Personal injuries can be expensive and life-altering, and if you have been injured at the hands of another person, you certainly have a right to compensation for your pain and suffering.
During your trial, your Oceanside personal injury lawyer will need to prove that the defendant behaved negligently and knowingly compromised your safety. They must also prove that this negligence led to your injury.
Personal injury cases can be complex, especially if there is more than one individual or entity involved, so it is important for injured individuals to understand what they are facing.
If you are considering filing a personal injury suit against a person or organization, please continue reading the following information.
Establishing Negligence in Personal Injury Cases
If the injured individual intends to file a suit against another person, company, or organization, they will need a strong understanding of the concept of negligence, which will come into play during their trial.
Simply put, a person is said to have acted negligently if they knowingly and carelessly disregarded the safety of another individual.
For example, if a passenger is involved in a truck accident, and it is later found that the driver was under the influence of alcohol, the passenger may be able to file suit against the driver and the company.
The driver had a duty to drive safely, and the company had a duty to hire responsible drivers. To prove negligence, an Oceanside injury lawyer will need to establish the following.
If an Oceanside personal injury lawyer can show that all three of the statements above applies to the defendant, an individual will have a good chance of winning a case.
- The defendant had a legal and moral duty to keep the plaintiff safe to some degree.
- The defendant either disregarded this moral duty or took the incorrect actions to keep the plaintiff safe.
- The plaintiff was injured due to this disregard or incorrect actions.
An attorney can only prove negligence if the other individual knew of their obligation to safety and still made a conscious decision to not honor it.
Seeking Monetary Compensation
As mentioned above, an injured person has the right to seek compensation for their injuries, even if the defendant was found not guilty in a criminal court. If negligence played a role in the injury of a person, that person and their Oceanside personal injury lawyer may choose to seek compensation for:
- Loss of wages (if an injury prevents working)
- Emotional pain and suffering
- Medical expenses
- Court costs
- Property damages
The size an award will depend on the severity of the injuries and the degree of negligence involved. During proceedings, it is not uncommon for defendants or their insurance company to offer a settlement. A settlement is a sum of money paid to the injured individual to prevent further litigation.
Companies and individuals hate trials, and if an individual accepts their settlement, they will not be able to take further legal action against the defendant.
Contact an Oceanside Personal Injury Attorney Right Away
If you or someone you care about is injured by another person or entity, it is important to take action immediately. Personal injury cases are often subject to statutes of limitation, and if you do not file your lawsuit in a timely manner, you may not be able to file at all. Contact our law firm today to speak directly with an Oceanside personal injury lawyer.