Summary of Legal Principles for Personal Injury Cases:
           
California recognizes a right to recover damages for personal injuries caused by the fault of another person or entity.  Generally, damages are recoverable for physical injuries and associated pain, discomfort, disfigurement, disability, loss of enjoyment of life, as well as all out-of-pocket expenses including lost earnings and lost earning capacity.

To recover damages in a personal injury claim, the injured person, legally referred to as the “plaintiff,” must establish some form of legally recognized fault by the party against whom the claim is made. The party against whom a personal injury claim is made is legally referred to as the “defendant” and that party may be a person, or an entity, such as a business partnership, a private or public corporation, or a governmental entity.

Fault may be based on intentional wrongdoing, negligent conduct, or strict liability principles.  Intentional wrongdoing is conduct which is accompanied by an intention to injure, or knowledge that injury is highly probable, or with reckless disregard for the probability of injury.
Negligence, on the other hand, is conduct which a reasonable person would not do under the same circumstances, or failing to do what a reasonable person would do under the same circumstances.

Strict liability is based on the status of the defendant as a manufacturer, distributor, retailer of a defectively designed or manufactured product which causes injury when used in a reasonably foreseeable way. Strict liability for defective products may be imposed based on a failure to adequately warn users of the dangers of using the product.

To recover damages for personal injury, the fault of the defendant must be a “substantial factor” in causing the plaintiff’s injury.  A “substantial factor” is one which the law defines as a factor that a reasonable person would consider to be a contributing cause of injury and which is more than a remote or trivial factor.

We are personal injury lawyers concentrating on personal injury cases of all types, including those resulting in wrongful death, spinal injuries, brain injuries, burn injuries, toxic exposure, loss of limb, loss of sight, disfigurement, and all other forms of serious injury.  We do limit our representation to cases involving serious and provable injuries.

If you or someone you love has been seriously injured, the expertise of Garrard & Davis can help you or your loved one obtain deserved compensation.

If you have questions or would like to speak to our personal injury lawyers in Santa Monica and Los Angeles about your case, please call our office at 310-394-9887 or you may e-mail us or complete the form on the Contact Us page for a confidential evaluation of your case without charge. One of the personal injury lawyers from Garrard & Davis will get back to you promptly.      

Please explore our website to learn more or contact us for a free consultation at (310) 394-9887