When people are injured because of the actions of someone else, they are faced with a difficult situation that is often no fault of their own. A person who has been injured in this manner suddenly must overcome challenges that involve medical needs, financial loss and pain and suffering, and someone in this position needs to obtain the help of experienced San Diego personal injury lawyers as soon as possible. Below is a brief look at the typical elements of proof that must be successfully presented in a California personal injury lawsuit.
The first element of a California personal injury case that must be proven by San Diego personal injury attorneys is that a legal duty was present. This basically means that the defendant owed a duty to a plaintiff to not take actions that could lead to foreseeable harm. There are many different legal tests that can be used to determine whether or not this duty was present, but its existence in a particular situation must be proven before moving on to the additional elements.
When San Diego personal injury lawyers have established the existence of a legal duty, their next task is to prove that the defendant in a California personal injury lawsuit breached that duty. That proof is often determined by what is commonly known as the ‘reasonable person’ standard. This standard asks a court to compare the conduct of the defendant to what a reasonable person would have done in a similar situation. If the court finds that the defendant did not act in a reasonable manner, the duty is considered to have been breached and the foundation of negligence has been established.
One of the most complicated and difficult concepts that San Diego personal injury attorneys face with California personal injury lawsuits is the element of causation, as this concept has confounded attorneys and judges alike over the years. Causation means that it must be shown that the unreasonable actions of the defendant caused, either directly or indirectly, the harm that was suffered by the plaintiff. Establishing this link is critical to the result of any case.
Finally, if all of the elements above are properly proven in a California personal injury lawsuit, the San Diego personal injury lawyers representing a client must show that the plaintiff has suffered damages. These damages can be established directly with such forms of loss as medical costs and lost income, but damages can also be intangible in nature such as with pain and suffering or emotional distress.
Because of the saturation of advertisements in all forms of media regarding California personal injury cases, many people mistakenly believe that handling these situations is relatively simple. The fact of the matter is that attaching liability to a negligent defendant requires skill, intimate knowledge of the law and experience. If you or someone you love has been harmed by someone else, seek the help of San Diego personal injury lawyers who have been fighting for the rights of clients for many years. Contact Morris and Associates today to schedule a free initial consultation.