Costa Mesa Personal Injury Attorneys
Legal Representation After a Personal Injury in Costa Mesa
Costa Mesa has become a haven for foodies and shoppers. Centrally located between Los Angeles and San Diego, and only a mile from the Pacific Ocean, the city offers outstanding shopping, a vibrant art scene, and a thriving food culture. You can play at the beach all day, see a concert at the Pacific Amphitheater, or visit one of more than three dozen art galleries, including the renowned Martin Lawrence Galleries.
Although it is known as a center for sophistication in Orange County, Costa Mesa is still subject to its share of accidents and injuries, including car accidents, boating accidents, and slip and fall accidents. If you have been injured in an accident caused by someone else’s negligence, you may have a personal injury claim for compensation.
What Is Negligence in a Personal Injury Claim?
In most personal injury cases, the injured party relies on the legal concept of negligence to establish the other party’s responsibility for the accident. Negligence can be defined as a failure to exercise the same level of care toward others that a reasonable person would exercise under the same or similar circumstances. For example, a reasonable person would not drink and drive, run a red light, or text while driving, all of which endanger the lives of others. To establish negligence in a personal injury claim, you must show that:
- The defendant owed you a duty of care;
- The defendant breached that duty of care; and
- You were harmed by the defendant’s actions.
For example, automobile drivers have a duty to operate their vehicles with reasonable care at all times. Traffic and vehicle codes identify the legal obligations of drivers in some situations, such as the duty to yield the right-of-way or stop at a red light and prohibit certain driving behaviors, such as speeding or tailgating. A driver who causes an accident while violating a traffic law can be found to have breached the duty of care.
Comparative Negligence in California
In some cases, both parties involved in an accident may share some degree of the fault. Even though one party may be clearly primarily to blame, the victim may also be assigned some degree of fault by a jury. Under the comparative negligence rule in California, you may still seek compensation even if you are found to be partly at fault for your accident and injuries. However, your damages will be reduced by the percentage of fault assigned to you. For example, if your damages total $100,000 and you are found to be 10% at fault for the accident, the amount you are able to collect will be reduced by 10% to $90,000.
Compensation in Personal Injury Matters
Damages in personal injury matters can vary widely from one claim to another. The amount of compensation you can expect to recover will depend on the severity of your injuries, the impact they have had on your life, and how long the consequences are expected to last. Damages you are entitled to pursue may include:
- Medical expenses, past, and future
- Physical therapy and rehabilitation
- Household or vehicle modifications to accommodate your injuries
- Lost wages or earnings
- Loss of career or earning capacity
- Permanent injury or disability
- Loss of a limb
- Scarring or disfigurement
- Emotional trauma
- Mental anguish
- Loss of enjoyment of life
- Punitive damages (designed to punish the defendant and deter similar actions in the future) if the misconduct of the liable party went beyond mere negligence
Contact Our Costa Mesa Personal Injury Lawyers
Allen, Flatt, Ballidis & Leslie was officially founded in 1974. Our Orange County personal injury attorneys have more than four decades of experience and a history of success for our clients. We have recovered hundreds of millions of dollars in settlements and verdicts. Our practice is focused exclusively on personal injury matters. If you have been injured in an accident that was someone else’s fault, call us at (949) 752-7474 to schedule a free consultation with no obligation and no time limits or restrictions.
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