1. Proving Fault – Negligence Attorney Los Angeles
What is negligence Law?
The term “negligence” refers to failure in taking proper measures that result in harm or loss to
another person. There are two forms of negligence that fall under the negligence law – one
where the person does something that a reasonable person won’t do and the second where the
responsible person fails to take action that a reasonable person would take to prevent harm
and injury. Both forms of negligence result in negligence lawsuit filed against the responsible
party for claims and loss.
The negligence cases are usually bought against certain professionals especially doctors,
therapists, and lawyers. They are also bought against the responsible persons whose action has
been proven to be negligence such as those involved in auto accidents. Negligence lawsuits are
also filed for various simple issues such as forgetting to lock one’s gate which resulted in the
dog going out and attacking someone. The Negligence law can be tricky to define. That is why if
you or someone you know has been a victim of negligence should consult a qualified California
Negligence Attorney. We at Peck Law are a team of expert attorneys in negligence law, serving
the areas of Los Angeles, Sacramento, Alameda, San Bernardino, and the Antelope Valley
The elements of a Negligence Lawsuit
Each negligent lawsuit has 4 primary elements and each of these must suggest that the
defendant party was responsible for your loss and damage. The 4 elements include:
 Duty of care owned by the negligent party
 A breach of that duty
 Their conduct was the cause of harm
 The damages and the injuries that resulted from the negligence
Our experienced and qualified negligence attorneys Los Angeles are available for assistance and
can help you decide if the four elements are present in your case before making a legal claim.
How to prove negligence elements?
For successful negligence lawsuit, the plaintiff must prove to the court that each of the above
mentioned elements was present in your injury or loss. Although, the state laws and the nature
of your injury will vary on how the elements are viewed, but the interpretation of the elements
follow same general guidelines:

2. Duty of care: We all of have a duty of care towards the other person. For example, a driver
owes a duty to other motorists to drive safely and obey traffic laws. A doctor has an obligation
towards his patient to provide them with reasonable care. However, if we don’t take
reasonable care in fulfilling our obligations, then our actions are bound to cause injury.
However, some negligence cases are not as simple as running a red light and injuring a
pedestrian or another motorist. For example, if a homeowner has a swimming pool fenced in
his backyard and the neighbor’s child climbs over the fence and drowns in the pool. How much
care can a reasonable person take in such situation? Who can be at fault for the loss? Each case
of negligence has different circumstances that surround the situation and our negligence
attorney Los Angeles will help you figure out if your unique situation was a cause of negligence.
Breach of Duty: The complainant must prove to the court that the accused person failed to
carry out the duty of care that he or she owes to the public. The defendant breaches his or duty
of care by failing to exercise reasonable care in fulfilling the duty. For example, if a car driver is
aware that his or her car brakes are not properly functioning, and he fails to stop his car when
the need arises and in result hits a pedestrian, then the driver of the car has breached the duty
of care to that passerby. However, if the driver of the car has a properly maintained vehicle but
the brake failed because the parts used were faulty by the manufacturer or the mechanic made
a fault, then the owner cannot be proved at fault. Instead, the manufacturing company of the
vehicle or the mechanic will be held liable for the accident.
Cause: During a negligence lawsuit, the plaintiff must prove to the court that the defendant’s
action caused him or her injury or loss. Sometimes the cause for the negligence lawsuit is clear.
A driver ran over the red light and hit a pedestrian, injuring him or her – the driver is
responsible for the accident. However, not all cases are as simple. If the pedestrian who you
injured has an elderly parent who dies of an heart attack upon hearing of their child’s accident
– then who would be responsible for their death?
Damages: The final element from the negligence lawsuit requires the complainant to prove to
the court that the actual damages (physical injury to a person or a property) resulted from the
defendant’s act of negligence. The damages can be paid monetary, nominal as well as punitive.
The monetary damages can be an actual compensation for the injuries of the plaintiff while the
nominal damages are awarded to the complainant when the actual damages have been proved
but the actual loss has not occurred. Lastly, the punitive damages refer to the punishment given
to the responsible person for his or her act of negligence.
It is also possible for the negligence lawsuit to be started by a third-party on behalf of the victim
especially if the negligence lawsuit involved elderly persons. It is also possible to file for a
negligence lawsuit after the death of the victim by his or her family member.

3. Compensation received for the complainant’s injury can be in form of money to cover the
injured person’s medical bills, loss of income, or pain and suffering. If you or a loved one has
been involved in a preventable accident, it must be proven that the responsible person was
negligent and was a cause of your injury. Our qualified negligence attorneys Los Angeles have
outstanding track record fighting and winning negligence lawsuits.
There are many types of negligence which include:
 Gross negligence: In such cases, the negligent person was so careless that he or she did
not show concern for anyone. For example, a dentist did not use sterilized equipment
that resulted in serious infection to the patient.
 Comparative negligence: In the comparative negligence lawsuit, the plaintiff is also
partially responsible for his or her injuries. For example, an accident occurred because
the defendant driver ran over a red light but you were injured as you were not wearing
a seat belt. In these cases, the judge will decide how much fault should be allocated to
each party with the damages distributed accordingly.
 Contributory negligence: In the contributory negligence lawsuits, if the plaintiff caused
the injury himself then he or she will not receive any compensation.
 Mixed contributory and comparative negligence: In mixed negligence lawsuits, if the
plaintiff is proven to be more than 50 % at fault for his or her injury/loss then he or she
will receive partial compensation or none at all.
 Vicarious liability: In such lawsuits, the defendant is held responsible for the actions of
another person or animal. This type of negligence lawsuit usually applies to animals and
young children since they cannot be held responsible for the accident. In these cases,
the parent of a child or the owner of the pet is usually held responsible in these cases.
Need Help proving fault – Contact the Peck Law Group, your qualified negligence attorney in
Los Angeles and surrounding areas:
If you feel that your injuries are a result of someone else’s negligence, then a legal claim might
be worth pursuing especially if you have a lot of medical bills to pay or lost work wages.
Regardless of the type of negligence lawsuit you are planning to file – it is important to seek
immediate assistance and hire reputable negligence attorney los angels for your help.
We at peck law group understand how traumatic a preventable accident can be. Our qualified
and experienced negligence attorney Los Angeles are dedicated and committed to make sure
each and every negligent client is treated with respect and care. Contact us today at Van Nuys
Boulevard, Suite 150, and Los Angeles, CA 91401 for a free no-cost no-obligation case review.
With over 33 years of experience, we will fight for your justice when the unexpected happens.
Remember, delaying in taking the right action can harm your negligence lawsuit. This is why we

4. are promptly available to evaluate your case for free. Our negligence attorney Los Angeles have
been representing individuals involved in accidents successfully and we can help you too. Just
contact us today or visit our website at www.premierlegal.org for more information.