Have You or a Loved One Been Injured?

PERSONAL INJURY MATTERS

Injuries happen every day in every corner of the Sacramento area. Of course, some are unavoidable, and others are basically the fault of the person injured. However, there are many that occur because of either the negligent or reckless actions of another or the failure to act when it would have been legally reasonable to do so, and when that happens, the injured victim often does not know where to turn for help.

If this has happened to you or someone you love, you need to take action in order to find the help you need and to pursue the legal recovery you deserve. Contact the Law Office of Mellanie Marshall immediately to schedule a free phone consultation, and you'll be on your way to accomplishing the first step towards your recovery - obtaining the answers you need to make an informed decision regarding how to proceed.

What You Need to Know if You or a Loved One has been Injured in the State of California:

California laws regard personal injury matters as torts. Personal injury torts, as in other areas (such as medical malpractice), presume that a "wrong" has been done for which the "complainant" can sue for damages.  Torts are different from crimes. A crime is an offense against the state and is tried in criminal court with the possibility of the accused being incarcerated and fined. Some personal injury torts will meet both criteria.  For example, assault and battery is a crime, but the victim can also pursue a civil claim against the offender.

The standard for burden of proof is different in a tort case. The law stipulates a "preponderance of evidence" rather than the "beyond a reasonable doubt" for criminal matters.

Further, California also provides for "vicarious liability" involving a third party who wasn't directly involved with the defendant's actions. A common example of vicarious liability might be the bar owner or bartender who served someone who was obviously intoxicated, then that person was involved in a car accident after leaving the bar.

Process of a Personal Injury Lawsuit:

• A complaint is filed in the appropriate court
• The complaint is served upon the other party(ies)
• An answer to the complaint is received
• Hearing(s) are scheduled
• Discovery takes place
• Motions regarding Discovery occur
• Trial