No Fault & Fault States
A no fault state means that all parties involved in an accident will have coverage from their insurance with regards to injuries or damages – regardless of who was at fault for the accident. However, California is considered a fault state, which means the state puts the blame and financial responsibility on individuals. The person responsible for the accident is also responsible for the resulting losses, including medical bills and property damage, for all parties involved.
The most common types of personal injuries in California are motorcycle and truck accidents, workplace accidents, and/ or medical malpractice. Another common injury would fall under premises liability – where an accident takes place in a place that you are responsible for maintaining. Places like supermarkets, shopping malls, gas stations, and even your neighbor’s home, can be grounds for a premises liability to happen if an accident is sustained there. People have a responsibility to ensure that the places they are responsible for are safe in all circumstances and conditions.
Product liability is when defective and dangerous products cause any kind of serious injury. Many times, the product comes with improper handling instructions, badly written manuals, or unclear warnings which can all lead to various types of injuries sustained by using the product.
How Do You Prove That You Were Not At Fault?
This is why it is imperative to have a lawyer on your side to make sure you do not get stuck with the bill, and to make sure that whoever is responsible for your accident and/or injury holds up their end of their responsibility by paying what is needed.
The first thing you should do is gather evidence. There is no such thing as “too many” pictures or videos. The more visual and obvious the evidence is, the better it will be to fight your case and ensure that you get the compensation you deserve. Make sure you take extreme close-ups of the injury or damage so that a jury or judge can clearly determine what had happened.
Time is of the essence. The quicker you identify the injury, the better. Many times, people tend to brush off incidents as one-offs or “honest mistakes”, but remember that if you sustain any type of injury, there is a good chance that someone else was being negligent, which was what caused the injury to happen in the first place. Always stop to think – could this have been avoided? The answer is almost always YES – especially in cases like Premises Injury or Medical Malpractice.