Personal Injury OVERVIEW
Personal injury law is also known as tort law which is commonly defined as follows:
"a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm."
Personal injury law (or tort law) falls under three categories:
Intentional torts - purposely inflicting injury.
Negligent torts - causing an accident that results in injury.
Strict liability torts - manufacturing, marketing or selling defective products that result in injury.
The most common ground for personal injury claims and lawsuits is negligence. We all owe others around us a duty to be careful. Negligence is the breach of that duty of care. You may seek a claim for personal injury claim if you suffered injuries caused by someone’s negligence. For example, we must all be aware of traffic signals and traffic conditions in order not to run a red light and cause a crash. If a driver’s inattention causes a collision resulting in injury, then the injured party can pursue a claim for bodily injury for negligence against the offending driver. It is commonly said that there is no such thing as "just an accident". An accident happens because someone failed to take reasonable precautions to prevent the accident from happening.
Negligence is the main cause of motor vehicle accidents, bicycle and motorcycle accidents, pedestrian accidents, swimming and diving accidents, and premises liability (slip and fall) accidents. When an accident occurs due to someone’s negligence, the injured party may file a claim against the negligent party to recover all their damages. Injuries can range from soft tissue injuries (whiplash), spinal injuries and fractures, to catastrophic injuries including death, paralysis and severe burn. Damages generally include current and future medical expenses, property damage, pain and suffering, current and future loss of income, loss of enjoyment and in certain cases, punitive damages.
In order to prove negligence, you must support your claim with the following 4 facts:
Duty of Care - The other party had a duty of care towards you (for example to drive within speed limits).
Breach of Duty - The other party breaches this duty (for example, driving too fast)
Causation - Their negligence caused the accident.
Damages - You suffered damages as a result of the accident.
It is also imperative that you file your claim within the time allotted by the State of California. The California statute of limitations for negligent tort cases is 2 years. However, because the burden of proof is on the plaintiff, we strongly recommend that you contact our office immediately following the incident in order to build your evidentiary case when recollections are fresh and the physical evidence (skid marks, evidence of impact) is still physically ascertainable.