Legal Question in Personal Injury in California

You always have the right to bring suit against another in a court of law for damages. However, the real questions is whether it makes sense to do so.

Whether or not it makes sense depends on an analysis of the following:

(A) How strong are your claims of liability?

(B) What is the estimated value of your claim?

Let's talk about (B) first...

(B) The value of your case is based on a number of different things, including type/severity of injury, lost wages, loss of work capacity, pain and suffering, etc. The greater the value of your case the more financial sense it would be to file suit and pursue compensation.

However, the analysis of (B) needs to also take into account (A)...

(A) The weaker your claims of liability, the less it makes sense to file suit. Or, if you are also at fault for the incident, then the valuation of damages should be proportionally diminished to account for your % of fault.

Hopefully the above theoretical analysis makes sense.

Now, as it applies to your situation, there is a possibility that you would have a claim against both (1) your neighbor as well as (2) the contractor that put up the fence.

You'll want to discuss the facts of your case in more detail with an attorney to conduct a further evaluation of your case. One of the claims that you would want to evaluate would be "Premises Liability."

Take a look at the 1000 series for California's Civil Jury Instructions. Here's a link: http://www.justia.com/trials-litigation/docs/caci/1000/

These jury instructions will give you a good idea of what you need to prove as the plaintiff as it relates to (A) that we discussed above.

As it relates to (B), take a look at the 3900 series for California's Civil Jury Instructions. Here's a link: http://www.justia.com/trials-litigation/docs/caci/3900/

Best of luck to you!