Personal injury law varies from one state to another, and even within a state, the process can differ between the court systems in different counties. It is important for Los Angeles accident victims to seek representation from a Los Angeles accident attorney to ensure they get the local support they need for their claims.
Determining who was at fault under California law
For Los Angeles accidents, the ability to prove negligence is a major part of any personal injury claim. Upon determining the full value of compensation, a jury looks at the degree to which each party was responsible to decide how much each party must pay.
Under California law, negligence in an accident is defined as follows:
- The party who caused your injury did not live up to a duty he or she owed to you not to injure you.
- A connection existed between the duty of the individual and your injury.
- You suffered a financial loss due to the accident.
Under California'scomparative negligencelaw, the amount you recover can be reduced by the proportion to which you were responsible for the accident.
California also has ajoint and several liabilityrule. This means every person responsible for your injury can be liable for the full economic damages incurred, such as medical expenses and lost wages. But, responsibility for noneconomic damages, such as pain and suffering and emotional distress, is split among all responsible.
Product liability adds to the complexities
In cases where an individual is injured when using a consumer product, additional rules apply when determining liability under Californiastrict liabilitylaw. To prove that the product was unreasonably dangerous, the law requires you to prove the following:
- The product was defective and unreasonably dangerous when used as intended.
- The product defect was the cause of your injury.
- You suffered a financial loss due to the accident.
- The danger was not obvious, as would be the case if the product was a sharp knife.
The importance of a Los Angeles accident attorney
The issues of seemingly simple Los Angeles accidents can quickly become complex under California law. If you suffer injuries in an accident, you are well-advised to retain an experienced local accident attorney to help protect your rights and get the best possible results for your case.
