The Needed Duty of Care for Personal Injury in Huntington Beach, CA
If you’ve ever been injured in any type of accident and have filed a personal injury lawsuit against the at-fault party you know that you had to prove duty of care in order to be successful. Not many people understand duty of care or even realize that this needs to be present in order for a personal injury case to be successful. Today, we will discuss the needed duty of care for personal injury cases so you know what must be proven in order to win compensation as the plaintiff.
Defining Duty of Care in Irvine, CA
Before we move towards explaining how you can be successful in a personal injury case we must first define duty of care. People in the United States owe everyone else a duty of care to act responsibly and safely at all times in an effort to avoid causing injury to anyone. If not, they very well could be held liable for the injuries they cause.
The duty to act responsibly towards others is the normal duty of care that is applied in all situations. There are times when the duty of care is viewed at a higher rate than others, including common carriers. Common carriers are vehicles that transport multiple people, such as planes, trains, buses and passenger vans. Certain professionals can also be held to a higher duty of care than others. These professionals include lawyers, doctors, and others.
What about children? There’s actually a duty of care established for children. Since they cannot be expected to act as responsibly as an adult, a child is expected to act with a duty of care that would be acceptable for a child of similar age and education.
Businesses must also operate using duty of care, which means that they must act responsibly under the same circumstances another business would be expected to operate. The most common instance where this comes into play is when consumers wind up suffering an injury on the businesses’ property.
The Breach of Duty in Santa Ana
Now that we’ve explained duty of care we can move to the breach of said duty. In order for a personal injury case to move forward there needs to be four elements present:
- Duty of care owed to the plaintiff
- Breach of that duty of care
As you can see, these four elements are pretty self-explanatory. If you are missing just one of them your personal injury case will not be able to move forward, which means you won’t be awarded compensation for your injuries. That’s why it’s important to have plenty of evidence to present to the court when making your case for compensation. You need to show that the defendant owed you a duty of care, that their actions breached that duty of care, that those actions led to damages and that those damages were directly caused by the actions of the defendant. Many instances of personal injury can easily be proven because the offense is cut and dry. Others are not as easy to prove in court.
Contact a Los Angeles Personal Injury Lawyer to Discuss Your Accident Case in California
Did you or a loved one sustain serious injuries due to a motor vehicle accident in California? Don’t let the medical bills pile up while you wait for the negligent party, or their insurance company, to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at The Paris Firm represent clients injured because of a car accident in Anaheim, Santa Ana, Los Angeles, Rancho Cucamonga and throughout CA. Call 909-469-5127 or email us to schedule a consultation about your case. We have an office conveniently located at 15335 Fairfield Ranch Road Suite 125 Chino Hills, CA 91709.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.