Concord Personal Injury Lawyer
If you or a loved one was injured in a preventable accident in Concord, you aren’t alone. At Milanfar Law Firm, we have exceptional attorneys and staff members who are ready to help you pick up the pieces and move forward. If you were hurt due to the wrongful acts of another person, our lawyers can seek justice on your behalf.
Attorney Shahrad Milanfar and his team have handled thousands of cases and know exactly how to litigate them in the State of California. We can offer the information, resources and high-quality representation that you need to get through this difficult time. Contact us to begin with a free case consultation.
Why Choose Us?
- We are known for achieving exceptional case results through innovative trial strategies.
- Our Concord legal team has over 20 years of experience in personal injury law.
- Our lawyers have experience on both sides of civil law matters.
- We aren’t afraid to go up against powerful defendants and insurance companies.
- We care about our clients and will give your case our undivided attention.
What Is Negligence?
You may have grounds to file a personal injury claim in Concord if someone was negligent and this is what caused (or significantly contributed to) your injury or illness. The definition of negligence is the failure to act with proper care. When negligence injures or kills another person, the negligent party can be held liable, or financially responsible, for the victim’s losses through a personal injury lawsuit.
Negligence consists of four elements:
Duty of care
Under this first element, your attorney will seek to establish that the alleged negligent party (the defendant at this point) owed you a duty of care. This duty of care will not look the same for every type of case. In fact, it may look vastly different from injury claim to injury claim. For example, every driver on the roadway owes a duty of care to others, and this duty includes operating their vehicle safely. However, the duty of care property owners owe visitors and guests looks different.
Dereliction of duty
The second element of negligence is dereliction of duty, also known as breach of duty. Here, the focus is on proving that the defendant failed to meet the established duty of care. This means showing that the defendant’s actions (or inactions) fell below the expected standard of care in a given situation.
For instance, in a medical malpractice case, a surgeon who leaves a surgical instrument inside a patient would be seen as breaching the duty of care owed to the patient. Similarly, a property owner who does not fix a broken step that subsequently causes a visitor to fall would be considered to have breached their duty of care.
Damages suffered
The third element of negligence involves demonstrating that the plaintiff suffered damages as a result of the defendant’s breach of duty. These damages can be physical, emotional, or financial. Physical damages might include injuries such as broken bones or head trauma. Emotional damages can encompass pain and suffering or mental anguish. Financial damages include medical expenses, lost wages, and costs associated with property damage. It is crucial to provide clear evidence of these damages, such as medical records, receipts, and expert testimony, to establish the extent and impact of the harm suffered.
Direct cause
The final element is direct cause, also known as causation. This requires proving that the defendant’s breach of duty directly caused the plaintiff’s damages. It is not enough to show that the defendant was negligent; there must be a clear and unbroken chain of events linking the defendant’s actions to the plaintiff’s injury. For example, if a driver runs a red light and hits another vehicle, causing injuries to the occupants, the negligent act of running the red light must be shown to be the direct cause of those injuries. Establishing causation often involves demonstrating that the injuries would not have occurred “but for” the defendant’s actions.
A defendant could be held liable for an injury if it can be proven that the defendant more likely than not caused the harm in question. The plaintiff has the burden of proof in a negligence claim, meaning it is up to the filing party to provide clear and compelling evidence of fault. Fault is established using evidence that the defendant had an obligation to exercise reasonable care, fell short of this duty of care, and gave the plaintiff his or her injuries.
What Types of Recoverable Damages Can I Receive?
Personal injury victims in Concord may be able to recover several types of compensation if their claim is successful. Our team strives to recover economic and non-economic damages on behalf of all of our clients, though the total amount of compensation available varies depending on factors related to each particular situation.
Non-economic damages after a personal injury claim focus on calculable expenses victims will likely incur, including:
- Medical expenses. Costs for past and future medical treatment, including hospital stays, surgeries, medications, and rehabilitation.
- Lost wages. Compensation for any wages lost due to the inability to work during recovery.
- Loss of earning capacity. Compensation for future income lost if the injury impacts the ability to work long-term.
- Property damage. Reimbursement for repair or replacement of property damaged in the incident.
- Out-of-pocket expenses. Any additional costs incurred because of the injury, such as transportation or in-home care services.
Though not as easily calculable, non-economic damages are equally as important for personal injury victims in concord. These types of damages seek to provide compensation for a victim’s:
- Pain and suffering. Compensation for physical pain and emotional distress caused by the injury.
- Emotional distress. Damages for psychological impacts, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life. Compensation for the inability to engage in day-to-day activities, hobbies, recreational activities, or other pleasures of life.
- Loss of consortium. Damages awarded to an intimate partner, spouse, or family member for loss of companionship and support.
How Can a Personal Injury Lawyer Help?
The average accident victim may not have experience bringing a lawsuit, establishing fault or negotiating settlements with insurance providers. Luckily, you can hire a personal injury attorney in Concord to represent you and pursue the best possible case results on your behalf. An attorney can investigate your accident, return to the scene, speak to eyewitnesses, hire qualified experts, reconstruct the accident and take care of confusing legal paperwork for you. You can trust an attorney to protect and advocate for your best interests while you spend your energy on recovering.
How Long Do You Have to File a Personal Injury Claim?
The statute of limitations on most personal injury claims in California is two years. This is a legal deadline for bringing a cause of action. For the most part, state courts in California will refuse to hear a case that is filed after the statute of limitations has expired. There are some exceptions to the rule, however, so contact an attorney about your specific time limit before assuming you have lost the right to file.
Contact a Concord Personal Injury Lawyer Today | (925) 320-3368
Help is available if you were recently injured because of someone else’s negligent or wrongful acts. At Milanfar Law Firm, we have been helping clients take a stand against negligent and wrongful parties for many years. Discuss how we can help you and your family in the aftermath of a serious accident in Concord, California. Request a free consultation today at (925) 320-3368 or by sending us a message online.