The cliché that the things that truly make your life enjoyable do not have a price tag is true. In fact, most people do not even realize how much their happiness depends on being able to walk without pain, drive without fear, or rely on the emotional support of a family member unless they have lost those things temporarily or permanently. If you have never suffered a serious injury in an accident, you might balk at the amounts that courts sometimes award to plaintiffs and assume that the plaintiffs or their attorneys are being greedy by requesting such large sums. In fact, sometimes courts use a mathematical formula to determine the amount of money to award for physical pain, emotional distress, and loss of enjoyment. The amount awarded for pain and suffering incar accident lawsuits sometimes comes down to multiplying the economic damages by a certain number, depending on how much the suffering resulting from the accident has changed the plaintiff’s life.
The General Damages Multiplier
Courts and insurance companies sometimesmultiply the economic damages associated with a car accident (past and future medical expenses, property damage, and past and future lost income) by a factor of anywhere from one and a half to five. The idea is that long-term physical pain and emotional suffering resulting from an accident compound the damage caused by the accident. For example, if the accident left you with a phobia of driving, whereas you once used to enjoy driving, then that could lead the court to apply a general damages multiplier. Likewise, in a wrongful death lawsuit, the more the plaintiff depended on the victim financially and emotionally, the greater the general damages multiplier. People sometimes give the example of a personal injury lawsuit settlement worth three times the amount of the medical expenses, but this is just one example.
Providing Evidence of Pain and Suffering
In order to show how much the accident disrupted your life, you must give evidence of things you used to be able to do that you can no longer do because of your injuries. For example, were you an athlete and are no longer able to play your favorite sport? Were you an accompanist for your church choir, but because of hand injuries resulting from the accident, can you no longer play the piano? Did you used to enjoy ballroom dancing with your spouse, but you can no longer participate because the accident left you with chronic pain, thus leaving your spouse without a dance partner and a valued social outlet? All of these things can factor into a court’s decision when awarding non-economic damages.
Contact Case Barnett Law About Car Accident Cases in Orange County, California
If you have been injured in a car accident, you might feel like no one understands how much the accident has disrupted your life, but a skilled personal injury lawyer knows how to show evidence of your suffering.Contact Case Barnett in Costa Mesa, California if you have been seriously injured in a car accident.
In a car accident involving two personal vehicles, insurance companies assign fault to the driver of one of the vehicles. If someone in the other vehicle was injured, and the settlement amount offered by the insurance company is not sufficient to pay the injured party’s medical expenses, the injured person can file a personal injury lawsuit against the driver who was at fault. The plaintiff can recover damages in the legal case if the court determines that the plaintiff’s injuries are the direct result of negligence on the part of the defendant. When the driver at fault was driving a commercial vehicle, however, the defendant named in the lawsuit is often the company that owns the vehicle. Of course, it is possible that the true cause of the accident was something other than a driver’s negligence, for example, an unsafe road or one with inadequate signage to warn drivers of hazards. If you have been injured in a commercial vehicle accident, the best thing to do is to contact a personal injury attorney who deals withcommercial vehicle accident lawsuits.
California Trucking Company Named as Defendant in Lawsuit After Highway Accident
On August 31, 2018, asemi truck on the interstate near Albuquerque, New Mexico experienced a tire failure and collided with a Greyhound bus, killing eight of the 49 people on the bus, including the driver. The truck was transporting produce from Fresno, California to Memphis, Tennessee, while the bus had stopped in Albuquerque on its way from St. Louis to Los Angeles. One of the surviving passengersgave birth to twins the day after the accident.
The families of two of the victims, one from Arizona and the other from Ohio, sued the California-based company that owns the semi truck whose faulty tires caused the accident. In order to determine the details of what went wrong with the truck in the moments before its tire blew out, officials are trying to find a recording device in the truck that might give some indication. While airplanes have a “black box” for just this purpose, commercial trucks usually do not.
Failure to Maintain a Safe Vehicle Constitutes Negligence
It is likely that the plaintiffs have a strong case against the trucking company. Federal and state regulations have strict safety requirements for trucks and truck drivers. They limit truck drivers’ daily and weekly work hours and require drivers to take breaks during the workday. They also require frequent inspections of various parts of the truck, including its tires. If it is determined that the driver did not inspect his tires when required, or that he inspected them but failed to repair the unsafe tire, the trucking company will be required to pay damages to the plaintiffs’ families.
In California, personal injury attorneys see a number of bus accident types, including:
School bus accidents. These accidents are one of the most difficult types of bus accident cases that attorneys handle, as they often involve young children who were injured or killed.
Municipal transit bus accidents. Public transportation is an inexpensive way to get around, but when cities fail to maintain their buses or employ poorly trained drivers, accidents and injuries can be the result.
Freight bus accidents. These commercial vehicles are designed to carry cargo but, when overloaded, they have the potential to become unpredictable and dangerous.
Private, commercial, or charter bus accidents. Buses hired for tours, parties, and other excursions can be just as dangerous as public buses when improperly maintained or operated.
When passengers step onto a bus, they have every right to assume that it is being maintained and operated in accordance with federal safety regulation—regardless of whether the bus in question is a school bus, city bus, freight bus, or party bus.
Other common bus accident case types include:
Bus breakdown injuries
Common Causes of Bus Accidents
Thanks to human error and poor driving practices, when buses and other vehicles share the road, accidents are bound to happen. Unfortunately, many bus accidents could have been avoided had the bus’s owner or driver taken the proper safety or maintenance precautions. Some of the most common bus accident causes related to bus owner or driver error include:
Drunk or drugged driving. Operating a vehicle while under the influence of drugs or alcohol can slow a driver’s reaction time and put everyone on the road at risk.
Drowsy driving. The Federal Motor Carrier Safety Administration (FMCSA) limits commercial drivers to 11 hours of driving time per day to prevent fatigue, which can be as impairing as consuming alcohol.
Distracted driving. Bus drivers may drive for a living, but they are just as susceptible to distractions like talking or texting on their cell phone, eating or drinking, or using a navigational system as the average motorist.
Inadequate bus maintenance. Even though the FMCSA requires commercial bus drivers to inspect the vehicle regularly and make repairs in a timely fashion, it does not always happen.
Operating the bus during dangerous weather conditions. Even well-trained and experienced commercial bus drivers are wise to wait for severely inclement weather to pass.
Injuries Associated With Bus Accidents
Buses lack many of the safety features—such as seat belts and airbags—found in personal passenger vehicles. When a bus accident does occur—the injuries can be potentially devastating. Common injuries associated with bus accidents include:
Bus accident victims who were injured through no fault of their own can pursue compensation for a wide variety of economic and non-economic damages related to the crash. Available damages may include compensation for:
Medical expenses incurred as a result of the accident
Ongoing medical treatment for accident-related injuries
Wages lost while recovering from injuries
Loss of earning potential if the injuries are permanently disabling
Physical pain and suffering
Mental and emotional distress
Scarring or disfigurement
Diminished quality of life
Loss of enjoyment of life
Criteria for Hiring an Attorney
It is wise to consult an attorney after being injured in an accident involving large commercial vehicles, such as a bus. This is because these types of accidents have the potential to cause extensive physical injuries and property damage. If the following statements apply to your case, it might be time to talk with an attorney:
The bus accident happened less than 18 months ago.
Medical expenses, property damage costs, and lost wages total more than $2,000.
Another person’s negligence caused the accident.
If you were driving a vehicle (rather than riding on the bus), it sustained notable damage in the accident.
You went to the hospital or saw a doctor immediately following the bus accident.
You have seen your doctor regularly since the accident and followed all of his recommendations for treatment.
Your injuries included broken bones or required surgery.
The at-fault party has insurance.
Understanding Your Options: Settlement Versus Courtroom Trial
If you were injured in a bus accident that wasn’t your fault, Case Barnett Law is prepared to do whatever is needed to ensure you receive the largest settlement possible—regardless of whether that is achieved during a vigorous negotiations process or by taking your case all the way to court. A courtroom trial can be lengthy, expensive, and stressful, but sometimes it is the only way to get victims the justice—and the compensation—they deserve. Here at Case Barnett, we will never push you to accept a settlement that isn’t in your best interest to avoid going to trial.
Do you have questions about your bus accident case? Contact Case Barnett Law to schedule a free, no-obligation initial consultation.
Contact Case Barnett Law About Commercial Vehicle Accident Cases
Commercial vehicle companies are required by law to uphold high standards of safety for their vehicles; to do otherwise is negligence.Contact Case Barnett in Costa Mesa, California if you have been seriously injured in an accident involving a commercial vehicle.
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!
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 apersonal 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.
In small doses, electric shocks do not cause injury; curious minds might even find them intriguing. If a car door gives you a mild electrical shock when you go to close it, it does not hurt very much. Electricity is also the reason that the Van de Graaff generator is one of the most popular exhibits at any children’s science museum. In higher amounts, though, electric shocks can cause serious injury or even be fatal. When electrocution accidents are caused by dangerous conditions in workplaces and other public places, the property owner may be legally liable for causing the accident. In fact, manyelectrocution accidents can be avoided if workers and employers exercise proper caution and follow safety protocols.
Electrical Hazards at Work
In the United States, about 4,000 people suffer injuries because ofelectrical hazards in the workplace each year. About 300 people per year die from electrocution accidents at work.
Electric shocks are not the only type of accident that can result from electrical hazards in the workplace. They can also cause fires and explosions.
Electrical Accidents are Preventable
Many electrical accidents can be prevented if employers make efforts to keep electrical equipment safe and high voltage areas isolated and if workers are careful with electricity. Here are some ways to avoid electrical accidents:
Workplaces should display signs warning workers and visitors of electrical hazards.
Hurrying is a major cause of workplace electrocution accidents. Workers should not rush to finish their work quickly when working with electricity. Likewise, employers should not put time pressure on workers when they are working in the presence of electrical hazards.
Proper safety training is key when there are electrical hazards in the workplace. In some occupations that require working with dangerous levels of electricity, knowledge of electricity safety protocols is part of the requirements for certification. Even for workers who are knowledgeable about electrical hazard safety, and especially for those who have not gone through a certification process that requires safety standards but who may be working in hazardous areas, ongoing training about electrical hazards and proper safety measures is key.
Anyone who might be exposed to high levels of electricity, whether a worker or a visitor, should wear proper protective gear.
Turn off all electrical equipment before a person touches it, for example, to clean it. If possible, you should wait a few minutes after turning it off and before touching it.
Because aluminum is a conductor or electricity, you should not use aluminum ladders near electrical wires or electrical equipment. Instead, use a fiberglass ladder, since fiberglass is an insulator.
If you will be using electrical equipment, make sure that the area is dry. Do not use electrical equipment near water, since water can conduct electricity.
Contact Case Barnett About Electrocution Accidents
If you have been injured in an accident involving electrical hazards, you may have grounds for a personal injury lawsuit. Contact Case Barnett in Costa Mesa, California for a consultation about your case.
As the old saying goes, accidents happen. Most accidents really are no one’s fault. In such a bicycle-friendly state as California, it is not a surprise thatbicycle accidents are fairly common occurrences. In order for a plaintiff who has been injured in a bike accident to have grounds for a personal injury lawsuit, he or she must prove that the accident was the result of someone else’s negligence. For example, if the bike collided with a car, was the driver of the car violating any of California’s laws about sharing the road with bicyclists? If the bike unexpectedly tipped over while the plaintiff was riding it, was it because of a defect in the manufacture of a bike? The burden of proof in any lawsuit rests with the plaintiff, so be prepared to make a case that you were riding your bike according to its intended use and that you had fitted it properly to your body. Even better, making sure that you are buying the correct bike for the places you plan to ride it and that you have adjusted it to fit you well can go a long way in preventing accidents.
Different Types of Bicycles for Different Terrain
To the untrained eye, bikes look quite similar, but once you actually ride one, you notice the differences. Different tire thicknesses and handlebar positions can make for adifferent riding experience. For example, many of the bikes that you see traveling at a leisurely pace on California’s beach boardwalks arebeach cruisers. These bikes are structured so you ride in a normal sitting position; thus, they are steady and easy to steer; their wide “balloon tires” further add to their stability and provide plenty of traction for safe braking. The disadvantage of beach cruisers is that they can not go very fast; if you try to keep up with vehicular traffic on a beach cruiser, you are asking for trouble.
On the other end of the spectrum are road bikes, which are similar to the racing bikes of competitive athletes. Road bikes have “dropped” handlebars, so you have to lean forward to ride them. They also have narrow tires, which allow for more speed but less stability. Most road bike tires are not recommended for riding on wet surfaces. Bike manufacturers are explicit about which conditions are safe for riding each type of bike.
Adjusting Your Bike for the Safest Ride
Most parts of a bike frame do not move, but you can and should adjust the handlebars, pedals, and saddle to fit you. Adjusting these parts not only prevents accidents but also prevents strain injuries from normal riding. Have an employee of the bike store adjust your bike unless you are a very experienced rider and can do it yourself.
Contact Case Barnett About Bike Accident Lawsuits
Sometimes bicycle accidents happen even if you are doing everything you can to observe safety practices. Contact Case Barnett in Costa Mesa, California to see if your bicycle accident is the basis for a personal injury lawsuit.
Many teen drivers get into minor car accidents in the first few months of having a driver’s license. Whether it is hitting a neighbor’s mailbox or a fender-bender in a parking lot, it usually does not take much to convince new drivers to be more careful. In fact, the early mishaps usually result in no lasting damage except, perhaps, higher car insurance premiums for a while. When it comes to accidents involving trucks, however, there is almost no such thing as a “no big deal” truck accident. They often result in seriouspersonal injuries and expensive damage to property.
Thus, driving a truck is serious business from the beginning. No one lets a 16-year-old get behind the wheel of an 18-wheeler and take a ride around town just to get a taste of adult freedom. Commercial trucks weigh multiple tons even when they are empty. Their extraordinary length, width, height, and weight mean that driving one requires vigilance at all times. Thus, the training required before you can even get a license to drive a truck is quite rigorous. There are rules guiding every aspect of the profession of truck driving. If you are injured in an accident involving a truck, ask yourself if the driver was in compliance with these importantsafety rules.
California’s Rest Period Rules May Become Less Strict
It is dangerous enough to drive a car when you are too tired to concentrate; imagine how dangerous it is to drive a truck in such a state. Federal law dictates that truck drivers cannot drive more than 14 hours in a workday, and they cannot drive more than 11 straight hours without taking a break. They must take a 30-minute break for a meal before they have completed eight hours of work that day. They must rest for at least 10 hours after finishing one workday and before starting the next one. Furthermore,California law requires drivers to take a 30-minute break sometime during the first five hours of their shift, and beyond that, a break of at least 10 minutes at least once every four hours.
In the summer of 2017, the California legislature began considering a bill which would nullify the stricter California rules about rest periods and just require truck drivers to abide by the federal regulations. Supporters of the bill say that it will help drivers reach their destinations more quickly, thus being more productive. The bill’s opponents say that it will make California’s roads less safe. The strict regulations about truckers stopping to rest have been a source of debate for years, with many bills regarding just how often truck drivers should be required to rest having been introduced in the legislature in the past decade. The fact remains that rest is essential for safe driving.
Contact Case Barnett if You Were Injured in an Accident
If you suffered injuries because of an accident involving a truck, it is worthwhile to investigate whether the truck driver was in compliance with all the regulations. Rest periods are just one of the many rules truck drivers must follow. Contact Case Barnett in Costa Mesa, California for a consultation about a personal injury case.
At this very moment, you probably have a copy of your car insurance card inside the glove box of your car. If you are involved in a collision, you probably call your insurance company to report the claim even before the police arrive on the scene to make a police report. It is usually the first call you make, before you even call close family members to let them know that you were in acar accident but that it was not any worse than it was. With minor accidents, that is usually all there is to it. If your car is still drivable, you probably just go on with your day. You make any repairs you need to make to your car, and then you wait to hear from your insurance company about how much they will reimburse you. With more serious accidents, though, and if there is a major dispute over who is at fault for the accident, you may need the help of a personal injury lawyer.
Getting a Settlement Offer from Your Insurance Company
A big part of what insurance companies do is determine which party bears what portion of the responsibility for each accident and how much the insurance company should pay you to cover expenses related to the accident. To get the best settlement offer you can, give the insurance company as much evidence as you can that the accident was not your fault. This evidence can take the form of your verbal statement that you give them on the phone as soon as the accident happens. You should also send them pictures of the place where the accident happened and of any damage to your vehicle. They will also consider the police report and any evidence or statements submitted by the other driver.
Once they have examined the evidence, they will send you a settlement offer. If no one was injured in the accident, the settlement will just be to offset the cost of car repairs. If you were injured, it may cover your medical bills related to the accident. The settlement might also cover pain and suffering or anticipated medical costs for long-term injuries related to the accident. Once you accept the settlement offer, you no longer have a case for a personal injury lawsuit. The time to contact a lawyer is before you sign to accept the settlement offer.
How a Personal Injury Lawyer can Help
If you have been injured in a car accident, a personal injury lawyer can help you recover economic and non-economic damages. In other words, money you receive in a lawsuit settlement or a judge’s decision can help you recover much of the money you have lost because of the accident. This is especially important if your injuries are so serious that you have to miss work for a long time. You can receive compensation both for future medical bills and for lost income.
Even if the settlement the insurance company offers you looks reasonable, it is a good idea to have a lawyer review it before you sign. Contact Case Barnett in Costa Mesa, California for advice before accepting a settlement offer from an insurance company.
Product liability lawsuits are legal cases in which the plaintiff claims that a product, such as a prescription drug or over-the-counter medicine, is more dangerous than its labeling or marketing suggest. When the plaintiffs win, such lawsuits can result in damages being awarded to plaintiffs to pay for medical expenses resulting from the illnesses or injuries they suffered because of the products. The defendant, namely the company that makes the dangerous product, can be required to label the product more clearly with references to its associated dangers, and it might have to pay punitive damages. In some cases, the court can require the defendant to stop selling the product entirely. One of the drugs that has been the subject of product liability lawsuits is the acne medication Accutane.
Accutane and its Alleged Risks
Accutane is a prescription drug manufactured by Roche. Dermatologists prescribe it to patients whose acne has failed to show improvement after treatment with more conventional remedies such as topical medications, antibiotics, or even hormonal contraceptives. Some patients who took Accutane reportedsevere psychiatric or digestive side effects from the drug, including suicidal thoughts and behavior, and inflammatory bowel disease. After numerous complaints and liability lawsuits, the drug’s manufacturers added a black box warning to the packaging of Accutane, informing patients of the side effects that some patients who had taken the drug had suffered.
Product Liability Lawsuits and Appeals
The product liability lawsuits related to Accutane go back more than eight years. Several thousand patients have sued Roche because of adverse effects related to taking the drug. Many of the lawsuits were filed in New Jersey, where Roche is headquartered, although the patients themselves came from many different states. Roche ended up paying millions of dollars of damages to thousands of plaintiffs.
In 2017, an appeals courtoverturned the decisions of many of the trial courts. The issues had to do mainly with which expert testimony the trial courts had allowed and which testimony they had suppressed. Namely, the trial court had not allowed the testimony of a gastroenterologist who argued that the Crohn’s disease suffered by some of the plaintiffs could have been the result of taking Accutane. Additionally, the trial court had suppressed the testimony of a statistician who criticized the methodology of some of the epidemiology studies cited by the parties. Controversy over expert witness testimony is a fairly common issue in lawsuits related to personal injury, including product liability lawsuits.
Contact Case Barnett About Product Liability Cases
If your illness was not caused by a doctor’s negligence, it is not medical malpractice. Instead, it could be a case of product liability if the doctor acted in good faith but the product is more dangerous than anyone, including healthcare professionals realize.Contact Case Barnett in Costa Mesa, California if you think that your illness or injuries are the result of severe side effects from a dangerous prescription or over-the-counter drug.
Following yourOrange County car crash or other personal injury accident, you will soon learn that your ability to recover full compensation for your injuries and expenses will depend in large part on your ability to show that another person is responsible for causing the accident or incident that resulted in your injuries. Absent a confession or admission of fault, this task can only be completed through the use of evidence and perhaps the testimony of one or more witnesses.
Suppose, however, that while out at a restaurant you see the person you believed caused your injuries in a secluded corner talking on his or her phone. He or she is obviously talking about the crash or accident and begins to make statements admitting fault and responsibility to the person to whom he or she is talking. Before you pull out your smartphone and begin recording the conversation, take time to consider whether your intendedcourse of action might be criminal.
Eavesdropping in California
When a person utilizes an electronic recording device such as a digital recorder, a digital camcorder, a smartphone, or another similar device to record a confidential conversation of another without the consent of every party to the conversation, that person has committed the crime of eavesdropping. Not only does this subject you to potential civil and criminal fines, but you could also be incarcerated for up to one year. Obtaining a confession or admission of guilt through illegal means can cause the court hearing your personal injury case to exclude such confession from consideration at trial.
Whether a conversation is “confidential” or not depends on the specific facts present at the time the communication was made. Key to making this determination is whether the parties appeared to have intended that their conversation be private and confidential. While speaking at a public restaurant at a table may not indicate an intention for a communication to remain private, going to a secluded area of that same restaurant and deliberately communicating as far away from others as possible may lead a court to a different conclusion.
Does This Mean I Can Never Record an Admission or Confession?
California’s eavesdropping law does not prevent you, for example, from electronically recording a statement the at-fault party makes to you if the at-fault party gives you permission to record his or her statement. Nor does the law prevent you from making a written record of statements you overhear the at-fault party make in a public setting.
If you or a loved one have been injured in a California personal injury accident, speak with us at Case Barnett Law about your situation as well as evidence that might potentially be available for you to use in your quest for compensation. Call us at (949) 861-2990, or reach out to ususing our online contact form.
When one begins talking about legal defenses, it is common to assume that a criminal case is being discussed. However, defenses are relevant in both criminal and civil cases alike, in defending against criminal charges andallegations of civil wrongs. Some of the defenses a defendant in a civil case might raise are merely designed to challenge the sufficiency of the plaintiff’s evidence of liability against him or her; other defenses are such that the defendant admits that he or she engaged in wrongful conduct but that this was somehow excusable under the facts and circumstances of the situation.
Why Plaintiffs Should be Aware of Potential Defenses
Crafting a winning strategy with your personal injury attorney requires considering potential defenses that the defendant might raise. Doing so helps ensure that you locate the appropriate witnesses and/or evidence to prove your case.
In any California personal injury case, defenses that might be raised include:
Did not engage in careless behavior: One of the most basic defenses to civil liability involves the defendant claiming that his or her actions or behaviors were not “careless” or “negligent” in that a reasonable person might have engaged in the same actions or behaviors that he or she did. This can be raised by argument and/or through challenging the conclusions of the plaintiff’s witnesses.
Plaintiff’s own carelessness: This defense strategy does not seek to absolve the defendant of all responsibility for his or her actions, but instead seeks to assert that the primary or predominant cause of your injuries was your own carelessness. A successful defense of this sort lessens the defendant’s civil liability. Just as you (the plaintiff) must come forward with evidence of the defendant’s carelessness, so too the defendant must prove your carelessness with evidence and/or testimony of witnesses of his or her own.
Necessity: One is legally permitted to otherwise enter another person’s land if it reasonably appears to the person that trespassing on the other person’s land isnecessary to prevent someone from suffering serious harm or death. This is another affirmative defense which requires the defendant to bring forth witnesses and/or evidence to establish that such a necessity existed by a preponderance of the evidence.
Work with an Experienced Orange County Personal Injury Attorney
At Case Barnett Law, we understand that when you file a personal injury lawsuit, you have one chance of success. That is why we invest the time and resources in locating evidence that will help prove your case and defeat any potential defenses the defendant. This helps you have the best possible opportunity for recovering full and fair compensation following a car wreck, slip and fall, or other California personal injury accident. By contacting Case Barnett Law early, we can better utilize our resources and skill to strengthen your case. Call us to discuss your personal injury case with us today: call (949) 861-2990, orreach out to us online.