Injury in Oakland Area
Personal injury law firm of Van Blois & Associates in Oakland, CA explains why understanding how injury law works in California is important when pursuing a claim. Since laws have been created to protect people and facilitate the smooth functioning of society, it is important as a citizen to understand the laws under which you live. This is true under normal circumstances and especially true if you are going to involve yourself in any kind of legal pursuit, such as practicing law as a profession or pursuing a lawsuit against someone. Without an understanding of the law many costly mistakes can be made and injured parties may not receive the compensation that is rightfully theirs.
California Personal Injury Laws
California personal injury law has its foundation in “Tort Law.” Torts are harmful acts that cause injury. Injury laws establish a system by which those who have been injured can be compensated by those who caused their injuries. Under California accident laws, negligent parties can cause harm either by the actions that they take or by the actions that they fail to take. It is important to understand Oakland personal injury law in order to know who is responsible for causing the injury and whether they were negligent in so doing. Personal injury lawsuits, product liability lawsuits, and wrongful death lawsuits all have certain specific criteria that must be met in order to prevail. The technical issues and burdens of proof are so complex and often so confusing that only an experienced Oakland injury attorney has any hope of navigating these difficult waters successfully.
Personal Injury Claims
The proof of a personal injury claim rests upon establishing that the other party was negligent. Doing so will usually require all the knowledge and skill that a lawyer can bring to the case. The burden of proof is on the injured party to demonstrate four things in order to prove negligence. They are as follows:
1. That the defendant had a duty to the injured party to protect them from unreasonable risk
2. That the defendant failed to perform this duty
3. That this failure to perform their duty is the primary factor in causing the injury
4. And finally, that the plaintiff suffered real damages because of that injury
Personal injury claims, product liability claims, and wrongful death claims all require this proof of negligence before damages are awarded. The negligence does not have to be all on the part of the defendant though. California accident law includes the notion of “comparative negligence”, which means that even if the defendant is not 100% at fault they will still be responsible for the appropriate percentage of the damages based on their percentage of fault. Without understanding these aspects of Oakland accident laws it would be difficult for you to be successful in your lawsuit.
Understanding how injury law works in California is critical to a positive outcome for your personal injury lawsuit. Whether it is a defective products lawsuit, a wrongful death claim, or a motor vehicle accident claim you will need the help of a strong, ethical, and resourceful Oakland injury law firm. Van Blois & Associates is such a firm. Serious injuries require serious solutions and we are here to help.
