Car accident and negligence

Asked over 1 year ago - Los Angeles, CA

I am filing a claim in small claims for a personal injury matter for simple negligence on the other party, I was wondering what rule of law would I cite when presenting my facts against the rule of law.

Attorney answers (10)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . If you were injured, you would want to retain a personal injury lawyer instead of playing lawyer.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Marc Lazarus

    Contributor Level 14

    13

    Lawyers agree

    Answered . Negligence is defined in California Civil Code Section 1714(a).

    Marc Lazarus
    www.russellandlazarus.com

  3. Alan James Brinkmeier

    Contributor Level 20

    14

    Lawyers agree

    Answered . If you truly have injury why would you liimit your recover to small claim. YOu will likely miss damage elements in your presentation

    Hire a lawyer. Your will do a lot better.

    I hope this helps.

  4. Robert Edward Heyman

    Contributor Level 14

    14

    Lawyers agree

    Answered . I agree with Mr. Brinkmeier. I can read a book about how to take out my appendix. I would not even think of trying to do it myself. The practice of law is the same. Consult with an attorney. it will not cost you a dime and will insure you receive the proper measure of damages..

    Good Luck,

    Robert E. Heyman, Esq.

  5. Richard Andrew Harting

    Pro

    Contributor Level 18

    12

    Lawyers agree

    Answered . The elements of negligence are-
    1) a duty to you by the defendant
    2) breach of that duty by the defendant
    3) That breach caused you damages
    4) prove of the damages you suffered.

    If this is a smaller matter - small claims is perfect.

  6. Jesse Burl Chrisp

    Contributor Level 5

    10

    Lawyers agree

    Answered . Assuming your case does involve negligence, it's very likely the local judge won't ask you to cite to a statute. The judge will want to help you resolve your claim so when you arrive in court you should have any documents, paperwork, and bills ready and be able to clearly and coherently explain your case. The judge will listen and he will be looking for negligence. Someone posted the elements of negligence on this thread so you can review. If you have injury such as broken bones, scars, burns, or large cuts that require stitches you may want to consult a local attorney because your claim could be worth more than small claims courts allow.

  7. Timothy Leo Bowden

    Contributor Level 14

    11

    Lawyers agree

    Answered . an attorney in your state can maybe give you some simple pointers.

  8. Michael Shemtoub

    Contributor Level 17

    9

    Lawyers agree

    Answered . Why would you want to represent yourself when it seems so much is at fault? I would not attempt to present facts. Attorney's are trained and skilled at negotiations and trials. The other party may show up with an attorney and you will not have the skill to protect yourself against their knowledge. I would seek legal advise before court. Please make an appointment with me. I do offer free consultations.
    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com
    www. KingofPersonalInjuryLaw.com
    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more
  9. Michael Shemtoub

    Contributor Level 17

    8

    Lawyers agree

    Answered . Why would you want to represent yourself when it seems so much is at fault? I would not attempt to present facts. Attorney's are trained and skilled at negotiations and trials. The other party may show up with an attorney and you will not have the skill to protect yourself against their knowledge. I would seek legal advise before court. Please make an appointment with me. I do offer free consultations.
    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com
    www. KingofPersonalInjuryLaw.com
    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more
  10. Scott J. Corwin

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . The fact of the matter is that you most likely need an attorney to review your case and help you file your claim. If the opposing counsel has an attorney, they will most likely make your case much more difficult to handle. If you could post more information about your case, then I could give you better advice as to how you should proceed. I hope that I can be of greater service to you in your case.

    Scott J Corwin
    (310) 207-4030

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