California Personal Injury Firm

Proving Liability in a Personal Injury Claim

Suffering a wrongful injury isn’t sufficient to collect damages in a lawsuit. Instead, the plaintiff is responsible for establishing liability by a preponderance of the evidence. In other words, you must prove that the defendant’s negligence “more likely than not” caused your injuries.

Our skilled injury attorney can help you meet the burden of proof in your case by demonstrating the following elements: 

1. Duty of care. The defendant had a legal obligation to act reasonably, such as obeying traffic laws and driving responsibly to prevent harm to others.
2. Breach of duty. The defendant failed to uphold their duty of care by acting negligently, such as texting while driving or failing to provide adequate medical care.
3. Causation. The defendant’s negligence is the proximate cause of your injuries. 
4. Damages. The breach resulted in compensatory damages, such as medical bills, lost wages, pain and suffering, and other financial or emotional hardships.

Proving liability is a complex but essential step to recovering compensation in any personal injury claim, making it imperative to seek sound counsel as soon as possible. Our compassionate legal team can thoroughly investigate your claim, gather evidence, and advocate for your best interests at every step. 

What Damages Are Recoverable in a Personal Injury Claim?

Depending on the case, plaintiffs may be entitled to compensation for both economic and non-economic losses associated with their injuries. Economic damages compensate the victim for tangible, quantifiable losses, such as current and future medical expenses, lost wages, loss of future earning capacity, and property damage. 

On the other hand, non-economic damages provide compensation for indirect losses that are not easily quantified, such as pain and suffering, emotional distress, and loss of enjoyment of life. Because these damages are subjective, working with an attorney is critical to demonstrating their impact on your life. 

Although less common, punitive damages may also be awarded in cases involving particularly egregious behavior by the defendant. These are not meant to compensate the injured party directly, but to punish the wrongdoer and discourage similar misconduct in the future. At Peterson Injury Law, we can carefully evaluate the full scope of available damages to maximize your financial recovery. 

Can I Recover Compensation in a Personal Injury Claim if I Was Partially at Fault? 

Yes, it’s possible to recover compensation in a personal injury claim even if you are partially at fault for the accident. California uses a pure comparative negligence system, meaning plaintiffs can recover damages as long as their share of the liability is 99% or less. However, any compensation awarded will be reduced accordingly. 

For example, if you are 20% at fault for a pedestrian accident totaling $50,000 in damages, you may only be eligible to recover $40,000 ($10,000 or 20% less than the original value). Our attorney can assess every avenue for financial recovery to maximize available damages and pursue the full compensation available to you.