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Modesto Personal Injury Lawyer

Most accidental injuries can be prevented. Frequently, these injuries occur due to the reckless, negligent, or intentional actions of others. In such scenarios, California law allows victims to pursue compensation through legal damages.

A proficient Modesto personal injury attorney can assist in securing these damages. At Heidari Law Group, P.C., we advocate for a diverse group of accident victims and their families in the Modesto area. We recognize that recovering from an accident can be a challenging and costly journey. That’s why we leverage our extensive experience to advocate vigorously for the compensation you rightfully deserve under the law.

What You Need to Know About Liability and California Personal Injury Claims

Personal injury claims encompass a broad spectrum of accidents, including incidents involving cars, trucks, and other vehicles. Many claims also stem from premises liability, where a property owner’s negligence leads to a slip and fall accident. Additionally, injuries can result from professional negligence, such as in cases of medical malpractice.

No matter the source of a personal injury claim, the legal process for seeking compensation generally follows a similar path. The plaintiff – the individual initiating the claim – must demonstrate that the defendant acted negligently. It’s important to understand that negligent behavior doesn’t have to be intentional. In other words, the plaintiff isn’t required to show that the defendant intended to cause harm. Instead, establishing negligence involves proving the following key elements:

  • The defendant owed the plaintiff some legal duty of care.
  • The defendant breached that duty of care in some way, whether it was intentional act, negligence, or failure to act.
  • The defendant’s breach caused the plaintiff some sort of injury.
  • The plaintiff’s injury resulted in a loss or damages.

The precise definition of the duty of care varies based on the details of each case. For example, in a Modesto car accident scenario, the duty of care pertains to the responsibility of every driver to follow traffic laws and drive their vehicle safely. In the case of premises liability, a property owner is obligated to maintain their property in a safe condition, ensuring it is free from hazards. In situations involving medical malpractice, the duty of care is defined by the professional obligation of the provider to offer services that meet the standards expected in their specific medical specialty.

Why Do You Need to Work with a Modesto Personal Injury Attorney?

Damages in a personal injury case represent a financial award intended to recompense the plaintiff for their losses. These can be divided into economic and non-economic damages. Economic damages cover the quantifiable costs incurred due to an injury, such as medical expenses and lost wages. Non-economic damages, though not as easily quantifiable, are also compensable. They encompass the plaintiff’s pain and suffering and the diminished quality of life.

In exceptional instances, a California court may also impose punitive damages. These are not for compensating the victim, but rather for penalizing particularly egregious behavior, like drunk driving.

However, it’s crucial to understand that the majority of personal injury cases in California are resolved outside of court. Settlements are common, particularly when an insurance company is involved. As an accident victim, it’s advisable to engage an experienced personal injury lawyer for the settlement negotiation phase. A lawyer can help you steer clear of inadequate offers and strive for a more advantageous settlement. In cases where a settlement is unattainable, an attorney can assist in filing a lawsuit and proceeding to trial.

Nearby Heidari Law Locations