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Accidents happen every day.  It doesn’t matter if you are careful because a lot of people who are driving on the road or who operate businesses and even those who maintain their own premises are sometimes negligent or reckless, resulting in different kinds of personal injury accidents. In California, where population is larger than most states, accidents happen all the time, from traffic accidents, premise liability accidents and other accidents.

Personal Injury Claims Laws

California residents are protected by federal and state laws against injuries and damages suffered by the victims as a result of negligence accidents.  Whether it be traffic accidents relating to car accident, motorcycle accident, bike and bicycle accident, pedestrian accident, truck accident, bus accident or train accident or premise liability accidents involving slip and fall accidents, trip and fall accidents, construction accidents, dog bite accidents and explosions and fire accidents, California laws specifically provide for means of claims and compensation for the victims.  According to top personal injury law firms in California, every personal injury victim has a right to claim compensation against the negligent party which includes: property damage, actual medical costs, future medical care, loss of earnings, out-of-pocket expenses and even pain and suffering and other non-monetary losses.  However, the amount of claim and even the possibility of being able to claim damages depend largely on the evidence presented by the victim as well as the quality of legal representation the victim has.  Every personal injury victim will be faced by insurance companies and even defense law firms who will do everything to diminish or deny the victim’s claims.  Hence, personal injury victims are always cautioned against negotiating personal injury claims on their own.  Leave personal injury law claims to the legal experts who have vast experience in dealing with personal injury claims in order for you to be able to get the highest compensation you deserve against the party at fault.

Evidence Required To Prove Personal Injury Claim

Before being able to claim damages, expert personal injury lawyers will always tell you that you need hard evidence to support your claim, not only self serving testimonies from the victims or from their friends and relatives. Hence, in order to be able to claim damages for personal injury accident, you must prove that:

  1. The other person has the responsibility to provide the diligence required by law;
  2. That said person failed to provide the diligence required or is negligent;
  3. That said person’s negligence caused your accident; and
  4. That the accident resulted in your injuries.

Absent any of the elements above, you may not be able to obtain damages against the negligent party for lack of connection between the negligence that is sought to be prevented and the resulting damage to your property and yourself.

Contributory Negligence

Even if you are successful in proving the connection between the other person’s negligence and your consequent injuries, there is another hurdle that you need to get across in order to get the compensation that you deserve.  A lot of insurance adjusters may assign fault to you or at least allege that you are also negligent, which contributed to your injuries.  In traffic accident involving motorcycle, the insurance company might allege that you are partly to blame for the extent of your injuries for failing to wear safety gears like helmet. Also, for car accident, the insurance examiner might allege that your injuries were severe because you were not wearing a seat belt at the time of the accident.  This is why personal injury lawyers always remind the public to be defensive while driving and to make sure to keep in mind to follow safety rules and regulations so that in case you are involved in an accident through no fault of your own, the other party cannot allege contributory negligence on your part.

 

 

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