Attorneys at the law firm of Kingsley & Kingsley handle personal injury claims in Los Angeles and throughout California involving serious injuries and large liabilities caused by the negligent or wrongful actions of others.
Theory of Negligence
The law imposes a duty on individuals to act with the reasonable level of care expected of an average person. When someone breaches that duty, causing injury, the negligent person is liable to the injured individual for the damages he or she caused. These compensatory damages include economic losses such as property damage, present and future medical expenses, and lost wages from work missed due to injury or from a diminished earning capacity. The law also compensates the injured person for “non-economic” damages such as pain and suffering, mental anguish, and emotional distress. Attorneys’ fees and court costs incurred by the plaintiff are often recoverable as well, and in instances where the defendant acted particularly recklessly or maliciously the court may also impose punitive damages.
Effect of Plaintiff’s Negligence
Sometimes the defendant will claim that the plaintiff was also negligent in causing the accident or contributing to the extent of plaintiff’s own injuries. In California, the doctrine of comparative negligence nevertheless allows an injured plaintiff to recover against a negligent defendant for the percentage of the injury attributable to his or her negligence. It does not matter if the plaintiff is more than 50% at fault; all people remain liable for the damage they cause.
The duty of care in general extends to all people in all activities and is owed to anyone whose harm is a reasonably foreseeable outcome of the negligent activity or omission. In cases of construction accidents or premises liability-related injuries, property owners, contractors, and real estate developers may be liable.
Our lawyers are also experienced in tackling claims involving catastrophic injuries, such as traumatic brain injury. We understand the complicated issues involved in proving these cases, as well as the proper ways to calculate and prove the expenses associated with such injuries, which often involve a lifetime of added expense and additional care.
Experienced Representation is Essential
Every claim is bound by a statute of limitations, during which time a plaintiff must file a lawsuit or risk losing the ability to sue. In most personal injury cases in California, this timeframe is two years from the date of injury, but there are many instances where the time may be longer or significantly shorter. For this reason, it is critical to contact an attorney as soon as possible following an injury to ensure that important deadlines are not missed. An experienced personal injury lawyer will begin preparing your case right away, preserving evidence and recording witness memories before they fade, placing your claim in the most favorable position for a full and fair recovery.
If you have been injured in an accident due to the negligent or wrongful conduct of another, contact Kingsley & Kingsley for a free consultation. We take cases on contingency fee basis, meaning you pay no legal fees unless we successfully obtain recovery on your behalf.