Marin County Personal Injury Lawyer

Marin County Office Location

Location:

San Rafael Office
550 Las Gallinas Avenue
San Rafael CA 94903

Phone:

Office Hours:

Open 24 Hours

Proving Fault in a Personal Injury Case

Personal injury claims are typically based on a theory of negligence, which is the failure to use the level of care that a reasonable person would in a similar situation. Under California law, you must prove three elements in order to recover on a negligence claim:

  1. That the at-fault party (defendant) was negligent;
  2. That the injury victim (plaintiff) was harmed; and
  3. That the defendant’s negligence was a substantial factor in causing the plaintiff’s harm.

Negligence can arise in any number of ways. A careless driver could be deemed negligent if they fail to yield right of way, causing a motor vehicle accident. A physician may be considered negligent if they don’t perform the tests that a reasonable doctor would, and miss a diagnosis as a result. A business owner may be found negligent in a premises liability case if they know about a dangerous condition, such as loose tile, and fail to fix it before a customer falls and gets hurt.

If you can prove that the at-fault party was negligent in some way, then you will be able to recover financial compensation from them for your losses. Under California personal injury law, damages fall into three categories:

  1. Economic damages, which compensate an injury victim for financial losses, such as property damage, lost wages, medical bills, future medical treatment, and reduced earning capacity.
  2. Non-economic damages, which compensate an accident victim for intangible losses, including pain and suffering, emotional trauma, scarring, disfigurement, and loss of enjoyment of life.
  3. Punitive damages, which punish a wrongdoer for their conduct and are only available in rare cases (such as drunk driving accidents) where the defendant acted intentionally or recklessly.

Depending on the facts of your case, you may be able to recover all or part of these damages through a personal injury claim. A skilled Marin County personal injury lawyer can fight for your right to fair compensation, taking on the big insurance companies so that you can focus on what is truly important: getting better.

Is It Worth It to Hire a Lawyer?

When Should I Contact a Lawyer?

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What Is a Good Settlement Offer?

Because each case is unique, a good settlement offer will vary based on a number of factors, including the nature and severity of your injuries, whether you have suffered a permanent disability, the amount of insurance that the at-fault party has, and if a fault is clear. For example, a person who suffered serious burn injuries that will never fully heal will typically receive a higher settlement offer than a person who broke their arm in an accident and who will fully recover within a few months.

During a free consultation, a personal injury lawyer can give you a ballpark estimate of the value of your case. As the case proceeds, this estimate may increase or decrease. Throughout the process, your attorney will offer you legal advice on what fair compensation might be given the specific facts of your case.

Hurt in an Accident? Reach Out Today.

Being hurt in an accident can be devastating, causing physical injuries, emotional distress, and financial strain. For many people, the thought of pursuing a personal injury matter is overwhelming. Our law firm is here to help.

Based in San Rafael, Kuvara Law Firm has law offices throughout Northern California, including San Francisco, Oakland, San Jose, Vallejo, Fairfield, and Redwood City. For more than 40 years, our team has provided aggressive representation to injury victims, working hard to help our personal injury clients get the maximum compensation.

To learn more or to schedule a complimentary consultation with a seasoned Marin County personal injury lawyer, give us a call at  1-800-446-5879 or fill out our online contact form.