to the injury that has been deemed to be the cause of the injury. Proximate cause is an action that resulted in foreseeable consequences, without the intervention of any other party. Accused parties will not be held responsible for the injuries caused in an accident they did not contribute to. In California, courts follow the “substantial factor” test to determine causation. Actions are the proximate cause of another person’s injury when those actions were a substantial factor in causing the injury. This is a lower standard that is helpful for injured persons in California.
- Damages – It is necessary for injured victims to prove the damages they have incurred as a result of the at-fault party’s negligence. To recover monetary compensation, proof of the following must be provided:
- Medical costs,
- Treatment bills,
- Loss of wages,
- Emotional distress,
- And more
Request a Free Consultation From a Leading Personal Injury Law Firm
After an injury that was caused by another’s negligence, it is important to seek the legal support of an attorney who is recognized for excellence. Insurance companies typically pay more when the victim is represented by a firm with a strong reputation. The financial compensation obtained from a successful claim can provide an injured person the support needed to get their life back on track.
At Callaway & Wolf, helping those who have been injured as a result of another’s negligence is a top priority for our San Jose personal injury attorneys. Every case handled by our law firm is important and it is handled with utmost commitment. If you or someone you love was injured as a result of someone else’s negligence, consult with Callaway & Wolf to understand your legal options. Contact us today for a complimentary consultation.