At BD&J’s full-service personal law firm, claims arising from motorcycle, vehicular, commercial, truck or car accidents can be pursued and negotiated by us both in the courtroom and directly against the liable third party’s insurance company. Product defect claims where a defect renders the product not reasonably safe are also cases we handle. There are three prominent types of defect cases depending on the origin of the flaw, which are: the product is dangerous due to design, manufacturing, or a labeling error.
Pedestrian accidents and ride-sharing accidents such as Lyft or Uber can also lead to substantial and significant demands in a legal case. For example, a pedestrian crossing the street at the crosswalk diligently when the crosswalk light encourages crossing, met by a negligent driver turning the corner and not properly stopping before making a turn through the crosswalk, could be a potential slam-dunk winning case depending on other factors. Showing the driver’s negligence or recklessness in ramming through the crosswalk, the plaintiff can easily prove that his or her injuries were directly due to and the result of the defendant’s failure to drive safely. Since drivers owe a duty of care to pedestrians, even legally, J-walkers, any failure to stop and potentially harm a pedestrian would be sufficient to help the plaintiff prove breach of duty in a negligence cause of action. Drunk driving would arise or be tantamount to an intentional or reckless disregard for the safety of others which would be a potential claim for recklessness. Such a claim could lead the plaintiff to demand and recover punitive damages, which aims to punish the bad behavior and acts as a deterrent.
Typically, in a personal injury claim, the standard monetary damages recoverable to compensate an injured plaintiff are specifically called compensatory damages. These damages are money for loss of work, loss of income, compensation for medical treatments and bills, pain and suffering and emotional distress. The more severe the injury the more substantial, the compensation and damages will be. Wrongful death lawsuits can also arise from a simple personal injury accident. How? Under California law, if an injured person is originally hospitalized or survives the accident, but shortly after his or her injuries pass away, the plaintiff’s surviving spouse, domestic partner and children could present such a claim for wrongful death. To discuss your San Luis Obispo accident with our exceptional legal team and to learn whether your claim qualifies for a valid and successful claim, please contact our law offices of BD&J.
