Introduction
After suffering an injury, trying to pursue justice through the legal system can be a challenging process. Understanding California’s system of negligence law deserves attention not just from victims, but also from their attorneys. This article explains the law of negligence in California, the components necessary to form a case, and the role of medical record review services in the efficacy of legal representation.
What is considered to be Negligence?
Definition of Negligence
- Legal Term: The term negligence is used to describe a scenario when someone does not exercise expected care and causes injury to another person in the process.
- Key Components: In order to claim negligence the following four components need to be fulfilled:
- Duty of care
- Duty of care: Failure to observe or provide adequate damage control.
- Causation: Failure on one’s part to reasonable foresee consequences of their actions leading to or amplifying adverse results.
- Damages: Loss of an asset or incurring of extra expense.
Duty of Care
- Explanation: A duty of care is a responsibility in law not to act in a way that would cause harm to other people.
- Examples: Observing the speed limit while driving and maintaining safe premises are basic example to demonstrate the callous indifference shown to other people and their safety.
Breach of Duty
- Definition: A person fails to follow the reasonable person standard of care for an ordinary human being which completes a breach.
- Assessment: Courts make an inquiry and deliberation on the matters put before them to ascertain if the acts of the defendant were reasonable in the circumstances.
Causation and Damages
Establishing Causation
• Direct Cause: The burden rests with the plaintiff to prove that the defendant’s conduct resulted in the injury.
• Proximate Cause: This is whether the injury occurring was as a consequence of any operative risk created by the defendant.
Types of Damages
• Compensatory Damages: Compensatory damages attempt to make good the injury sustained by the plaintiff who includes medical costs, wages, and suffering.
• Punitive Damages: These are granted in cases of extreme negligence to penalize the offender and prevent repetition of such offenses. Comparative Negligence in California
Understanding Comparative Negligence
• Definition: California has “pure comparative negligence” policies so that even a partially-at-fault plaintiff is entitled to damages.
• Impact on Compensation: The total damages in figure awarded will be deducted by the proportion of fault assigned to the plaintiff.
Example of Comparative Negligence
• Situation: In the event a jury decides that a plaintiff is 30% responsible for an accident, they will only receive 70% of the estimated compensation.
The Importance of Medical Record Review Services
Why Should Attorneys Care
• Case preparation: Review of medical records facilitates thorough appreciation of the injuries in question and treatment undertaken.
• Collection of information: Comprehensive medical records can support the case of damages being claimed and in supporting the case of negligence.
How We Assist Attorneys
• Conducting thorough analysis: We prepare medical history, treatment, and prognosis files tailored for personal injury cases in detail.
• Testifying as expert witnesses: We give expert opinions on medical issues concerning personal injury cases.
Case Studies
Case Study 1: Slip and Fall Incident
• Overview: One of the customers has a case that arose from slipping and falling on the wet floor of a grocery store leading to a common fractured wrist.
• Challenges: How to prove that the store was negligent in ensuring that there were safe conditions.
• Solutions: It was the medical record reviews that came to the aid with the slide show of injury and treatment.
Case Study 2: Auto Collision
• Overview: A motorist sustained severe neck damage after being hit from behind at a stoplight.
• Challenges: Proving the other driver’s negligent behavior and how the existing medical condition affects the case is challenging.
• Solutions: Detailed assessments of the patient’s medical documents sufficed in determining the injuries and treatment history.
Conclusion
For an injured person who seeks to claim negligence, navigating California’s negligence law is critical. With the aid of medical record review services, lawyers can provide better recommendations to their clients which enhances the adequacy of claim filing. For any inquiries related to your rights or help with personal injury claims, reach out to us now and let us provide you professional assistance.
