If you have been injured in San Bernardino, you may have been the victim of a personal injury accident without even realizing it. When most people think of a personal injury accident case they immediately envision a car accident. Car accidents certainly are the basis for many personal injury accident cases, but they are hardly the only type of accident or injury that can form the basis of a San Bernardino personal injury accident case. In an effort to educate potential victims of a personal injury accident claim, the San Bernardino personal injury accident firm of Ledger & Associates would like to offer the following information to help you decide whether you have been the victim of a compensable injury accident. Remember that every situation is unique and the best way to know with certainty that you have a valid case is to consult with an attorney.Most personal injury accidents lawsuits are based on the tort of negligence. In order to prove that a defendant was negligent, and therefore responsible for your injuries, you must prove four basic elements: duty of care, breach of duty, causation and damages. Each of these elements must be established in order to receive compensation for your injuries.The duty of care basically means that the defendant owed you a duty to protect you from reasonably foreseeable harm. Common examples of situations where a defendant owes a duty of care include a motorist operating a vehicle on a public roadway and a shop owner that invites the public into her establishment. There are an infinite number of other situations where a defendant owed a duty of care to a victim.
The breach of duty of care element looks at whether the defendant did not use the care required under the duty element. For instance, if the owner of a shop allowed spilled liquid to remain in the aisle creating a hazard to customers, he may have breached his duty of care.
Causation is generally obvious, but not always. Imagine that a victim fell in the shop where the liquid was spilled in the aisle. If the victim fell because she slipped on the liquid then causation has likely been established. If, however, she actually tripped on her own shoelace then the shop owner may not have actually caused the accident despite his breach of duty.
Damages refers to the injuries suffered by the victim. A victim must establish that she was injured as a result of the accident. A San Bernardino victim can potentially recover economic and non-economic damages. Economic damages are things like medical bills and lost wages while non-economic damages covers things such as pain and suffering.
As you can see, a San Bernardino personal injury accident case can include a multitude of situations other than a car accident. The best way for you to determine if you have been the victim of a compensable personal injury accident is to schedule a free and detailed consultation with the team at Ledger & Associates. The San Bernardino office is located at 8333 Foothill Blvd. Rancho Cucamonga, CA 91730. To schedule your appointment, call (909) 693-5201 or 1-800-300-0001.