Newport Beach Personal Injury Lawyer

Personal injury accidents could happen to anyone at any point in time. Some personal injury accidents may leave you with bumps and bruises, while others may leave you paralyzed or with significant physical limitations. Despite these differences, simple inattentiveness or carelessness is the cause of many personal injury accidents.

When you are harmed because someone else behaved carelessly or recklessly, you may have a claim for monetary damages against that person with a lawyer’s help. A Newport Beach personal injury lawyer may be able to file a lawsuit on your behalf seeking compensation from the person responsible for your injuries.

Elements in a Successful Personal Injury Lawsuit

A personal injury lawsuit may lead to an injured individual receiving a judgment in their favor, directing the person responsible for causing the plaintiff’s harm. Before receiving a monetary judgment, though, the plaintiff is responsible for proving to the court that the following three propositions are more likely true than not.

First, the plaintiff must show that the allegedly-negligent defendant breached a duty of care by engaging in careless or reckless conduct. Behavior is careless or negligent when another reasonable person in the same situation as the defendant would not have acted in the same way.

Next, the plaintiff must present evidence showing how the defendant’s negligent conduct caused the accident in which the plaintiff suffered injury. If there are more than one defendants, the plaintiff might need to explain how each defendant’s conduct contributed to the overall injury accident.

Lastly, the plaintiff must provide a compensation amount that they are seeking and support that requested amount with supporting documentation and testimony. While it could be difficult for plaintiffs to provide much documentation for intangible harm like pain and trauma, it is prevalent for plaintiffs to support economic losses like medical expenses with invoices and account statements.

Receiving Compensation Through Trial or Settlement

After a personal injury accident, the individuals responsible for causing the accident may offer to settle the plaintiff’s claim. To do so, the defendants provide the plaintiff a sum of money the defendants believe is a fair amount of compensation. If the plaintiff accepts the settlement offer, then the plaintiff dismisses any lawsuit they may have filed against the defendants. The plaintiff also may agree not to file any subsequent lawsuit against individual defendants based on the same incident.

If the parties cannot settle, the case may proceed to trial. At trial, the plaintiff’s legal burden is to prove the elements described above. If the plaintiff prevails, then a judgment is entered in favor of the plaintiff. This judgment directs the defendant to pay compensation to the plaintiff. Receiving payment may take time, however, as the defendant may have a right to appeal a finding of liability and any judgment entered by the court.

It may not always be clear whether a plaintiff should pursue a settlement or proceed to trial with their claim. However, experienced Newport Beach personal injury attorneys may go over plaintiffs’ cases with them and be able to provide advice as to the best path forward for individual plaintiffs.

Contact a Newport Beach Personal Injury Attorney Soon

After an accident that you believe was brought about by a negligent person’s actions, talk with a Newport Beach personal injury lawyer about what legal rights you might have. A knowledgeable lawyer may assist you in filing a lawsuit against the responsible parties, which may lead to you receiving financial compensation for your losses and expenses.