What Must Be Proven in a Successful California Car Accident Claim?
California car accident claims may involve property damage, physical injuries, time off work, and leave the victim in a position of emotional and physical distress. When an accident is not your fault, there is absolutely no reason you should be placed in this position -- California law and our experienced attorneys are on your side.
The objective of a California car accident claim is to help victims rebuild their lives. However, to ensure that unexpected medical expenses, future medical expenses, time off work, the cost of fixing or acquiring a new vehicle, and pain and suffering are covered, the victim must be able to prove certain things in their claim.
Car accidents fall under personal injury law. To have a successful injury claim, the auto accident victim must be able to prove the defendant acted with negligence and that the defendant's negligence caused the accident.
Negligence involves four elements:
- Duty. The defendant owed a legal duty to the plaintiff. For example, all drivers have a duty to obey stop signs and stop lights.
- Breach of duty. The defendant breached their duty to the plaintiff. For example, the defendant was texting and driving or made a left turn on a red arrow.
- The breach of duty caused the plaintiff’s injuries. Because of the defendant not adhering to their legal duty, the plaintiff was hurt. For example, the defendant ran a red light and hit the plaintiff’s car resulting in $10,000 in vehicle damage and unexpected medical expenses for the plaintiff.
- The plaintiff has actual damages. Damages can be related to property (the vehicle) or person. Examples include car damage, broken bones, lost time from work, and temporary or permanent disability.
For Los Angeles accident victims, it is important to know that your insurance company is not on your side and is not interested in ensuring that you receive the maximum compensation available to you. Contact an experienced auto accident attorney to discuss your rights. Our attorneys are available for a free consultation.