The first step to establishing any personal injury claim is showing that your injuries are the direct result of another person (referred to as the defendant). The majority of personal injury cases involve proving that the defendant was negligent. There are certain elements to negligence that have to be established in your case in order to proceed with a personal injury claim:

• Duty of Care: This means that a person has a legal responsibility to reasonably avoid causing harm to another person through their action or inaction.
• Breach of Duty: This occurs when a person fails to uphold a standard of care. This could mean the defendant’s behavior caused the injury, the defendant failed to keep the other safe, or the defendant failed to warn the other about potential danger.
• Causation: The plaintiff must prove that the defendant was the direct or proximate cause of their injuries.
• Damages: The plaintiff has to prove that the defendant’s action or inaction caused their loss or harm.

If all of these are present in your personal injury claim, you may be eligible to be awarded damages.

Damages are often awarded through financial compensation. They are meant to compensate the victim for loss that was suffered or incurred. Numerous factors are involved in determining compensation, and since no two cases are alike, the types and amount of compensation a victim may be due must be determined on a case-by-cases basis.

Examples of compensation that may be available to an accident victim include:

• Medical expenses (past/present/future)
• Pain and suffering (physical/emotional)
• Loss of consortium
• Lost wages
• Loss of quality of life
• Disfigurement
• Disability
• Loss of parental guidance

Again, since every case is different, there is no hard-and-fast rule for how long a case will take to resolve. It is important to consult an experienced attorney who can thoroughly investigate your case, determine who can be held liable, and fight for the fair outcome you are due. If a fair settlement cannot be reached, it may be in your best interests to take the case to trial in pursuit of a better result.

Many personal injury lawyers, including the Orange County injury lawyers at the Law Office of Marshall Silberberg, accept cases on a contingency fee basis. This means that there are no up-front costs to begin your case. Your lawyer will advance all costs to investigate, negotiate, or litigate your cases, if necessary, and will only accept payment if he or she wins your case. If a recovery is made, attorney fees are taken as a portion of the settlement or verdict, so there are no out-of-pocket costs and no risk. This ensures that everyone has access to the justice system regardless of their ability to pay.

California is a pure comparative fault state. That means that you can seek compensation if you are less than 100 percent at fault for the accident. A certain percentage of fault will be assigned between you and the other party, or parties, involved in the accident. The amount of your settlement will be reduced based on your percentage of fault.