What is Negligence, and How is it Related to Accident Cases?
Negligence is the legal theory or framework used to support accident claims. Another may have intentionally injured you, or it happened by mistake. All negligent actions are mistakes, but not all mistakes result from negligence. Negligence is how courts divide errors that can be the basis of legal action and those that cannot. The personal injury attorneys at Castillo & Associates have more than 30 years of experience in personal injury and negligence law.
Castillo & Associates helps accident victims by dealing with insurance companies and legal issues so they can focus on their families and recovery. If negligence caused your injury, call us at 800-497-9774 today.
What is Negligence?
Under California statute:
“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”
The details of negligence law come from common law, which is the sum of all the California court decisions on the topic. If your claim goes to trial, the disputed facts will be decided by a judge or jury (we prefer jury trials), who will determine the verdict.
What Must I Prove to Have a Successful Negligence Claim?
The plaintiff (you, the injured party, the one filing the lawsuit) must prove that it’s more likely than not that the defendant (the party sued) acted negligently, caused the accident which injured you, and they must compensate you for the harm done. You must establish all the elements of a negligence claim to be successful:
- The defendant had a duty or obligation to do something, or avoid doing something, because of the legal relationship between the two of you
- The defendant breached this duty or failed to live up to their obligation
- Because of that, the defendant’s actions were the factual and proximate (or legal) cause of the accident and your injuries
- You suffered damages (harm measured in dollars) due to your injuries
- Under California law, the defendant’s legally obligated to compensate you for your damages
A personal injury claim is like a house. Negligence law is the frame. Everything you build upon it is the facts. It’ll be dismissed if you don’t have enough favorable facts supporting your claim. It does you no good, like a house frame with nothing on it.
What Role Do Insurance Companies Play in Negligence Cases?
Insurance companies sell policies that cover negligence claims, so insurance plays a crucial role in personal injury claims. Thanks to that coverage, there should be enough money to fairly compensate you, though there are many cases where injuries are very severe, the insurance is limited, so the victim doesn’t have all their needs met.
If you own a business, a vehicle, a home, or rent an apartment, you should buy insurance. You may be legally required to purchase it. Whether you are or not, you should buy all the coverage you can afford.
We all make mistakes. Some of us make negligent mistakes, and someone gets hurt, or their property is damaged or destroyed. Without insurance, if that party sues you, you’ll need to represent yourself or pay an attorney to help you with your case. If you lose, you’ll need to pay the damages too. This may financially wipe you out and force you into bankruptcy.
Depending on the coverage, the cost of buying insurance may be expensive, but not having insurance, or just minimal coverage, could be far more costly.
We determine which parties may be responsible as we investigate your case and find enough facts to support it. Depending on the accident, we will notify them of your claim and suggest they contact their insurance company if they have a policy that may cover the claim. In vehicle accident cases, we should know the party’s insurance carrier so we will contact them directly.
In nearly all our cases, we negotiate fair and reasonable settlements with insurance companies without going to trial. We’ve developed your case, we have the facts to back it up, the insurers know we’ll go to trial if necessary, both sides compromise, and we come to an agreement.
Following an Accident, Recover the Compensation You Deserve
You may be entitled to compensation if you’re injured in an accident. Castillo & Associates attorneys have more than three decades of experience with negligence cases, and we will protect your rights to the compensation you deserve. For a no-obligation consultation, contact the firm today.
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
