San Francisco Personal Injury
Personal Injury Attorneys Representing Residents of San Francisco
When a corporation, individual, or institution fails to use reasonable care to provide for the safety of others, and this failure causes injuries, it may be appropriate to sue for compensation. Often, a personal injury lawsuit is a useful way to account for a victim’s pain and suffering, medical bills, lost wages, and other costs that may accompany a catastrophic accident. At Moll Law Group, our personal injury lawyers can assist San Francisco residents with bringing claims for compensation.
In California, plaintiffs trying to recover compensation for injuries caused by defective products may sue under theories of strict product liability, breach of warranty, or negligence. Usually, strict liability laws are the most favorable to a plaintiff. In a strict liability claim, you will need to establish that there was an actionable defect, that the defect caused your injuries, and that you incurred damages. For example, if you suffered injuries to internal organs due to the placement of transvaginal mesh, you may have grounds for a failure to warn and design defect case. You need not be the direct purchaser of the product in question but may be any foreseeable user.
If you have been injured as a result of medical malpractice, the Medical Injury Compensation Reform Act of 1975 governs your case. The law caps noneconomic damages at $250,000. This includes compensation for pain and suffering, loss of consortium, and any other intangible losses. On the other hand, economic damages like medical bills are not capped.
Nursing Home Abuse
It may be hard to detect elder abuse, especially if your loved one is in a nursing home. Many nursing home abuse cases go unreported due to the embarrassment of the resident. Welfare & Institutions Code section 15657, also known as the Elder Abuse and Dependent Adult Civil Protection Act, provides for enhanced remedies for people who can successfully show that they were neglected or abused in these facilities. A plaintiff must show that there is clear and convincing evidence of neglect or abuse and that a defendant acted recklessly, fraudulently, or maliciously.
Property owners and occupiers are supposed to use reasonable care to make sure that any dangerous conditions on their property that could injure others are fixed. Failing that, warnings are supposed to be issued. For example, if a piece of playground equipment is broken, the owner of the playground may be held liable for failing to either fix it or provide a warning. The property owner must take steps to make sure that visitors will not be harmed.
Car crashes typically arise from negligent driving. All drivers owe a duty of reasonable care to others on the road, and if a driver's failure to abide by this duty is the legal cause of a car accident, an injured person may recover compensation from the at-fault driver. For example, if a driver fails to yield at an uncontrolled intersection and collides with another driver, the driver who failed to yield may be held responsible for the other driver's injuries.
The specific elements of a toxic tort lawsuit vary depending on the facts and the legal claims involved. Generally, the plaintiff will need to show that a substance posed health risks, the plaintiff was exposed to the substance, and the exposure resulted in injuries or an illness. In most cases, causation is the most complicated element to prove.
Explore Your Options with a Personal Injury Lawyer in the San Francisco Area
If you have been harmed due to negligent or wrongful actions in San Francisco, the personal injury attorneys at Moll Law Group are ready to help you navigate the legal process. Our lawyers are experienced advocates and can take your case to trial if necessary. Billions of dollars have been recovered in lawsuits in which we have been involved. Call us at 312-462-1700 or complete our online form to set up a free consultation with a product liability attorney or seek assistance with another personal injury claim.