Previously, we discussed Foldenauer Law Group’s approach to personal injury cases. You can read it here to learn more about our firm’s commitment to our clients. Because some firms choose to work in volume, they are forced to accept quick, under-valued, out-of-court settlements because they don’t have the time or resources to go to court and fight. Although we are not condemning or critiquing that method of practice, it is simply not how we choose to work. We take fewer personal injury cases so we can devote the time and resources necessary to obtain better results. We are not in a rush to settle. We actively prosecute our cases to achieve top settlements and verdicts, which our clients deserve. That’s right. We charge insurance companies a premium. Beyond our approach, we want to share what it takes to win a personal injury case.
What We Must Prove
Though someone can suffer a personal injury in several ways, let’s use a common scenario: you were hurt in a car accident. There are hundreds of thousands of accidents in California annually. If you were injured, you are the plaintiff. The person being sued for damages is the defendant. The first thing you have to prove is that the defendant had a duty to act in a certain way and that they didn’t live up to that duty.
Upon hearing that, many people may think of a doctor/patient relationship, but it directly applies to our car accident scenario. Drivers must follow laws and take reasonable steps to keep other drivers, passengers, and pedestrians safe. For example, was the other driver speeding for the road conditions, drinking, distracted, talking on the phone, or operating a vehicle in an unsafe manner? Your attorney could argue that they failed to uphold their duty by doing any of those things. During your case, your attorney will have to show that whatever the defendant did created a foreseeable risk of harm to another.
Additionally, it is not enough to show that the other driver breached their duty to the Plaintiff. You must also show that, by doing so, they caused your injuries, which can be quantifiable. Because you were injured in a car accident, you could have associated medical bills and lost time from work. You may lose income in the future. Whereas “pain and suffering” could be seen as subjective by someone unfamiliar with personal injury cases, your attorney will work closely with you to establish how that factors into your settlement.
Fault Can Be Shared
Don’t hesitate to contact an attorney because you believe you were partially at fault for the accident. A party who is only 25 percent at fault for causing an accident is still liable for paying 25% of the damages caused. Your lawyer is in the best position to determine fault. California has a pure comparative fault system, by the way. This means that you can still recover damages even if you were 99% at fault.
Let us know if you have any questions about California personal injury law. We can help.