Personal Injury Lawsuits
Personal injury claims take a lot of effort and a significant amount of drive to handle. If you decide to pursue a personal injury lawsuit, we suggest that you first consider the commitment. Our legal team has handled thousands of cases and we understand how to make a case count. Consult us today if you’ve been hurt and are considering filing a personal injury lawsuit.
Do you want someone that you can trust to help you with your personal injury case in Ventura County? Don’t hesitate to call the Ventura personal injury attorneys on our team. If we choose to take on your case, you can trust that we will provide relentless representation and focus on doing all that we can to succeed in proving that you deserve financial recompense.
Establishing the Elements of Negligence
A personal injury case involves more than just accusing someone of negligence. All plaintiffs must adhere to California law and must prove elements of negligence in order to receive compensation for their injuries and other damages. The team of attorneys at The Law Offices of Bamieh & De Smeth, PLC can help you build an effective case.
Elements of Negligence Include:
- Duty of care: A reasonable person is held to duty of care. This means that the person must prevent reasonable harm to another by actions or inactions.
- Causation: Causation is the most difficult element to prove in a case. The plaintiff must prove that a specific act caused his or her injury or damages and that it was the defendant’s actions that were the proximate cause of the damages. Normally, the courts use a “but for” test. They will investigate the situation to learn whether the accident would not have occurred “but for” the defendant’s behavior.
- Damages: The plaintiff must show that the defendant suffered harm and loss as a result of the injury. If there were no damages suffered, the lawsuit has no merit.
- Breach of duty: Plaintiffs can also argue that the defendant failed to meet a set standard of care. This could mean a failure to warn, a failure to diagnose, or a failure to prevent injury.
Winning Damages in a Personal Injury Case
If you are able to prove that the defendant was negligent and that you suffered specific damages in your case as a result of that negligence, you will be awarded a verdict or settlement. Our team always works toward the highest settlement or verdict possible in every case. The court evaluates many different elements when deciding the value of a settlement or verdict.
Compensation Awards May Include:
- Recompense for physical pain and suffering
- Compensation for loss of quality of life
- Recompense for emotional pain and suffering
- Compensation for loss of ability to perform household duties (paying for a housekeeper)
- Compensation for lost wages during recovery
- Compensation for medical expenses
- Repayment for disfigurement
- Compensation for future medical expenses
- Repayment for permanent disability
- Compensation for loss of consortium
- Repayment for loss of parental guidance, which may be awarded in wrongful death cases
Punitive Damages in Ventura County
Some jurisdictions will also award punitive damages. Punitive damages are used to punish a defendant for his or her conduct. Normally, punitive damages are used to discourage others from committing the same act or behavior.
If you want to learn more about the personal injury lawsuits or want our team to help you with your case, call us right away. With the right team on your side, you have a better chance of working toward a satisfactory settlement. Contact our Ventura personal injury law firm today for more information!