No matter the nature of your case, our fee policy is always the same. You do not pay any legal fees upfront and we only receive a fee when we win your case.
There are no surprises.
California is a Fault State.
This means that the individual who is responsible for the accident must pay the damages. The individual who was injured by the accident is the one that is entitled to receive compensation.
The person that fails to take reasonable care to prevent harm to oneself or others is typically at “fault”.”Fault” is determined based on the circumstances of each case. To prove “fault,” it is imperative that you carefully collect all evidence relating to the accident and the manner in which it occurred. Police reports, witness statements, photographs, videos, and other evidence play a crucial role.
California is a Comparative Negligence State.
Some states prevent plaintiffs from recovering any damages if they are 50% or more at fault.
This is not the case in California, however. In California, a plaintiff can recover damages for their injuries even if they are partially at fault; each party is responsible for their degree of negligence or contribution to the accident.
This means that if you are 99% responsible for an accident, the other party is still obligated to pay you the 1% of the damages for which it is responsible. Therefore, you will need to prove exactly what your contribution was to the accident to avoid being held unfairly liable.
The attorneys at Golden Gate Legal will make sure you get the compensation you deserve and that you are protected against another party’s attempt to misrepresent the facts regarding liability.
California Allows Punitive Damages.
Unlike compensatory damages such as past and future medical expenses, lost wages, pain and suffering, and emotional distress, punitive damages are exemplary damages which are designed to punish a tortfeasor for their actions. In some cases, punitive damages can be awarded in addition to compensatory damages.
Under California law, an injury victim can be awarded punitive damages if the negligent party has acted with “malice,” “oppression,” or “fraud”.
Because there is no cap (upper limit) to the amount of punitive damages that can be awarded in personal injury cases in California, punitive damages awards can far exceed compensatory damages awards.
If you have any questions about the types of damages you can recover in your case, the attorneys at Golden Gate Legal are available to assist and advise.