The Basics of Personal Injury Law

Personal injury law is the legal avenue for an injured person, in this case the plaintiff, to bring a claim against the defendant or defendant. The purpose is to get the person responsible to pay financial compensation for the damages caused.

Personal Injury Law & Cases

Personal injury cases involve torts. These are unlawful civil acts that result in personal injury or harm. Personal injury law is not just one area of ​​the law. It covers a huge variety of types of cases in which you or a member of your family has suffered physical or emotional harm. It could also include property damage. 

Personal injury law in general is concerned with finding out who is liable, or liable, for causing the injuries and how much they will be required to pay for the damages that they (an individual, a company, or an agency) have caused. 

There are cases of negligence, where you have to prove that the defendant had the obligation or responsibility and that he did not comply, and that this failure is the legal cause of damages. There are also intentional damages, in which the plaintiff (you) is suing the defendant, that on purpose, willfully, and willfully causing an injury.

Personal injury law includes car accidents, slip and falls, premises liability (for example, falling into a hole at a construction site or in a business), product liability cases, when a product caused to someone injury, medical malpractice, willful damages, and strict liability cases such as dog bites. It is a broad field of law; some of the law firms in Los Angeles have more than 70 years of combined experience in these various fields of law. 

There can never be a guarantee on the outcome of a lawsuit, but we guarantee that we will work hard for you and that we will work with you to keep you informed, to ensure that you receive medical care and treatment,

Torts

Torts are classified into three groups:

• Negligence torts:  When someone acts carelessly. For example, in most car accidents.
• Intentional torts:  Done on purpose, with intent to cause harm. For example, a punch to the face.
• Strict liability torts:  Impose liability without regard to fault. For example, dangerous activities.

The plaintiff in a civil action must prove with evidence, that the defendant caused the damage or that it is his fault. This step is considerably easier to prove than in a criminal case; because in a civil case guilt goes beyond a reasonable doubt.

It is also important to clarify that each state in the United States has its own procedural rules for filing personal injury claims, as well as its statutes of limitations.

Negligence Torts: Causing Careless Damage

The frequency of personal injury lawsuits due to negligence is high. In a typical negligence case, the plaintiff must prove the following:

• The defendant had a duty of care to the plaintiff to protect him from possible injury.
• The defendant failed to act reasonably under certain set of circumstances to maintain that care.
• The plaintiff suffered actual harm due to the defendant’s breach of duty of care.

For there to be negligence, it is not required that the accused had the intention of causing harm, it is enough that he did not act with the care of a reasonable and prudent person in the same circumstances. 

Hence, the usual defense strategy in a negligence case is to allege that there was no reasonable duty of care in favor of the injured party, or that there was another factor causing the personal injury.

Intentional Torts: Causing Harm on Purpose

The plaintiff alleging a tort with intent must show that the defendant intended to cause the injury. A very different situation than negligence. Some examples of intentional torts are assault, assault, unlawful deprivation of liberty, and intentional infliction of emotional distress.

However, torts committed with intent can also be prosecuted under criminal law. But civil laws allow an injured person to initiate actions for the same cause.

Strict Liability Torts: Causing Harm Regardless of Intent or Carelessness

Strict liability occurs in the types of torts where the defendant is liable for the injury; even though he did not act negligently or intentionally.

Typical situations that result in strict liability claims are those related to highly hazardous products or activities. For example, the storage of dangerous substances or the demolition of buildings. Some employers may also be held liable for the negligent or criminal actions of their workers.

Even in some states, animal owners may also have strict liability if their pets injure other people.

What Kind of Compensation Is Obtained in A Personal Injury Law Lawsuit?

The personal injury lawyer may offer you a broad idea on this topic. However, in most states the personal injury law aims for the affected person to obtain financial compensation, which allows covering financial losses, such as medical expenses, lost wages, specialized medical care, payment of services, among others.

It is also common for some people to seek compensation for pain and suffering and the loss of a loved one. This compensation allows surviving family members to have a livelihood to continue with their lives.

In some exceptional circumstances, the law may allow extra damages, known as punitive damages; to be imposed with the intention of punishing the responsible party for their misconduct or willful misconduct. This added compensation is for the purpose of setting an example to society; to prevent others from doing the same, and to discourage the accused from continuing their actions.

But not all personal injury reports go to trial. Personal injury lawyer almost always negotiates with the plaintiff and the defendant. Most people prefer this action to going to court.

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