Get all the information and advice you need to recover, compensated for damages and injuries, what to do following a car accident, and what to expect from this time forward. You can contact the California Car Accident Injury Law Firm at: Call Now – 1-909-325-6032. Speak with Alexander D. Napolin or Catherine R. Lombardo the Real California Injury Lawyers helping motor vehicle collision accident victims in Southern California.
Different Degrees Of Personal Injury Law In California
Causes Of Action –
First, negligence is a primary cause of action that arises often in Personal Injury claims cases. Negligence is a duty driven imposition on individuals in society, and it essentially demands that every citizen act responsibly. More specifically, negligence requires citizens to avoid putting others at risk or placing them into harm’s way unnecessarily.
The doctrine of negligence, however, comes with specific criteria that must be met in order for a defendant to be liable if he or she is sued. In order to establish a defendant’s liability, the plaintiff has the burden of proving that a “reasonable” person would have acted differently than the defendant did under the same set of circumstances.
Classic examples in the case law of torts will include the carelessness of a doctor or careless drivers. In any case wherenegligence is involved, you can be sure that the court will find that a defendant ignored the risk to others that his action or inaction posed, and that the plaintiff was harmed as a result of the defendant’s behavior.
Negligence is only one of many personal injury claims issues. Others can be lumped into the category of intentional torts. These harmful acts or ones in which a defendant intended to cause harm to the plaintiff. Torts law helpfully separates these for us into sections such as false imprisonment, intentional infliction of emotional distress, trespass, assault and battery.
Personal Injury Law
Beyond intentionally harmful acts, there are acts where a defendant will be held liable even if they did not intend to cause a harmful act and did everything possible to avoid causing harm. In the law, this is called strict liability, and in case law this is typically found in cases like transporting dangerous materials. Even if the defendant takes every step to avoid the harm and operates within the bounds of law, liability will still be found. Finally, product liability cases will typically involve class action suits when a class of people are harmed by a dangerously defective product.
These are typically going to be the causes of action for injury lawsuits, but there are pertinent defenses that may be raised as well. First, a defendant might wish to claim that a plaintiff was contributory negligent, meaning that he or she helped cause the accident and is not blameless. Another argument is that the plaintiff “assumed the risk”, and this is a particularly strong defense when the activities that the plaintiff engaged in were inherently risky or dangerous. Other defenses include implied consent or informed consent. At any rate, defenses can be raised that plaintiffs should be aware of when filing an Accident Injury Lawsuit.
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Finally, if the plaintiff wins the case, there will be damages. Typically, damages are monetary in nature, but even this can get tricky. When the tort inflicted does not have an express monetary value, such as when a defendant intentionally inflicts emotional distress, tools like expert testimony will likely be needed to determine the financial remedy that is appropriate. There are also punitive damages that might be rendered by the court in order to deter particularly harmful or negative effects from certain actions. In all decisions, the court issues its judgments in favor of the plaintiff for one reason only. The court is trying to make the plaintiff whole and undo the injustice that was done to them.