Here in Irvine and elsewhere in California, if you have been injured because of the negligent and wrongful behavior of someone else, you can sue to recover compensation. We here at Guardian Litigation Group urge you to contact us immediately if you have been the victim of negligence. We are proven, dedicated, and have helped many of our clients obtain the compensation to which they are entitled. There are strict time deadlines, so act quickly. If you fail to file a personal injury claim within the two-year deadline, courts will bar your claim and dismiss any lawsuit that is filed.
Talk to us before you talk to the insurance company. Many cases settle before a lawsuit is filed, but it is important to retain experienced California personal injury attorneys to deal with the insurance carriers. Insurance companies want to pay as little as possible. The lawyers at Guardian Litigation Group will fight for your maximum recovery.
In California, a victim who is injured by another person's negligence can recover money damages for all injuries, including physical and emotional injuries. Examples include recovery of costs for medical bills, hospitalizations, out-of-pocket expenses (like a car rental), lost wages/income, pain and suffering and more.
To succeed on a legal claim of negligence, a victim must prove four legal elements:
- Existence of a duty
- Breach of one or more duties
- Injury or property damage
Generally, everyone owes a duty of care to others in California. For example, drivers of automobiles owe a general “duty of care,” which means that every driver must be watchful and careful not to drive in a manner that might cause a collision or harm to others. In general, everyone also owes a duty to obey laws. California courts have phrased this duty of care as that level of care that an "ordinarily prudent person" would be "reasonably" expected to exercise under the given circumstances. This duty of care applies not only to drivers, but to property owners, merchants and shopkeepers, operators of construction sites, and even governmental agencies.
In terms of proving breach of duty, often, proof is as simple as showing that the wrongdoer violated some law, regulations or industry standard. For example, with a construction site accident, maybe the general contractor failed to use the materials and/or methods required by the local building codes or violated industry standards. There are also safety laws and regulations enacted by local, state, and federal governments. As another example, construction sites are required to have safety barriers and warnings. If a victim falls from an area where a railing should have been erected, likely, the owner or the general contractor breached their duty of care and they will be held liable for the resulting injury.
It must also be shown that the injury was caused by the accident. Sometimes, the causal linkage can be complicated like when there is a preexisting condition or serious medical condition like traumatic brain injury. In those types of cases, victims are still entitled to full compensation. Courtroom-tested California personal injury attorneys know how to prove the causation through use of medical doctors and experts.
Contact an Experienced California Personal Injury Attorneys
If you or someone you love has been injured because of negligence, it is time to vindicate your rights by contacting the personal injury attorneys at Guardian Litigation Group. We can also help with other personal legal matters like bankruptcies and debt settlements. We have the tools and experience you need. Our Mission is to provide unparalleled legal services to our clients. We can be reached via our contact page or by phone.