Establishing Liability In Oxnard Personal Injury Cases

By December 14, 2015Oxnard, CA, Personal Injury

The realm of personal injury law is vast because so many different types of injuries qualify as personal injuries. When someone acts negligently, and their negligence causes you to suffer an injury, you may have a personal injury claim against those who are responsible.

Types of Personal Injuries In Oxnard

Some of the most common types of personal injury cases include:

  • Motor vehicle accidents of all types;
  • Bicycle accidents;
  • Pedestrian accidents;
  • Premise liability;
  • Slip and fall accidents;
  • Animal bites;
  • Brain injuries;
  • Back, neck, and spinal injuries;
  • Defective products, drugs, and medical devices; and
  • Wrongful death cases.

Who Can Be Held Liable For My Injuries?

Who can be held liable for your injuries is highly specific to the facts of your particular accident that caused your injuries. An experienced personal injury lawyer can help you identify all of the relevant parties who may be liable for your injuries. By way of a few examples:

  • If someone hit you with their vehicle, you would have a personal injury claim against the party that hit you and most likely his or her auto insurance provider.
  • Tacking on to the previous example, if the driver that hit you has no insurance, and you hold an uninsured motorist coverage policy on your own auto insurance, you can file an uninsured motorist accident claim for your damages with your own auto insurance provider.
  • If you were hit by someone driving a commercial (i.e., work) vehicle, while they were on the clock, the driver and his or her employer may be liable for your injuries through vicarious liability.
  • If you slip and fall while on the business premise of a store or shop, the person who owns, possesses, or controls the premises may be liable to you. This could be, for example, a franchise owner (possesses the establishment) or the franchise (owns the premises).
  • If you are bitten by a dog that belongs to someone else, but is being walked by a dog walker, you may have a personal injury cause of action against both the dog walker (via negligence) and the dog’s owner (via strict liability under CA Civil Code 3342).

When multiple parties can be held liable for the injuries of a victim, it is important that a personal injury lawyer review the facts of the case and make a liability determination based on the principles of comparative negligence. A victim cannot obtain the total amount of recovery sought from each of the defendants. If this were possible, the victim could end up with twice, thrice, or more times the amount of compensation the victim needs, and all of the defendants would unfairly have to pay damages for more than their fair share of the accident.

Rather, liability is divvied up between the multiple parties that can be held liable for the injuries of a victim. A portion of the fault can even be placed on the shoulders of the victim, and the victim is still able to seek compensation from the liable parties, minus for the victim’s share of the liability.

Contact A Personal Injury Attorney In Oxnard

If you have suffered a personal injury due to the fault of another, the Oxnard personal injury attorneys of the Quirk Law Firm, LLP can help. Contact Attorney Trevor Quirk for assistance with your personal injury case. Call us today at (805) 650-7778.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778