When car accidents happen on the busy roads of Los Angeles, victims may suffer catastrophic, life-changing injuries. Some people may endure spinal damage, brain trauma, broken bones and fractures, crushing injuries, or an amputation. It is not uncommon for insurance adjustors and lawyers representing the driver who caused the accident to turn around and look for ways in which the victim was at fault. Accordingly, it is critical to speak to a knowledgeable injury attorney before you talk to an adjustor or representative for the other party. Los Angeles car accident lawyer Devin Sawdayi can help you explore your options and pursue the compensation that you need.Pursuing Compensation after a Car Accident
As a victim suing for damages after a car crash, you probably would need to establish the following elements by a preponderance of the evidence: the defendant's duty of care, a breach of duty, causation, and actual damages. All drivers in California owe a duty of reasonable care to other drivers, and simply failing to pay attention to the road can be a breach of duty. For example, a defendant may breach the duty to use reasonable care by making phone calls while driving, drunk driving, or speeding in bad weather.
However, in some cases, the party at fault is the owner of a dangerous or defective road, which may be the government or a construction company doing roadwork. Proving duty and breach of duty in those cases may be more complicated. If you need to sue a governmental entity for a car accident arising out of the entity's negligence, you should be aware that the timeline within which to provide notice to the government is very short, and you should retain an attorney immediately after the accident.
Sometimes more than one person is at fault for an accident. In some cases, a defendant may try to argue that the plaintiff was comparatively negligent. If the defendant raises this defense, the jury will determine the amount of damages while assigning a percentage of fault to both the defendant and the plaintiff, and the plaintiff's award will be reduced by an amount proportionate to his or her fault. For example, if the jury determines the damages are $200,000, and the plaintiff was 30% at fault, the plaintiff still can recover up to $140,000 from the defendant.
Compensatory damages include both general (non-economic) damages and special damages in California. After a car accident, some examples of special damages include medical bills, lost earnings, and property damage. General damages may include pain and suffering and lost enjoyment of activities, and they can vary dramatically based on the full scope of a particular victim’s losses. An experienced attorney can illuminate all the ways in which an accident has changed your life.Discuss Your Car Accident Case with a Los Angeles Lawyer
It is important to retain a Los Angeles car accident attorney who understands the law and also genuinely cares about the rights of victims. Devin Sawdayi can investigate all of the possible sources of recovery after an accident and develop a strategy for recovering compensation. Contact us at 310-475-9399 or via our online form for a free consultation with a personal injury and wrongful death attorney.