If your family is harmed in a serious accident, there are many hurdles you must clear to achieve a full and fair recovery through litigation. You must be able to prove exactly how extensively you and your family have been harmed. However, before you do that, you first have to choose correctly when it comes to naming a defendant in your case. Sometimes, the question of who was at fault may be murky. When that happens you and your legal team need to be sure you correctly assessed the situation and correctly identified the party (or parties) legally culpable. Naming the wrong defendants can delay or reduce your recovery, or possibly can lead to total defeat in your case. For making essential choices like this, be sure to rely on representation from an experienced San Mateo premises liability attorney.
A terrible accident in Southern California was an example of naming the right defendant and eventually obtaining a beneficial result for the family harmed in the accident. A.P., a 2-year-old girl playing at the Linda Vista Children’s Center, suffered massive injuries when a 20-foot eucalyptus tree branch fell and struck her. Her injuries injured a fractured neck, a cracked skull, a brain injury and a fractured leg, according to ABC 7.
When a child is seriously hurt in an accident, while she may be the only one physically injured by the incident, she may not be the only one harmed by it. That was the case for this California family. The girl’s mother told ABC 7 that both she and the girl’s father had to quit their jobs as the little girl required around-the-clock care.
Bodycam footage was a significant aid to the family’s case
In A.P.’s case, the city, the girl’s preschool and the school district all knew about the problem of falling eucalyptus tree branches in the area and the dangers that those branches could pose. The family ultimately was able to identify the city as the entity responsible. Part of that process included obtaining a first responder’s body cam footage. That footage included a woman telling the responder that they “always ask the city to cut these trees, but they never come,” according to ABC 7.
Once you have the evidence you need to identify who was liable, and the proof necessary to demonstrate the extent of your harm, then you are properly armed to achieve a complete legal success, whether through settlement or a judgment. In this case, the family’s strong evidence allowed them and their legal team to work out an amicable settlement with the city in which the family received $7.3 million.
Whether you resolve your injury case through a judgment or an amicable settlement, you first need strong evidence on your side in order to receive an amount that fairly and fully compensates you and your family. For skillful representation to help you get that done, count on the experienced San Mateo premises liability attorneys at the Law Offices of Galine, Frye, Fitting & Frangos. Our knowledgeable and determined attorneys have spent many years helping families achieve positive results through legal action. To set up a free consultation with one of our attorneys, contact us at 650-345-8484 or through our website.