Suffering any type of serious personal injury can turn your life upside down. Whether you are in a car accident, or have suffered injuries in a workplace accident or a slip-and-fall accident, the consequences can be devastating. Injured victims are often faced with financial burdens including medical expenses and loss of earnings.
If you would like to discuss the specifics or your case or to find out if you have a valid personal injury claim, please contact an experienced Ventura personal injury lawyer who will help you better understand your legal rights and options.
To understand if you have a personal injury case, it is important to understand the three areas of liability that allow a victim of a Ventura accident to pursue a personal injury claim: negligence, strict liability and intentional wrongdoing. The most common area of liability is negligence.
An individual can be held liable for your injuries if he or she was careless is causing them. Someone who acts negligently does not intend to cause an injury but does cause the accident through thoughtlessness or carelessness can be held accountable. Here are a few questions to ask in order to determine if there was negligence. Would a reasonable person have caused the accident? How could it have been prevented? A judge or an attorney will weigh the actions of the negligent parties against how a reasonable person is expected to act.
The injured party in a personal injury case must prove that there was a:
- Duty of Care: The defendant owed a duty of care to the claimant. Generally, people have a duty to act reasonably and to not cause an injury to another. Ventura car drivers have the duty to drive safely and not put others in danger. Storeowners have a duty of care to provide safe premises. Employers have a duty of care to provide a safe workplace to their employees. What duty of care did the defendant have with regard to the claimant?
- Breach of Duty of Care: Did the defendant breach the duty of care? Did the car's driver exceed the speed limit putting other drivers in danger? Did the storeowner fail to post warning signs around a slippery walkway? Did the employer fail to provide adequate safety devices and training?
- What Caused the Injury: Did the breach of duty of care directly result in the accident? There must be a link between the defendant's negligence and the victim's suffering.
- Damages: What types of losses were suffered in the accident? Ventura personal injury victims may pursue compensation for physical injuries, financial losses and even emotional turmoil.
This is when someone is responsible for an accident whether or not he or she was negligent. Victims in strict liability cases will not have to prove that the defendant was careless, but instead that the defendant was responsible for your injuries. For example, dog owners in California are liable for the damages their dogs cause. The manufacturers of defective products are also responsible for the damages their products cause under strict liability law.
This is when the defendant's criminal and intentional act directly resulted in the injuries. Victims of abuse may file a criminal complaint against the at-fault party, but a criminal proceeding will not result in financial compensation for the victim's suffering. A civil lawsuit, however, can result in support for losses such as medical bills and lost wages.
These types of cases are not, however, always feasible or worthwhile. Intentional wrongdoing civil cases are practical for the victim when the at-fault party has resources that can actually cover the victim's losses. A skilled Ventura personal injury lawyer can assess a case of wrongdoing and help the victim determine if a civil lawsuit is in their best interest.
Protecting Your Rights
If you have suffered an injury as the result of someone else's negligence or wrongdoing, it may be in your best interest to discuss your legal rights and options with an experienced Ventura personal injury lawyer.
The skilled personal injury lawyers of Bisnar Chase Personal Injury Attorneys have more than 30 years of experience representing injured victims and their families. Please contact us for a free consultation and comprehensive case evaluation.