Wrongful Death Attorney in Sacramento | Wrongful Death Lawyer in Sacramento

Proving Negligence

How much care a reasonable person would use in a given situation usually is decided by a jury, based on all of the facts presented during the trial. Frequently, the process involves an inexact analysis: One could argue that a reasonable person would have done this, or a reasonable person would not have done that. And in fact, the standard of care often is supplied by custom and common sense. Many times, however, it is imposed by a statue. All states, for example, have laws for driving a car; You must stop for a red light; you can't exceed the posted speed limit; and so on. These laws set the minimum standard of care that you must follow. If you break any of these laws and cause an accident, you are usually liable for the injuries and damage. You are presumed negligent because you violated the law.

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Sometimes an accident is so unusual that the mere fact that it happened is enough to infer that someone was negligent and must pay you for you injuries. This is the doctrine of res ipsa loquitur, which literally means, "the thing speaks for itself." It applies only when the defendant had the exclusive control of the thing that hurt you, you did not contribute to the accident and the accident normally wouldn't happen unless somebody was negligent.

There are many other factors that got into proving negligence. Speaking with an experienced attorney can shine some light on complicated legal issues. Contact the Weinberger Law Firm today for your free consultation.

The Weinberger Law Firm has been handling wrongful death cases since 1991. If you have lost a loved one contact a wrongful death attorney in Sacramento for your free consultation. Our attorneys may be able to get you compensation for your suffering.