Personal injury situations arise every day in the San Diego area, and these cases can arise in several different contexts. When someone is injured by the negligent, reckless or even intentional actions of someone else, that person may not know where to turn for help. In situations like these, the best step to take is to seek the assistance of San Diego personal injury lawyers.
Below you'll find information regarding common types of personal injury claims that are made in San Diego, the burden of proof that must be met by anyone who brings a personal injury case to court and finally how you should proceed if you or someone you love has been harmed and need the help of San Diego personal injury lawyers.
Common Types of San Diego Personal Injury Claims
Personal injury cases can arise in almost any manner, but below are examples of common types of personal injury claims that are brought in San Diego:
Obviously, almost any situation can produce a claim for personal injury, but those above are the types of cases that San Diego personal injury lawyers handle more than others.
Burden of Proof in a San Diego Personal Injury Case
Generally, the law of negligence requires that an injured party proves four elements of a case in order for a claim to be successful. Below are those elements:
Duty of care - The law assumes that people owe a duty of care to others such that they should not put others in a position of unreasonable danger.
Breach of duty of care - The injured party must prove that not only did the defendant owe the plaintiff a duty of care but that this duty was breached by failing to act in a manner that is commensurate with that of a reasonable person in similar circumstances.
Causation - This is a very difficult concept to understand and to prove. Basically, the plaintiff must prove that the defendant's breach of the duty of care led, either directly or indirectly, to the injuries suffered by the plaintiff.
Damages - Finally, if all of the elements above are proven, the plaintiff must prove that he or she has suffered damages. Damages could include medical costs, property replacement, lost income or even pain and suffering, among others.
As you can see, successfully proving negligence is more difficult than it seems.
Tagged san diego personal injury lawyers