Rs Law Offices/Our blog/Personal Injury Law In California

Personal Injury Law In California

12/04/2021

In California, many individuals fall victim to wrongful diagnosis, automobile accidents, motorcycle accidents, truck accidents, dog bites, catastrophic injuries, nursing home negligence, train accidents, and pedestrian accidents due to other people’s carelessness.  


That is why the California personal injury law is in existence. It aims at protecting the moral and legal entitlements of those injured or affected by other parties’ negligence. 




What Is A Personal Injury Claim?

In California, most personal injury statutes are based on the virtues of torts. A tort is any wrongful act or any breach of civil rights that lead to liability. Do not mistake a tort with a criminal offense. 

While a crime is considered a wrongful act against the state or society, punishable by fines or imprisonment, a tort is regarded as a civil wrong that obliges the party who initiated the tort to compensate the victim. 

According to the U.S. constitution, if you are a victim of another person’s carelessness, you have a right to raise a claim against them in a civil court on grounds they caused harm or injury to you.  

In your claim, you will need to show that:

  • The other party unduly rejected your right to freedom or liberty
  • The party induced emotional or physical pain
  • You experienced losses as a result of the accident. Such losses can include medical expenses, lost wages, etc. 

If your claim possesses these three items, you have a strong case. 

What Are The Types Of Personal Injury Lawsuits?

Here are the three main types of personal injury lawsuits:

Negligent Torts

Thoughtless or negligent actions sometimes result in injury or undue damages to other parties. That is why the California personal injury law ensures that such careless actions that inflict harm and damages to other people face the rule of law accordingly.  

Intentional Torts

As the name implies, these unlawful acts are based on intentional actions. Assault is one example of such a deliberate performance. Other cases can include unjust imprisonment, character defamation, physical assault, and trespassing.

Strict Liability

Contrary to the two types of lawsuits, the strict liability concept does not consider the fault done. It focuses on the victim’s liability in a manner they have incurred injuries or damages. 

When To Seek An Attorney’s Services

When an individual is seriously injured in a car accident, it is regularly challenging for the victim to get medical assistance and seek legal redress at the same time. Despite this, it is essential for the person not to live and accept what was unfairly done to them.

One individual who can assist a great deal is a certified personal injury attorney. 

Always remember that insurance firms are businesses governed by their unquenchable thirst for making profits. To ensure you get your fair share of compensation that mirrors the actual value of your injuries and losses, always seek the services of a lawyer. 

Employing a lawyer levels the playing field that might result in a much higher settlement for damages and injuries suffered in an accident. 

To learn more about how a professional California personal attorney can assist, contact us for consultation. 

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