Who is Liable in a Personal Injury Case?

You have probably seen co-workers and party guests show up at work and parties, respectively, sporting bandages, and then proceed to tell stories about the freak accident that resulted in the injury. Freak accident stories are quite entertaining, as long as the injury is minor, and the weirder the circumstances of the accident, the better. Sprained your finger lifting a baby out of a bouncy seat? Priceless! Bit your tongue in a tragic singing accident and had to get four stitches?  Dinner party anecdote gold! Caught 20 crabs in a single fishing trip, and the smallest one pinched your thumb as you threw them into the pot to cook them? You will be a local legend!

Orange County Personal Injury Attorney | Case Barnett Law Premises Liability Lawyer On the other hand, accidents that are serious enough to get you admitted to the hospital or keep you out of work for an extended period are not simply harmless fodder for shooting the breeze.  It is important to find out if any of the circumstances that led to the accident could have been prevented because any party that ought to have prevented the accident could be a defendant in a personal injury lawsuit.

A Personal Injury Lawyer can Help You Determine Who is Liable

Imagine that you are finishing a canoeing trip with friends. You are getting out of the canoe, when it capsizes. As it overturns, you get injured when you crash into a post sticking slightly out of the water, part of a broken dock, which you could not see when you went to get out of the canoe.  It is a freak accident, to be sure, but was it anyone’s fault? Do you have grounds for a personal injury lawsuit, such that the liable party could be required to compensate you for your medical expenses? Is the owner of the dock liable for letting the dock fall into disrepair, such that the post caused your injury? If so, it is a premises liability lawsuit. Did the canoe manufacturer fail to make the canoe stable enough? If so, it is a product liability lawsuit. Did the friend who was in the canoe with you when it capsized fail to stabilize the canoe? A personal injury lawyer can help you parse which parties had which responsibility to prevent the accident and determine whether you have grounds for a lawsuit.

Why File a Personal Injury Lawsuit?

If you were injured in a preventable accident, a personal injury lawsuit can help you get compensation for medical expenses and lost income related to injuries suffered in the accident.  If it is a product liability lawsuit, a successful lawsuit could also lead to stricter safety regulations about the product.

Contact Case Barnett Law About Personal Injury Cases

Discussing your accident with a personal injury lawyer could be your first step to recovering financially from a serious injury. Contact Case Barnett in Costa Mesa, California if you have been seriously injured in an accident and think that you might have grounds for a personal injury lawsuit.

Multimillion Dollar Verdicts are Not Common in Personal Injury Lawsuits

Screen Shot 2017-04-03 at 10.11.51 AM

Headlines are littered with news reports and press releases of personal injury lawsuits and other similar cases in which the injured victims obtain millions of dollars in monetary damages. With the large number of such cases that are reported on by the media, one might be forgiven for assuming that the vast majority of personal injury lawsuits end with such large sums of money being awarded to the victim. This, in turn, can lead a person to seek out an attorney who claims to have a record of obtaining these types of judgments to handle his or her own personal injury lawsuit.

Screen Shot 2017-04-03 at 10.11.39 AM

The Truth Behind Multimillion Dollar Awards

In truth, only a small percentage of personal injury lawsuits end with the injury victim receiving millions – or even hundreds of thousands – of dollars in compensation. Those that do typically have several of the following factors in common:

  •      The victim was of a young age with few or no preexisting conditions that limited his or her life;
  •      The victim suffered a considerable amount of pain in the aftermath of the incident;
  •      The victim will be left permanently disabled in some way as a result of his or her injuries;
  •      The victim will require continuing medical treatment or medical assistance for a considerable length of time;
  •      The victim had children and/or a spouse who depended on the victim for love, companionship, and support;
  •      The victim was active in one or more activities prior to the incident, and as a result the victim may not be able to fully participate in these activities.

In addition, evidence that the at-fault party acted with extreme indifference, gross negligence, or deliberately caused the victim’s injuries can lead a court to impose punitive damages in addition to other economic and noneconomic damages.

What the Headlines Don’t Emphasize

Even where a victim obtains a multimillion dollar compensation award, this award may be reviewed by the trial court or one or more appellate courts. Any one of these courts may lower or throw out a judgment award they believe to be grossly unfair or disproportionate to the harm suffered by the victim. In other words, just because a victim was awarded a large sum of damages after a trial does not mean that he or she will actually get such an award, especially where the case was tried to a jury.

Can the Right Attorney Help Me Obtain More Compensation

To be sure, however, having the assistance of an experienced and skilled California personal injury attorney like a member of Case Barnett Law’s legal team can help increase the likelihood that you will receive a compensation award that fully and fairly compensates you for your injuries.  At Case Barnett Law, we carefully help our personal injury clients evaluate the losses they experienced as a result of their injury incident and then aggressively fight to help our clients obtain this compensation.  Contact us at (949) 861-2990, or complete our online form, and discuss your personal injury case with us today.

Nursing Home Saves Money at the Expense of its Patients. Ends up Being a $1 Million Dollar Mistake.

Screen Shot 2016-05-24 at 10.03.01 AM

L.F. v. Nursing Home

Case Barnett Law Corporation

Settlement: 1 Million Dollars

A lucrative nursing home in Orange County decided to save money on nursing staff. The nursing homes make more money by hiring fewer nurses than needed to provide appropriate care. Patients are then left in their own feces and urine for hours at a time. These patients frequently develop bedsores and other humiliating and painful injuries because they aren’t helped. Case Barnett Law made this facility pay.
91 year old L.F. ends up in the emergency room septic, with a bed sore, a 102 degree fever and a soiled diaper. She had been essentially forgotten about and left to die. Then, adding insult to injury, the nursing staff “backdated” their notes writing that they had recently bathed her and she had rolled herself in a wheelchair to the cafeteria smiling and laughing.
For two years the nursing facility refused to accept responsibility only offering $30,000, nuisance value to make the lawsuit go away. The family and Case Barnett Law refused to accept this. Like L.F., they are fighters. Case Barnett Law took more than 20 depositions and engaged in vigorous discovery to prove that the nursing home had neglected this beautiful woman. As part of the resolution, the facility must pay $1,000,000 to the family of L.F. and was forced to make changes in order to prevent this from happening to any one else ever again.