Legal Recourse Following Holiday Personal Injuries

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b2ap3_thumbnail_Untitled-design-38.jpgWhether driving to visit family and friends or shopping on busy streets and plazas, the holiday season, with its increased traffic, congestion, activity, and inclement weather is a time of exposure to increased risk of personal injuries. Auto accidents, slip-and-falls (whether as a customer or employee), and mishaps with defective holiday gifts and other products are all possibilities. Injuries, whether short or long-term, can upend not just holiday plans but also one’s employment and educational goals and responsibilities. When you have suffered personal injuries as a result of the negligent or intentionally wrongful conduct of an individual, business, or institution, and experienced Fremont personal injury attorney will advocate for your legal right to compensation for the harms and losses you have suffered.

Negligence is a Common Cause of Personal Injuries

With so many Californians on the state’s roads and highways in late December, there is an increased opportunity for auto accidents – especially when conditions are slick and dangerous on account of rain and low visibility due to fog in the Bay Area or snow in areas of increased altitude and lower temperatures. Importantly, no matter the amount of traffic or severity of the weather, all drivers, whether individual or on-the-job, owe a duty of safe driving to one another. This duty includes driving in accordance with the rules and regulations (e.g. speed limit) of the road and never getting behind the wheel when under the influence of alcohol, drugs, or prescription medications. When this duty is abrogated and an auto accident results, personal injury victims may rightfully seek compensation for injuries and vehicle damage sustained. The legal basis for doing is the tort doctrine of negligence. Negligence is a breach of a duty owed that causes damages. In the auto accident context, the breach is unsafe driving, the duty is that of safe driving, causation is the collision (the accident), and the damages vary depending upon the nature of the accident.  An experienced Fremont personal injury attorney will work to prove the occurrence of each of these elements in one of the state’s civil courts.

Compensation Available to Victims of Negligence

If you have been the victim of the negligence of another driver, retailer, or product maker, an experienced Fremont personal injury attorney will work to obtain financial compensation for your medical bills, lost income due to missed work, pain and suffering, costs stemming from any short or long-term disabilities sustained, and, applicable, damage to your vehicle. 

 

Sources:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=3.6.&title=1.&part=3.&chapter=2.&article=1.

 

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Willett Law Firm

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Fremont, CA 94538

Phone: 510-791-2244

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