December 13, 2013

Do I Have Grounds to File an Accident Claim with a Los Angeles Attorney?

There is a wide range of personal injury accidents where you may be entitled to seek monetary damages against another individual or party. In order to determine whether you have grounds for filing a case using your local Los Angeles accident attorney, there are a few key elements which need to be present. First, and foremost, there has to be another individual or party involved in the accident. Without another contributing party, there is no-one to sue.

Next, and equally important, is negligence caused by the other party involved in the accident. Negligence is the amount of fault they contributed towards your personal injuries. One way to gauge fault is to evaluate whether, if the other party had taken better precautions, the accident would have occurred. If a change in their actions could have avoided the accident and prevented your injuries, they were at fault. However, the amount of negligence is based upon a certain percentage and is often established using police reports, medical reports, and accident reports. The types of reports issued after an accident do depend upon where and how you sustained your injuries. Your Los Angeles accident attorney uses the reports, as well as your account of the accident, to determine who is at fault and the degree to which they contributed to your injuries.

For example, if you slipped and fell from damaged carpeting in a shopping center and were injured, you may not necessarily file a police report. However, you should make sure to complete and file an accident report with the building owner, as well as seek medical treatment, so a medical report can be completed detailing the extent of your injuries. In this example, the owner of the building could be held accountable for your injuries. There might be other parties also responsible, such as the store leasing the space from the building owner. If either party knew the carpeting was damaged and in need of repair, but failed to take proper corrective actions, they would be considered negligent.