Our Shandon personal injury attorneys understand how tragic and frightening a sudden accident can be. If your financial future is at stake, you deserve to be represented by a law firm that will devote the time and resources needed to fight for the best possible outcome. No matter the size of your claim, our attorneys will do everything in their power to help you pursue the highest settlement possible. Our comprehensive and tireless approach to representation has resulted in more than $300 million in settlements and verdicts. During your free consultation, a member of our team will answer your questions, explain the potential strengths and weaknesses of your case, and help you determine the best way to proceed. Call 1-800-GO-HARRIS to set up a no-obligation case review.
What Kinds of Accident Cases Does Harris Personal Injury Lawyers Handle in Shandon?
- Large Truck Accidents
- Motorcycle Collisions
- Public, Tour, and Other Bus Accidents
- Bike Accidents
- Premises Liability
- Slip and Fall Injuries
- Car Accidents
- Rideshare Accidents
- Train Wrecks
- Boating Accidents
- Dog and Other Animal Attacks
- Scooter Injuries
- Airplane and Other Aircraft Accidents
- Pedestrian Injuries
- Brain Injuries
- Spinal Cord Injuries (SCIs)
- Burn Trauma
- Turo Accidents
- Wrongful Death
- Other Personal Injuries
When Might Punitive Damages Be Available?
Personal injury victims in California can pursue compensatory damages and, in some cases, punitive damages. Compensatory damages comprise the economic and non-economic damages resulting from the tort. Examples of economic damages include medical bills, lost income, and property damage, while non-economic damages may include emotional distress, pain and suffering, and lost enjoyment in life. Although every successful personal injury case will result in a compensatory damages award, not all cases warrant punitive damages. A punitive award is only available in cases involving malice, oppression, or fraud:
- Malice: A defendant’s conduct is considered malicious if it was performed with the intent to cause injury, or if it is considered “despicable”—i.e. vile, contemptible, or base—and performed with willful or conscious disregard for the rights and safety of others. If there was a high probability that the conduct would result in an injury yet the defendant knowingly and deliberately chose to engage in the conduct regardless of the risk, such behavior might constitute malice.
- Oppression: If the defendant engaged in despicable conduct with a conscious disregard for the victim’s rights or safety and, as a result, the victim was subjected to unjust, cruel hardship, such conduct may constitute oppression.
- Fraud: If the defendant intentionally concealed, deceived, or misrepresented a material fact related to the tort, and the deceit, concealment, or misrepresentation was done with the intent to deprive someone of their legal rights or property rights, or otherwise to cause injury, such behavior might constitute fraud.
Our Shandon personal injury lawyers have a track record of success pursuing punitive damages. We can help you determine if such damages may be warranted and take the necessary steps to maximize the potential value of your claim.
What Does “Pure Comparative Negligence” Mean?
Each state has its own comparative negligence laws, which come into play when the negligence of more than one party contributes to an accident. Some states use a modified comparative negligence rule and bar the plaintiff from recovering a financial award if they were 50 or 51 percent at fault; however, California courts follow a pure comparative negligence system when awarding damages in a personal injury case. That means you can seek compensation for your losses even if you were more than 51 percent at fault, but your financial award will be reduced by your own percentage of fault. If multiple parties were liable for your damages, each will be responsible for paying for the percentage of your damages that corresponds to their own percentage of fault. Under California’s joint and several liability law, one defendant can be held liable for all of a plaintiff’s economic damages even if that defendant was only partially liable. That means if two defendants caused your damages but one defendant doesn’t have the insurance coverage to pay for your economic damages, you can pursue the difference from the other defendant. Therefore, it’s important that you hire a seasoned personal injury lawyer who can perform a thorough investigation and identify all potentially liable parties. At Harris Personal Injury Lawyers, we take pride in our dedication to conducting meticulous investigations into every case we handle. We will prepare for settlement negotiations as if we’re going to trial so we’re ready for all eventualities. This approach also shows the insurance company what they’re going up against if they refuse to pay a fair settlement.
Speak with Our Shandon Personal Injury Law Firm Today: Call 1-800-GO-HARRIS
Our law firm is here to answer your call 24 hours a day, 7 days a week. You won’t have to pay anything for the initial consultation, and we handle claims on a contingency fee basis. Dial 1-800-GO-HARRIS or fill out our contact form to set up a no-obligation case review.