Long Beach Personal Injury Attorney Discusses Factors in Negligence Claims
Mar 27 2015

Long Beach Personal Injury Attorney Discusses Factors in Negligence Claims

Long Beach Personal Injury Attorney stethoscope and pen resting on a sheet of medical lab test results, with patient file and x-ray or mri filmA Long Beach personal injury attorney can explain that there are a number of factors that affect a case. These factors can affect the value of a claim and the potential for success.

Liability

A key question that Long Beach personal injury attorneys ask is how strong the plaintiff’s case is regarding the liability of the defendant. When the defendant’s negligence is very clear, the value of a case increases. However, if liability is not as clear and the insurance company can reasonably expect to win the case, the value of the claim is much lower. Insurance companies may make projections about the likelihood of success of a claim and may be more willing to risk a trial when the likelihood of the plaintiff’s success is under 50 percent.

Comparative Negligence

Comparative negligence is a legal term that means that a plaintiff’s negligence helped contribute to the injuries. If a plaintiff helped contribute to the accident, the plaintiff’s recovery may be reduced or eliminated. For example, if a plaintiff was speeding at the time of the accident, comparative negligence may have applied. In a slip-and-fall case, the business may claim that the plaintiff did something that helped lead to the accident. If a plaintiff’s comparative negligence was close to 50 percent, a Long Beach personal injury attorney can explain that the plaintiff is at risk of losing the case. Some jurors mistakenly assign blame to plaintiffs who did not actually contribute to the accident by the mere fact that they were present at the accident. This has occurred sometimes even when liability was clear and the plaintiff really showed no evidence of comparative negligence.

Legal Assistance from a Long Beach Personal Attorney

If you would like more information about other factors that can potentially affect negligence claims, contact a Long Beach personal injury attorney from Russell & Lazarus APC by calling (949) 851-0222.

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