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What does standard of care have to do with your accident?

Proving that someone owes you compensation after a California car accident or other type of motor vehicle accident is not an easy task, no matter how strong your case may be. It can be difficult to distinguish between what was a simple human error and negligence, and in order to do so, your personal injury claim must present evidence that the party you believe to be at fault violated a certain standard of care.

Negligence includes actions or lack of action that results in the injury or harm of a person. Negligence occurs when a person fails to adhere to a reasonable standard of care in any given situation, causing harm. You may be able to claim compensation if you are able to clearly prove negligence was the cause of your pain and suffering.

Proving negligence and building a strong claim

Proving that a person acted negligently and violated a reasonable standard of care could be a difficult task. It can be difficult to know if you may have grounds to move forward with a civil claim. When deciding if a claimant has a right to compensation based on negligence, the court may consider the following of the defendant:

  • Whether the defendant acted reasonably based on what he or she knows
  • Whether the defendant acted reasonably based on his or her experiences
  • Whether the defendant acted reasonably based on his or her perceptions of the situation

Acting unreasonably, or outside of what would be considered safe, normal, practical actions, could be grounds for awarding damages to the person harmed or the family of a person killed as a result of negligence.

The detrimental consequences of your accident

Just one moment of distraction or one mistake could lead to devastating consequences for you and your family. If you are suffering from the physical and financial fallout that came after an accident, and you believe that another person is responsible for it, you may have a rightful claim to compensation for the following:

  • Medical bills
  • Lost wages from time missed from work
  • Damage to your personal property
  • Emotional pain and suffering
  • Continued medical needs

Proving that you suffered due to the negligence of another person is not an easy process, but you may find it beneficial to take quick action to protect yourself and your interests after an accident. With help, you may be able to prove that the liable party violated the acceptable standard of care and that you have a right to compensatory damages.

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