At Delfino, Green & Green, we specialize in protecting the rights of injury victims in the Bay Area and beyond. If you’ve suffered serious injuries as a result of someone’s negligent behavior, you may be eligible for compensation. Contact us online to schedule a free consultation.
When someone’s reckless actions cause you to be seriously injured, the fact that they “didn’t do it on purpose” isn’t much of a consolation.
The reality is that some situations require a level of responsibility that goes beyond simply not wishing someone harm. For example, suppose a distracted driver was texting with friends when they ran a red light and t-boned your vehicle. Even though they didn’t set out to hurt you, they didn’t take the necessary steps to NOT hurt you, either.
The driver’s actions are an example of negligence, meaning you—the injured party—may be eligible to receive compensation through a personal injury lawsuit. However, in order to do so, you will need to prove the elements of negligence outlined by California law. Luckily, you don’t have to do it alone.
As top personal injury lawyers in the Bay Area, we’ve built our careers on advocating for injury victims’ rights after they’ve been hurt by negligence. If someone’s reckless actions have harmed you or a loved one, we may be able to help secure compensation for your losses. This article will detail everything you need to know about what is negligence and how to prove it in California.
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What Is Negligence?
You may already have some idea of what negligence means, but in legal terms, it refers to a very specific occurrence. Cornell Law School defines negligence as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” Although negligence typically refers to someone’s actions, it can also describe someone’s inaction in a situation in which they should have acted. In these cases, a person’s duty doesn’t necessarily mean a legal duty; it may also refer to a duty based on custom, morality or personal commitment. If you’re unfamiliar with the legal minutiae in regards to negligence, don’t worry—most people are. The reality is that the laws surrounding negligence and liability aren’t always straightforward and often involve ambiguous terms. That’s why it’s smart to consult with a personal injury lawyer, even if you’re unsure about whether your injury was caused by negligence.How Do I Prove Negligence in California?
After you and your lawyer have determined that negligence played a part in your injury, you have to face the more difficult task: proving it. Fortunately, experienced injury attorneys understand that winning a negligence-based case requires demonstrating that a few crucial elements were at play. To win your negligence case in California, you will need to prove the following:- The defendant owed you a duty or standard of care, whether it was to act or to refrain from acting.
- The defendant breached or “neglected” their duty.
- The defendant’s breach of duty caused your injuries.
- The defendant’s actions (or inaction) were the proximate cause of your injuries.
- You suffered actual damages as a result, which could include both economic and non-economic losses such as medical bills, pain and suffering, etc.
Common Defenses to Negligence
Just because you and your lawyer believe negligence played a role in your accident doesn’t mean you’ll automatically win your case. In fact, an inexperienced personal injury lawyer may be thwarted by a number of defenses, which is why it’s critical for injury victims to thoroughly research their attorney options before committing to legal counsel. If you’re pursuing a personal injury case, you’ll want to make sure it can stand up against the following potential defenses:- The defendant didn’t owe you a duty of care. One of the most basic arguments used by defense attorneys is that the defendant didn’t owe you a duty of care. They may claim they had no duty to act on your behalf, but for many defendants—especially property owners, business owners and drivers—that simply isn’t true.
- You were the one responsible for your injuries, not the defendant. The best way to combat this defense is to partner with a skilled personal injury lawyer who will conduct their own investigation of the accident. Remember: Even if you were partially responsible, you may still be able to receive compensation under California’s pure comparative negligence doctrine.
- You assumed the risk of injury. Sometimes a defendant will claim that you engaged in inherently risky activities, and as a result, they shouldn’t be held responsible for any accidents that occurred. However, even in cases where the plaintiff signed a liability waiver, the defendant often has a duty to exercise reasonable care in preventing injuries.