When Does an Injury Qualify for a Settlement in California?

If you’ve been injured in California, you may feel overwhelmed with how quickly medical bills accumulate. Obtaining a settlement to pay for your damages is helpful, but it’s hard to know whether your case will be successful in court. Although some cases are more complex than others, there are some simple ways to determine whether you have grounds for a viable case.

Speaking with an experienced attorney from The Kindley Firm, APC is a great way to get the details of your case in order. Our San Diego personal injury lawyers have in-depth experience handling accidents of all types. We know how to identify negligence and calculate the value of your claim based on the damages you’ve suffered.

Did Your Accident Involve Negligence?

The first thing you must ask when trying to figure out whether your injury qualifies for a settlement is whether your accident involved negligence. Although negligence is sometimes obvious, for instance, when a drunk driver causes an accident, it’s not always clear whether negligence has occurred. You may need to have your accident thoroughly investigated.

Incidents such as slip-and-fall injuries, product malfunctions, work-related injuries, dog bites, and nursing home abuse can involve negligence. It may take evidence such as photographs, witness testimonies, and video footage to prove negligence in court.

Did You Suffer Damages from the Injury?

Even if you can prove that the defendant in your case was negligent, you must prove that their negligence caused your injury. If you didn’t suffer an injury or other damages in your accident, then you can’t recover compensation. Damages can include both financial and non-financial losses such as medical expenses, lost wages, pain and suffering, and emotional distress.

Contact a San Diego Personal Injury Attorney

The key components to qualifying injury cases are negligence and damages. If your accident involved negligence and the liable party’s negligence resulted in your damages, your claim should be successful in court.

If you have further questions, you can discuss your case with a San Diego personal injury lawyer from The Kindley Firm, APC. Call 619-550-1313 or fill out the contact form below to schedule a free consultation.