Understanding Comparative Negligence
Some states are comparative negligence states, and others follow contributory negligence rules. The difference between these two models will be important if you ever file a personal injury lawsuit in Riverside. Since California is a comparative negligence state, you can still recover compensation for your losses even if you were partially at fault for your slip and fall injury. Hear how this works by watching this brief video.
It uses the hypothetical example of Perry and David. Perry is walking on the street while immersed in a handheld videogame. David is listening to music while skateboarding. David crashes into Perry, and Perry sues David for his injuries. The jury determines that Perry is 40% responsible for the accident, which means David is 60% responsible. The rules of comparative negligence state that Perry’s monetary award will be reduced by 40%.
Can I Sue Someone Who Is in Jail?
Personal injury lawsuits are sometimes subjected to unexpected snags, such as the incarceration of the defendant. You do have the legal right to sue someone who is in jail or prison, but the logistics will be more challenging. Talk to a personal injury lawyer serving Riverside about the particulars of your case to determine whether it’s worth your time to file a lawsuit. This will depend on factors such as the strength of the evidence against the defendant, the extent of your damages, and the amount of assets the defendant is likely to have. Since the defendant is behind bars, it’s likely that the most significant factor to consider is whether the defendant can pay the damages.
If you do have a personal injury lawyer file a claim against an inmate, expect some complications to arise. Inmates are subject to being transferred to different facilities. The same inmate may be transferred several times during his or her sentence. This may delay the resolution of your case. On the other hand, if the inmate was convicted of a crime pertaining to your injuries, then it stands to reason that the lawsuit is based on substantial evidence supporting your claims.
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Can You Sue for Intentional Injuries?
Battery is the act of injuring someone without legal justification. If you’ve been physically attacked by someone, you can consult a personal injury lawyer in the Riverside area to determine if you have a legitimate personal injury claim. The law does allow victims to sue for intentionally inflicted injuries, but there are exceptions. Your personal injury attorney will need to review the police report and your medical records.
The professional featured in this video explains that you can legally defend yourself in a fight and retain the right to sue for damages. However, your claim isn’t likely to be successful if your actions cross the line from acting in self-defense to acting as an aggressor. Your personal injury lawyer will assess whether your use of force corresponded to the use of force by your attacker.
A Quick Look at Suing a Business
A business might be held liable for slip and fall injuries that occurred on its property, provided the owner was negligent in preventing the incident. Before a personal injury lawyer in Riverside can file a slip and fall lawsuit on your behalf, he or she needs to determine who the defendant is. Businesses that are sole proprietorships are owned and operated by one person, and it’s this person—not the business itself—that can be sued.
Your slip and fall attorney might determine that the business is run as a partnership. Each partner is legally responsible for the business, and so each person would be named as a defendant. Corporations are different. They are separate, legal entities. Your legal counsel would file the lawsuit against the legal name of that corporation. A limited partnership is treated the same as a corporation for the purpose of naming a defendant. Of course, even if you’re suing a corporation or limited partnership, there could be multiple defendants, depending on the circumstances of the case.
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