A Los Angeles Personal Injury Attorney covers a variety of different cases that have all resulted in some type of personal injury. That can mean injury due to negligence, product defects, wrongful death, construction issues, as well as many other categories. The reason injured parties need a car accident attorney in Los Angeles is to have an experienced professional who knows what is required in each type of case. Most attorneys provide free initial consultations so people can learn if they have a case for a personal injury lawsuit, and so the attorney can evaluate the situation. There are several components that are involved in any type of personal injury lawsuit. Most cases are due to negligence, for example, and the burden of proof is on the attorney for the injured party.
In order for negligence to be proven, five conditions have to be met before compensation will be received. The Los Angeles Personal Injury Attorney has to first prove that the defendant owed a duty of care to the plaintiff. An example would be the driver of a vehicle having a responsibility to the other drivers on the road. Once that is established, the attorney has to prove that a breach of that duty occurred, and that it was the cause of the injury. The next component is to prove whether or not the injury could have been predicted, and finally, that the injured party suffered actual injury and damages. Most people are not aware of all those components, let alone have the knowledge or skill to prove them. In some cases, the burden of proof is on the defendant. That includes circumstances that lead to the presumption of negligence, such as driving under the influence or violating the right-of-way rules.
A personal injury lawsuit based on product defects has different components that have to be established. Product defects can include manufacturing defects, design defects, or a lack of proper warnings or instructions on products. In those cases the attorney has to prove that an injury or loss was suffered. Another component is that the defect was the cause of the injury. Once those are proven, the attorney has to prove that the product was used correctly, or exactly as indicated on packaging and instructions when the injury occurred. That requires time, resources, and a willingness to take a case to court, if a settlement cannot be reached. Those seeking legal representation for any type of personal injury have to select an attorney carefully. One with a lack of experience, for example, can fail to prove one or more of those components, and lose the case. That leaves the injured party with no compensation, and a lot of accrued medical bills and expenses. Those who have suffered personal injury can go to www.HinmanPeck.com for videos and information, and to set up an initial consultation.