Negligence is one of the most fundamental principles in personal injury law. Whether you were injured in a car accident, slipped and fell on unsafe property, or were harmed by a defective product, the key to recovering compensation often comes down to proving negligence.
The Definition of Negligence In California
In legal terms, negligence refers to a failure to exercise reasonable care that results in harm to another person.
It is not the same as intentional wrongdoing but rather, it is the absence of the care that a reasonably prudent person would have used in similar circumstances.
So, if someone has done something a reasonably careful person wouldn’t do in the same situation, then they have acted negligently.
For example, some of the most common examples of negligence acts are actions like driving at a much higher speed than the speed limit or deciding to drive while under the influence of alcohol.
How is Negligence Established in Personal Injury Cases?
According to California Civil Code 1714, negligence occurs when:
- A duty of care existed between the parties.
- That duty was breached through action or inaction.
- The breach directly caused injury or harm.
- The victim suffered actual damages (such as physical injury, lost wages, or medical expenses).
With these things in mind, in order to establish a negligence lawsuit in California, you (or your attorney) must prove all four essential elements.
What if I Was Partially Responsible for the Accident?
If you were partially responsible for causing the accident in question, California’s pure comparative negligence model is specifically designed to handle these types of situations.
As per the state’s comparative negligence model, those who are partially at fault for the circumstances leading to their injuries can still recover damages for their injuries, but a portion of their total awarded settlement will be subtracted to take account of their degree of fault.
For example, if you’re injured in an accident that was 30% your fault, you will only recover 70% of the total awarded figure for your injuries and other damages.
How Do You Prove Negligence?
Proving negligence requires strong evidence and compelling legal arguments. In fact, common forms of evidence include the following:
- Police or accident reports
- Surveillance footage
- Eyewitness testimony
- Photos of the scene
- Expert opinions
- Medical records
However, it is important to note that even if you gather evidence for your case, you would still need an experienced personal injury attorney who can present this evidence in a compelling way to maximize your chances of success.
How Long Do You Have to File a Negligence Claim in California?
Under the statute of limitations in California Code of Civil Procedure 335.1, you generally have two years from the date of the injury to file a personal injury lawsuit.
However, if the claim is against a government entity, then the claim must be filed within six months.
In addition, medical malpractice claims may have varied deadlines depending on the amount of evidence. As such, it is highly recommended to file a claim as soon as possible, because failing to file a claim within the given time period will result in your automatic resignation in your right to file a claim to recover compensation and justice.
What To Do If I Was Injured Due To Someone Else’s Negligence In California?
If you were injured due to someone else’s negligence then you may be entitled to recover damages for your injuries. Should that happen, Nadrich Accident Injury Lawyers is here to help get you the justice you deserve and help hold those responsible accountable for their actions.
Call us today at (800) 718-4658 or fill out our easy online contact form for a free case consultation!
