Understanding Your Legal Rights
Santa Monica Personal Injury Attorney
If you have suffered personal injuries as a result of another individual’s negligence, you need to gain an understanding of your legal rights and options, and we can provide the answers you need. At Sinai Law, we can help you understand what it means to pursue a personal injury case and how it can affect your life. When an action or omission of another entity results in injury to yourself or a loved one, you may have the right to obtain compensation. If you believe that you may have a claim against a negligent or reckless individual, contact our Santa Monica personal injury attorney. In the state of California, you are protected under state law if you were injured by the negligence of another party. We can protect your rights in your pursuit of justice and compensation.
Right to File a Personal Injury Claim
Depending on the circumstances of the injury-causing incident, you may have the right to file a personal injury claim, which is a lawsuit that holds the negligent party responsible for their actions by providing you with monetary compensation for your damages. You will have to prove who is liable for the damages associated with your personal injury and provide evidence that you were not responsible for your own injuries in any way. Compensatory damages are a monetary award that can come out of filing a personal injury claim. Their purpose of such an award is to restore the victim, you, to the same financial circumstances they had prior to the accident. Damages can compensate you for your financial and emotional losses that resulted from the injury.
Who is responsible for the damages?
California holds to the rule of comparative negligence, which states that damages are based on the level of negligence of each party in the accident. If you are proven negligent at all, your compensation may be reduced. If you can prove that the person who caused the injury has violated a duty of care, you can pursue compensation from your damages. A duty of care is the requirement that individuals act toward others in public with a reasonable level of caution to their safety and well-being. If multiple parties have violated their duty of care and are responsible for your injury, California’s liability rules entitle you to compensation from all parties for all of your economic damages.
It is important to understand that you do not always have the right to file a personal injury claim. Under the law of assumption of risk, if you participated in an activity that you understood could result in injury, you are not allowed to hold anyone else liable for your injuries. Assumption of risk can take place in a case involving a dangerous product. As you use certain products, you are aware of their possible risk and cannot therefore bring a product liability lawsuit against the manufacturer. Contact our firm to discuss the details of your case with a Santa Monica injury attorney and learn whether you have grounds to file a claim.