San Clemente Catastrophic Injury Lawyer

If you or someone you love sustained a severe injury, you may benefit from discussing your circumstance with a San Clemente catastrophic injury lawyer. If another person’s negligence caused the injuries, you have the right to pursue monetary damages to compensate for your injuries.

Long-term injuries can take an enormous financial toll. To hold the person responsible for your injuries accountable, a skilled personal injury attorney could bring a claim against them on your behalf. If successful, the suit could recover monetary damages intended to compensate you for your injuries.

Catastrophic Injuries Defined

California law does not define the phrase “catastrophic injury.” Generally speaking, the term refers to any injury that leads to long-term or permanent pain. It may also refer to the loss of use of an organ or limb.

The critical aspect of this type of injury is its effect on a plaintiff’s quality of life. A San Clemente catastrophic injury attorney could work to show the long-term impact of an injury.

Proving Negligence in a San Clemente Case

To recover damages, an injury victim must prove that the defendant in the case negligently caused their injuries. California law defines negligence as an act that a reasonable person would not have done in that situation. There are four elements that must be met to prove negligence.

The duty of care is a duty owed by one party to another. Whether a duty exists and the extent of that duty depends on the specific circumstances. For example, drivers owe each other a duty to operate their vehicles safely to avoid a car wreck.

When a plaintiff establishes a duty, the next step is to show the defendant breached that duty. A breach can come in many forms, from a violation of traffic laws to physical assault.

Finally, a plaintiff must show that they have suffered monetary damages related to their injury. With a catastrophic injury, this typically involves providing evidence of medical bills. They must also show that the defendant caused these damages by breaching their duty of care.

Comparative Fault in Catastrophic Injury Claims

It is important to note that a plaintiff maintains the right to recover damages for their injuries even when they are partially at fault thanks. This is because of California’s comparative fault law.

While California comparative fault laws will not bar a plaintiff from recovering entirely, it can result in a reduction of the plaintiff’s damages. In an injury case, a jury must first determine the total value of a plaintiff’s damages. Next, the jury must assign by percentages the liability of each party in the case. If the jury determines a plaintiff was partially at fault, the damages awarded will be reduced by the percentage the plaintiff is liable. For more information, consult with a catastrophic injury lawyer in San Clemente.

Get Advice from a San Clemente Catastrophic Injury Attorney

Pursuing monetary damages in a catastrophic injury case can be challenging, but an experienced attorney can help. For help navigating the legal system, contact a San Clemente catastrophic injury lawyer as soon as possible to set up a free consultation.