Life-changing accidents can happen in the blink of an eye. If you’ve been injured, don’t leave your recovery to chance. Work with a personal injury lawyer who will fight for you every step of the way.
Personal Injury Law in San Francisco and Oakland
If you were injured or experienced property damage because someone else was reckless, careless or negligent, the law gives you the right to recover compensation in court. Personal injury covers the following accident cases as well as lawsuits stemming from defective products or violent crimes.
• Assault and battery
• Brain and spinal cord injuries
• Car and truck collisions
• Dog or animal bites
• Motorcycle accidents
• Negligent security
• Pedestrian accidents
• Premises liability
• Product liability
• Slip or trip and falls
• Workplace injuries
• Wrongful death
In personal injury law, the person who was harmed is called the plaintiff, and the person who allegedly caused the accident is the defendant. The burden of proof always rests on the plaintiff. When a personal injury lawsuit goes to court, the plaintiff must prove four things.
1. Duty of Care
First, you must show that the defendant had a duty to ensure your safety when the accident occurred. You might assert that another motorist owed you an ordinary level of care, or you might claim that the local grocery store should have protected you as a shopper.
2. The Breach
Then, you must show that the defendant breached the duty of care. You might provide evidence that the other driver was texting and speeding, or you might show that the store failed to clean up a dangerous spill.
• Negligent torts stem from unintentional accidents caused by carelessness or recklessness.
• Intentional torts include violent crimes, assaults and wrongful death claims resulting from deliberate or foreseeable accidents.
• Strict liability applies to injuries caused by defective or poorly designed products.
Next, you must show that you were harmed. Courts may award economic and noneconomic damages for the following losses.
• Diminished earning capacity
• Disabling injuries
• Disfigurement or scarring
• Emotional distress
• Medical bills
• Pain and suffering
• Past and future lost wages
• Property damage
4. Proximate Cause
Finally, you must show that the defendant’s failure to exercise reasonable care was the direct cause of your injuries. In other words, you need to prove that the accident wouldn’t have happened if the defendant had met the duty of care.