Merced Personal Injury Lawyer

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Most accidental injuries are preventable. Indeed, with many accidents the victim’s injuries are the result of reckless, negligent, or intentional conduct by another person. In such cases, the victim has the right under California law to seek compensation in the form of legal damages.

A skilled Merced personal injury lawyer can help you in obtaining such damages. At Heidari Law Group, P.C., we represent a wide range of accident victims and their families. We understand that recovering from an accident is often a long, difficult, and expensive process. That is why we will put our decades of experience to work for you in fighting for the compensation that you are entitled to under the law.

What You Need to Know About Liability and California Personal Injury Claims

Personal injury claims arise from a wide range of accidents, such as those involving cars, trucks, and other vehicles. Many cases also originate in premises liability–i.e., a property owner’s negligence leads to a slip and fall accident. Then there are injuries arising from professional negligence such as medical malpractice.

Regardless of how a personal injury claim originates, the legal steps in seeking compensation are largely the same. The plaintiff–the person bringing the claim–needs to prove that the defendant was negligent in some way. Negligent conduct need not be intentional. That is to say, the plaintiff does not have to prove that the defendant was trying to hurt them. Rather, negligence requires proof of the following elements:

• The defendant owed the plaintiff some legal duty of care.
• The defendant breached that duty of care in some way, whether it was intentional act, negligence, or failure to act.
• The defendant’s breach caused the plaintiff some sort of injury.
• The plaintiff’s injury resulted in a loss or damages.

The exact nature of the duty of care will depend on the specifics of a case. For instance, in the context of a car accident, a duty of care refers to every driver’s obligation to obey the traffic laws and operate their vehicle in a reasonably safe manner. With a premises liability claim, a property owner has a duty of care to keep their property in a reasonably safe condition free of hazards. And in medical malpractice, the duty of care is a professional obligation to render services that are appropriate to that provider’s specialty.

Why Do You Need to Work with a Merced Personal Injury Attorney?

Damages in a personal injury case are a monetary award meant to compensate the plaintiff for their losses. A court can award both economic and non-economic damages. Economic damages are the plaintiff’s measurable out-of-pocket costs arising from an injury, such as medical bills and lost income. Non-economic damages, in contrast, cannot be precisely quantified yet can be compensated. This includes the plaintiff’s pain and suffering as well as their overall loss of enjoyment of life. In rare cases, a California court may also award punitive damages. Such awards are not designed to compensate the victim, but rather to punish intentional or grossly reckless conduct, such as drunk driving.

It is important to note, however, that most California personal injury cases never go to trial. Most claims are settled by the parties out of court. Settlements are especially likely when an insurance company is involved. But as the accident victim you can–and should–work with an experienced personal injury attorney during the settlement negotiation process. An attorney can help you avoid “lowball” offers and ultimately help you obtain a more favorable settlement. And if a settlement proves impossible, an attorney can help you prepare a lawsuit and take the matter to court.

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