Navigating Legal Jargon: Key Terms Every Monterey Resident Should Know

One of the benefits of understanding the personal injury process is that you’re far less stressed and better able to focus on your own well-being and recovery. The entire legal process can be uncertain and stressful for many people, and one of our roles as attorneys is to guide you through this process calmly and professionally. 

In this article, you can discover…

• The meaning and significance of negligence and liability.
• The differences between a trial and a settlement.
• The significance of a statute of limitations to your case.

What Is Liability, And What Does It Mean In The Context Of Personal Injury Law?

Liability means that a party is held personally and legally responsible for their negligent acts when those negligent acts cause injury or harm to another person. Liability also applies when a person has done something illegal and is held responsible for the consequences of their actions. 

How Is Negligence Defined, And Why Is It Important?

Negligence occurs when someone breaches the standard of care, precaution, and attentiveness that they owe to others. For example, when you drive a car, you have a duty to obey traffic laws, drive carefully, and operate the vehicle the way a reasonable person would. When you fail to drive with reasonable care, you are being negligent.

In legal cases, negligence involves four aspects: 

• A duty of care
• A breach of that duty
• Damage being caused as a result
• The injuries or losses that result from that damage. 

This damage could include property damage, financial damage, bodily injury, or even death. When these four elements of negligence can be established, you can hold someone personally responsible for their actions and the outcomes. 

Can Unintentional Mistakes Be Counted As Negligence?

It’s common for people to simply argue, “Oh, I made a mistake; I didn’t see the stop sign.” In reality, we all have a duty to stay focused while on the road, notice stop signs, and stop at stop signs. When we fail to do this, our conduct falls below an expected standard of care, and any damage that happens as a result is still our responsibility.

It is very rare that a genuine accident occurs and that no one is at fault. Even unintentional acts that lack proper care and cause damage can be legally described as negligence and require compensation from the injured party.

Attorneys Bryan Lamb And Richard Frischer are seasoned, hard-working personal injury lawyers serving California. For a combined 30 years, they’ve helped clients just like you better understand the legal process, protect their rights, and get the compensation they deserve following a personal injury.

Have questions, or in need of excellent legal representation? Reach out to Lamb & Frischer Law Firm, LLP at (415) 966-4471 for an initial consultation today.
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What Is The Difference Between A Trial And A Settlement?

A trial is a process of presenting your case before a judge and jury in a courtroom, having the judge or jury decide if the other party is responsible and determine how much they owe you. 

A settlement, on the other hand, involves you, your attorney, and the insurance company reaching an agreement on how much money you will accept to end the case without going to trial. 

Settlements are unique in that they are completely within your control as an injured party. You can decide to settle for anything that the insurance company offers or negotiate for higher amounts. Trials, on the other hand, are very much out of your control. While your attorney will do their best to represent you, the verdict and the settlement are left to a jury, who may ultimately rule against you or offer you less than a settlement would have guaranteed. 

As long as the insurance company or the defendant offers a reasonable amount in settlement, it makes more sense to settle the case out of court, as this allows you to retain control of the outcome and the amount. If the insurance company refuses to offer a reasonable amount, you and your attorney can then proceed to trial. 

What Does Burden Of Proof Mean For My Personal Injury Case?

The burden of proof is what a jury needs to decide that the weight of evidence is in your favor, allowing you to win the case. In personal injury cases, this burden (or amount of proof) is that your claim is more likely than not to be true or more than 50% likely to be true and, therefore, worthy of compensation. 

This civil burden is known as a “preponderance of evidence.” You and your attorney will work together to help prove to a jury that your case against the other party is more likely than not to be valid and worthy of damages. The jury then decides if they find this proof compelling and, if so, the awards they feel you are entitled to. 

What Are Statutes Of Limitations, And How Do They Affect My Claim In California?

The statute of limitations is the deadline that you have to file a lawsuit. For most personal injury cases, this deadline is two years from the date of your injury. Once you pass the deadline, you have generally lost the right to settle, sue, and win damages. 

Exceptions to the statute of limitations can include not realizing you were injured until later, incarceration, and incapacitation. Still, speaking to an attorney immediately following your injury is best and ensures that deadlines are met and that you have ample opportunity to file your claim.

How We Support Clients Like You

Our team is here to help you understand what to expect at each step of the legal journey, let you know what, if anything, you need to do, and keep you updated as to how the case is progressing. This allows you to leave us in control and focus on getting better. 

We’ll answer any questions you have as the case progresses and make sure that you’re informed without being overwhelmed. Let us handle the legal presentation of your case while you focus on your health, family, and recovery. 

Still Have Questions? Ready To Get Started? For more information on Navigating Legal Jargon In Monterey, CA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 966-4471 today.