General Negligence Lawyer in Los Angeles

General Negligence Lawyer FAQs

What are damages in negligence cases?

In negligence cases, damages are compensation awarded to the victim for the injury or loss caused by the wrongful action of another party. Victims may be entitled to economic damages for verifiable monetary losses such as past or future medical expenses, household services, property damages, lost wages, or lost future earning capacity. Non-economic damages may also be awarded for non-monetary losses including pain and suffering, emotional distress, inconvenience, loss of consortium, loss of companionship, or loss of enjoyment.

Why is proof of causation so important in a negligence action?

Proof of causation is important in a negligence case because in order to prove that another person’s actions or inaction is responsible for your harm, you need to show that their behavior caused your injury.

Is it hard to prove negligence in litigation?

The difficulty of proving negligence depends on the specific case. The various factors that must be proved in a negligence case will vary. Due to this, some negligence cases will be more challenging to prove than others. However, an experienced negligence attorney will be able to prepare the strongest case possible ensuring the highest of a successful outcome. 

Is a mistake considered negligence?

Although not all mistakes are not considered negligent, some mistakes are. For a mistake to be considered negligent, a person must show that the other party who made the mistake did so in a way that is considered below the normal standard of safety. In other words, you must show that the other’s person mistake failed to meet a reasonable person’s standard of care.

How do you establish a duty of care in negligence cases?

In general, duty of care is based on how a reasonable person would act in a similar situation. For example, if the floor is wet inside a store, then a reasonable business owner would put signs to caution customers or anyone walking inside the store. In this case, the business owner would have a duty of care to put the sign to help prevent an accident in the store.

How is strict liability different from negligence?

In strict liability claims, a defendant is liable regardless of if they are directly to blame for the causing the injury. The only thing the plaintiff needs to prove is that the incident occurred and it resulted in harm.

How difficult is it to prove medical negligence?

Medical negligence can be very difficult to prove because of the complexity of most medical negligence claims. However, an experienced lawyer will be able to prove that the medical healthcare professional acted negligently and due to that negligence, the patient was injured. Generally, experts will be brought in to testify as to whether it is a case of negligence.