Personal Injury Law

Accidents happen. We hear it all the time, and usually chalk it up to bad luck or being in the wrong place at the wrong time. But sometimes an accident and a resulting injury are somebody’s fault. And if someone else is at fault for your injuries, shouldn’t they have to pay if you have doctors’ bills, missed income, or even worse? accidents, the injuries they cause, and determining who, if anyone, is at fault. we can help the legal process surrounding injuries and the laws that cover them.

In this section you will find in-depth information on legal concepts and issues that apply to almost all accident and injury cases, including theories of legal liability in injury cases, time limits for bringing a case, rules of economic recovery, and more. From what you should do immediately after an injury to how to protect a claim settlement, 

Determining Liability

Whether it's a fender bender in an intersection or a slip and fall on an icy sidewalk, if someone is hurt in an accident, someone else is usually at fault. And depending on the sequence of events, it is easier to determine that fault for some accidents than for others. Over time, courts and legislatures have created tests for deciding legal liability, and how far and to whom it may extend.


In order to win a negligence case, the plaintiff (the person injured) must prove the following elements to show that the defendant (the person allegedly at fault) acted negligently:

  • Duty: the defendant owed to a duty of care;
  • Breach of Duty: the defendant failed to meet that duty of care;
  • Cause in Fact: but for the defendant’s failure, the plaintiff would not have been injured;
  • Proximate Cause: the defendant’s failure (and not something else) caused the plaintiff’s injury; and
  • Damages: the plaintiff has actually been injured and suffered some loss.

Personal Injury Lawyer 

An experienced attorney we can help with a variety of reasons. First of all, an experienced personal injury attorney will have experience assessing claims similar to yours. Our firm can help you decide if you should pursue legal action by assessing the strength of your case. It's in the attorney's best interest to give you a true and honest assessment of the strength of your claim because usually personal injury attorneys work on a contingency basis. So, if you don't win, they don’t get paid.

Dealing with injuries can be very emotional, which could prevent you from seeing the facts clearly. Our firm can provide an objective opinion about your situation. For example, you may want to make a rash decision if you're offered a settlement, but as an attorney will be able to stay objective and give you advice on if you should hold out for a better offer.

Our firm will be able to work though the often-complicated legal procedures, confusing medical terms, and paperwork that are common to many personal injury cases. In addition, our attorney will often have a team of investigators and support staff to help him or her with preparing your case. With the attorney and his or her staff working on your case, you can focus on getting better and returning back to your normal life.

Our Firm will also have experience working with other lawyers and insurance companies. Many times, if the opposing side has an attorney, you're at a disadvantage if you don't have one as well. Although an attorney is required to be ethical, that doesn't mean that they can't use legal tactics to put them at an advantage over a non-lawyer. Similarly, insurance companies can be difficult to work with and an attorney wouldn't be confused by their tactics or feel pressured to settle for an unsatisfactory amount.

Recovery for Damages

If a negligence claim is successful, the plaintiff will usually be entitled to some amount of damages to compensate for his or her injuries. The exact amount of damages for the most part depends on the losses suffered by the plaintiff, and can include medical expenses, lost wages, and replacement or repair of property. As with the success of a negligence claim, damages amounts can vary, subject to the facts of the case and the applicable law in the jurisdiction in which the claim is brought.

Personal Injury Lawsuits 

As you can see, navigating the legal procedures in an accident and injury case can be very difficult. our experienced attorney can help with Legal information and guidance regarding the legal requirements and ramifications involved.

Law Office of James M. Barrett PLC
100 W. El Camino Real, Suite 81
Mountain View, CA 94040

Tel: (650) 969-3687