Car collisions aren’t the only types of “accidents” that can cause catastrophic injuries to California residents. Defective products, unsafe property conditions and even medical mistakes can also cause a person to suffer severe, and possibly life-changing, injuries. Whatever the circumstances, if your injuries were caused by another party’s negligence or recklessness, you may be able to take action with a personal injury lawsuit.
Personal injury basics
The term “negligence” is almost always at the center of a personal injury lawsuit. In essence, this term means that someone acted—or failed to act—in the manner of a reasonable person under the same circumstances. So, for example, a driver who is not focused on the road and is instead looking at a smartphone is failing to abide by the duty to operate a vehicle safely and in such a manner that other people on the roads are not in danger.
However, the existence of the “duty” in question, and the subsequent “breach” of that duty, are only part of the personal injury case—the “negligence” part. A plaintiff in a personal injury case must also show that the negligence actually caused the injuries in question. This can be the toughest part of the case.
Lastly, the plaintiff must also be able to show that “damages” resulted from the accident. In most cases, the “damages” are largely made up of medical bills and expenses, which quickly add up in the aftermath of a serious accident. Lost wages can also be a big part of the damages element of a personal injury case. If you believe the facts of your case support the elements of a personal injury lawsuit, it may be time to get more information about your specific circumstances to see if you can pursue the case.