The legal concept of negligence requires proof against a company or individual who is responsible for causing harm or injury through careless actions or behaviors. This concept is held up by the idea that negligence is any act that is performed below a certain standard of care, which can include anything from elderly neglect to medical neglect. Negligence can also be applicable in cases that result in property damage or, more commonly, personal injury.
In most circumstances, a case needs to be established for the court to determine fault. Negligence law can be difficult to navigate on your own. A California personal injury lawyer will be a valuable ally in your pursuit of the compensation you deserve.
Defining Negligence in California
The elements of negligence are divided into four different categories, which are used to determine fault in a personal injury case. These categories include duty of care, breach of duty, causation, and damages. These elements must be established to prove that the defendant acted negligently.
- Duty of care: The defendant had a legal responsibility for the care of the plaintiff, like a doctor and a patient or a storeowner and a customer.
- Breach of duty: This element covers the act of misconduct, highlighting and identifying whether or not the defendant meets the legal requirements for their conviction. It helps to determine what went wrong and how it happened.
- Causation: Any argument of causation brought to the court must be both legal and truthful. This element requires that the plaintiff prove they sustained an injury as a result of the defendant’s lack of care. However, if causation is determined to be brought on by a random act of nature, the case will likely not be successful.
- Damages: This broad category includes medical bills, pain and suffering, and lost wages. The court determines whether the plaintiff can be compensated for the injury that they sustain as a result of any previous elements.
What Is the Negligence Law in California?
Listed as Civil Code 1714, the California negligence law states that anyone is responsible for injuries caused by their lack of care in any given circumstance. Whether this means the defendant was driving recklessly or didn’t provide their employees with proper safety equipment, the law explains that negligence has a firm definition and requires solid proof.
California Statute of Limitations for Negligence Cases
In the State of California, negligence cases have a statute of limitations. These statutes provide a timeline of eligibility for cases to be brought up in court. Personal injury and property damage cases carry a statute of two years, after which the case is no longer viable.
This timeframe is greatly reduced if the defendant is a public business or a private institution. Cases that involve any malpractice in the professional sense have a shorter statute of only one year. With this in mind, it is important to file your case as soon as you can in order to see your claim brought before the justice system.
Need Help with Your Negligence Case in California?
Do you need an experienced attorney to help you with your negligence case? Are you looking to help prove fault for a personal injury or property damage claim? Look no further than the legal experts at Adamson Ahdoot. We are an experienced law team dedicated to helping you and your loved ones seek justice.
Our California-based boutique firm has more than 100 years of combined experience. If you’re ready to take the next step in your negligence case, call us now at 877-871-3265 or complete our online contact form to schedule your free consultation today and learn more. The lawyers of Adamson Ahdoot are here to help you every step of the way and ensure you get the compensation that you deserve.