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Fresno Personal Injury Attorneys
PERSONAL INJURY ATTORNEY SERVING THOSE IN FRESNO, CA
Nobody should have to suffer injury, whether mental, physical or emotional, due to the actions of another person. You are entitled to freedom from injury caused by another person’s carelessness.
California laws protect all individuals and prohibit other from causing them harm. When harm has resulted to you or your loved one, the law protects your right to hold the responsible party to account and recover compensation from them.
Our Fresno personal injury lawyers at Steven P. Roberts Injury Lawyers understand the pain and stress of suffering a personal injury. We now that these events, apart from causing you pain, will strain you financially. This is why we are prepared to fight aggressively on your behalf to recover full compensation for your injuries. We have years of experience and skill that we will put to work on your behalf to help you right your finances and get your life back on track.
If you were a victim of the negligence or recklessness of others, contact us today at Steven P. Roberts Injury Lawyers for swift and firm representation.
What You Need to Prove to Have a Personal Injury Case
In Fresno, CA, in order to be entitled to compensation, you need to be able to prove that the other party was negligent. This involves establishing certain elements that must be present in your case. These elements are:
- Existence of a duty: A duty of care is a legal obligation to not cause injury. The defendant (other party) must owe the plaintiff (you) a duty before negligence can be established. The two types of duty that can be owed are duty of care and special duty. Both duties are usually imposed by law and they establish the standard of behavior expected of an individual in relation to others.
- Breach of Duty: A breach is a violation of law or the duty imposed on a party. Once it is established that the defendant breached this duty of care or special duty, they are at fault. You can point to something the person did or failed to do which was careless or negligent. For instance, failing to properly restrain their dog that is known to be dangerous will constitute a breach of this duty.
- Proximate cause: It also needs to be established that the defendant’s breach of duty was the proximate cause of the injury you suffered. If the action or omission of the other person was not what led to the injury, you may not be able to claim negligence.
- Damage: You have to show that you have suffered damage from the defendant’s actions. The damage may be to you personally, your property or your loved one.
In order to win a Fresno personal injury claim and secure compensation, ALL of these factors must be established. If any one of these is absent, it renders your claim invalid.
Recovering Compensation in a Fresno Personal Injury Lawsuit
Fresno personal injury law allows a person to secure compensation for various types of wrongs. The legal term for the compensation you would be entitled to is damages.
Damages are usually monetary and would be awarded when you are able to show that the other party was negligent. There is also another types of damages called punitive damages. They are awarded in a very small number of cases and are usually unconnected to the actual but are awarded to punish the other party for certain types of egregious behavior. You could be entitled to compensation for but not restricted to the following:
- Pain and suffering caused by injuries
- Medical bills for treatment of injuries suffered
- Disability or disfigurement caused by the injury
- Psychological or emotional trauma
- Repair or replacement of damaged property
- Lost wages due to the injury
One thing that could reduce the amount of damages you’re entitled to is the principle of shared or partial blame.
California operates under a system of comparative fault. This means that if you were found 10% at fault and the other party was found 90% at fault, you would only receive 90% of the awarded compensation or settlement.
Filing a Fresno Personal Injury Lawsuit
There are specified periods of time in which a Fresno personal injury lawsuit can be filed. Under the statute of limitations in California, you have two years to file a personal injury lawsuit and three years to file for property damage. The time starts reading from the date the incident happens.
Statute of limitation laws try to create a finite end to legal conflict so that a solution can be arrived at during that window of time and everyone can move on with their lives.
Speak to a Fresno Personal Injury Lawyer Today
If you have been a victim of injures caused by the carelessness of others, let our Fresno personal injury lawyers fight for you. We have worked with hundreds of Fresno residents just like you and have helped them recover fair compensation for their injuries.
We will treat your case with the attention it deserves and help you get a better understanding of your rights, and options for redress. Call us on (805) 542-9900 to schedule a free, no-obligation consultation.