If you are injured in an accident in Sacramento, CA, and if you are not at fault for the accident, then you have a claim. Simple right? Not quite. Injuries must be caused by the accident, either 100% caused by the accident or if you have/had a prior injury it must have been made worse by the accident. This is called aggravation and/or exacerbation of a prior injury. Also relevant to this discussion is the unusually susceptible plaintiff or egg-shell plaintiff jury instruction. Another topic relevant here is the issue of comparative fault. If the defendant crashed into you or caused you to get injured, sometimes the defense has ways to argue that you the claimant/plaintiff was “comparatively at fault” i.e. for not being careful or for you yourself violating the law, which was a proximate cause for bringing about the claimed harm or injury. These are fact-specific issues that we are happy to discuss with our clients during the consultation phase. This is another reason why you need an experienced personal injury lawyer. We are forced to play the personal injury game with the cards that we are dealt. Knowing all the facts from the accident, even the facts that may be harmful to your case is very important so we can do damage control and put forth the strongest arguments. Minor, major, or wrongful death accidents - we can help you get the compensation you deserve. If you have questions about any of the information above, please come into our office in Sacramento, CA 91210 or call us at (877) 809-4223
November 21, 2022
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