The disabled often have impaired bodies and minds. This is especially true of people with autism. These types of people may unintentionally harm to another person. If you are ever involved in a personal injury accident with a disabled person, read this article for valuable information. Also, hire a good personal injury lawyer to help you win your case in court.
Reasonable person standard
Your personal injury lawyer will tell you that California’s law holds disabled people to the same accountability and standards that a person of the same disability but with a working mind would be. Additionally, California law expects all people to act with the same degree of care and to the same standards that a person with a working mind would in a similar situation. This means that you can still sue a disabled person and win in court if you can prove that the disabled person breached his or her duty of care or acted below the assumed standards.
Punitive damages
Personal injury lawyers in National City and Poway know that under the punitive damage law, disabled people are held accountable for their actions only if they are capable of understanding the consequences of their actions. This is because these laws’ only purpose is to punish the defendant and to deter him or her from acting in a similar manner in the future. However, you should know that you can still collect damages from the disabled person.
You can collect damages from a disabled person even, if you lose the lawsuit you are pressing against him or her in court because compensatory damages laws are designed to make you whole again. This type of restitution is done by compensating you for any pain and suffering, medical and other expenses and bills you may have incurred, and lost income or wages. The law wants you to make a full recovery so that you can return to being a happy and healthy person who makes a positive contribution to society.
Contributory negligence
California’s reasonable standard laws include contributory negligence. These contributory negligence laws do recognize that you can hurt yourself in any action or activity. For example, you can break or sprain your leg while skiing. While these types of bodily injuries are rare, they are not unheard of. The number of damages you can collect from the defendant will be reduced by your degree of guilt in the personal injury accident. Contributory negligence tends to apply to disabled people as well. However, this does not apply, if the disabled person has no cognitive facilities. This is the case for people suffering from schizophrenia.
You can win against the disabled and win a personal injury lawsuit against a disabled person provided you hire a good personal injury lawyer, and provided you are aware of the information discussed in this article.