David Azizi has dealt with the concept of negligence since he started practicing personal injury law 21 years ago. During that time, he has won nearly 100 percent of his cases and won the compensation his clients needed. If you have suffered injuries due to a negligent person, call Los Angeles slip and fall lawyer David at (800) 991-5292 to find out what your options are, how much your case is worth and have your questions answered. We are here 24/7 to take your calls.
Elements of Negligence in a Personal Injury Case
The elements of negligence begin with a person’s duty of care to other people. For instance, the owner of a grocery store has a duty to keep the premises safe for shoppers. This includes using mats in front of produce bins that are misted, sometimes getting water on the floor.
The owner or person in control may break or breach that duty by not using slip-resistant mats. A shopper may slip on the wet floor and suffer an injury to his or her head. In this case, the lack of slip-resistant mats was the reason the individual fell. This could not have happened unless the owner failed to take this safety precaution. That serves as an actual cause of the injury. Further, the injury has financial damages associated with it.
On the other hand, the mats may have been used as they should be. A customer, after having chosen a wet head of lettuce, shakes it out on the floor beyond the mats. Another patron slips on the floor that is beyond the mats and injures their head. This may not be considered a proximate cause of the person’s injury since the owner took the necessary precautions. However, the person who caused the wet spot on the floor may be considered negligent. In this case, the person’s homeowner’s insurance may pay for the plaintiff’s (person who was injured) injuries.
How an Attorney Proves Negligence
An attorney will gather all information available from the accident scene. This includes witness statements, incident reports, photos of the dangerous condition and video footage showing the accident as well as the store employee’s failure to clean the up spill up. He or she will gather medical records that describe the injuries the individual suffered and that link the injuries to the accident. Medical experts may be needed if the injuries require supportive information on whether or not compensation will be awarded to the injured party.
At the start, the attorney may negotiate with the insurer of the premises to reach a fair and just compensation. However, insurance company offers may not keep pace with the plaintiff’s medical expenses, lost wages and other costs associated with the injury. When this happens, it is not a good idea to accept a low offer since the insurer will ask you to sign a release, freeing them from any further liability.
It is also not a good idea to start negotiating or taking the case to court before the plaintiff’s treatment has concluded. It is impossible to guess the treatment outcome or the need for further treatments such as surgery. In some cases, the injuries may lead to a chronic condition and that too must be presented.
Taking the Case to Court
There are times when insurance company negotiations fail, and the case must be taken before a jury. When this happens, the evidence will not only be presented to the jury but your attorney will prove the impact the accident had on the plaintiff. On occasion, it is necessary to bring in medical experts. The jury will decide on the award the plaintiff will receive.
Choose Attorney David Azizi When Another’s Negligence Causes You Harm
David has been called one of the top-rated attorneys in Los Angeles and Beverly Hills by Super lawyers and Expertise.com. This praise is due to David’s empathy for clients, his knowledge of the law and his nearly 100-percent win ratio. David’s tenacity is well-known by insurance companies and clients alike. Call him when you’ve been injured at (800) 991-5292. As so many other clients have said, you won’t regret it.