Litigating a Personal Injury Claim in Lancaster, CA
If you’ve been injured in an accident in Lancaster, CA, then California law may entitle you to damages as compensation for your losses. Litigating a personal injury claim can be frightening for many would-be plaintiffs, however — after all, the general public has a lot of misconceptions about legal assistance.
It’s critically important that you pursue your claims, and — at the very least — that you consult with a qualified Lancaster personal injury attorney for a case evaluation and initial guidance on how to proceed.
We can help. Contact 1-800-THE-LAW2 to get connected to an experienced personal injury lawyer in our network. Consultation is free and confidential, so there’s no downside to calling in and getting started.
How Much is Your Personal Injury Claim Worth?
One initial concern that prospective plaintiffs often have is based around the value of their claim. They don’t necessarily know how much the claim is worth, and how to calculate the value of their claim.
Understanding the theoretical value of a personal injury claim is strategically important for your case — after all, by creating a “reasonable” estimation of the value of your legal claim and backing it up with evidence, you’ll be able to push the personal injury settlement value of the claim higher. As a consequence, this usually leads to higher recoveries, even if the case ends in a negotiated settlement.
Estimating the value of an injury claim depends on a number of factors, specifically the losses that you suffered in connection with your injuries. These losses may include:
- Wage loss
- Loss of earning capacity
- Medical expenses
- Property loss
- Pain and suffering
- Emotional distress
- Loss of guidance
- Loss of companionship
- And more
Suppose that you are injured in a slip and fall case. You suffer from a health condition that makes your bones particularly brittle. As a result, you fracture several bones and have a long recovery. Naturally, your medical expenses, pain and suffering, and wage loss damages are much higher than they would be for a person who has a “normal” body. Your personal injury claim should therefore reflect this higher damages amount.
Common Defense Arguments in Personal Injury
There are a number of different defense arguments that you’re likely to encounter as you move forward with your legal case. That being said, the defenses that you encounter will vary depending on the particular circumstances of your case.
These include: no causal link, comparative fault, and no duty of care.
No Causal Link
If you cannot show that the defendant’s negligence, recklessness, or intentional misconduct caused (or contributed) to your injuries, then you won’t be able to establish liability.
In California, fault is allocated between parties on a percentage basis. If you are partially at-fault for your own injuries, you’ll still be entitled to recover damages, but the damages amount will be reduced by your own (percentage) contribution of fault.
No Duty of Care
To establish liability, you’ll have to show that the defendant had a duty of reasonable care towards you. In some circumstances, the defendant might not have had a duty of care, so they cannot be held liable — don’t worry, however, there may be another individual or entity that is responsible and can be held liable.
Contact 1-800-THE-LAW2 for a Free Consultation with a Lancaster Personal Injury Lawyer
If you’ve suffered damages in a personal injury-related accident in Lancaster, Palmdale, or anywhere else, for that matter, then it’s important that you get in touch with a qualified attorney so that you can have your case evaluated. Skilled attorneys understand how best to proceed with a case to maximize the client’s recovery.
Here at 1-800-THE-LAW2, we maintain a large, trusted network of personal injury attorneys throughout the United States. It includes personal injury lawyers who practice in and around Lancaster, CA and Antelope Valley. Contact us today to schedule a free and confidential consultation with an experienced Lancaster personal injury lawyer in our network.