Personal Injury tort lawsuits are civil actions that attempt to obtain fair compensation for an injured person through claims that allege some type of injury or harm to their physical body, mind or emotions. It differs from accidents that result in property damage, although claims for some property damage may also be included in a personal injury lawsuit.

Negligence

This type of injury is allegedly caused by the negligence of some other person or a company. Claims of personal injury may also be included in cases of defamation. The result of a personal injury event includes some or all of the following: bodily injury, emotional/psychological/mental harm or distress, or negligent behavior that inflicts emotional distress.

When a company is a sole or partial defendant in a Personal Injury lawsuit, claims may include that the company allowed an unsafe work environment, harassment, or production of defective products. Recent lawsuits that have been publicized recently include cases were people were injured due to parts failures, such as tire or brake failures, or cases where vehicles were prone to rollover accidents due to their design. Another case involves damage claims made by a prominent news reporter who was unknowingly filmed nude in her hotel room after a hotel clerk put the perpetrator in a room next door to her room.

Accident Types

Many common accidents that lead to Personal Injury lawsuits begin with vehicle accidents, including common carrier vehicles. When another driver is negligent and causes an automobile, truck, bus, motorcycle, bicycle or pedestrian accident, they may be sued by the injured party. Common carriers like busses, airplanes, taxis and other forms of public transportation often are included in Personal Injury lawsuits following injury accidents to passengers. There may be several responsible parties, including vehicle manufacturers, designers or installers that share liability for such accidents.

Other typical events that result in personal injury include: dog attacks, medical malpractice, birth injuries, slip and fall accidents, nursing home abuse, industrial diseases, and wrongful death. If a jury finds that the defendant was negligent and outrageously careless, they may add an extra punitive damage award on top of normal compensatory damages.

Damage Claims

The legal process to gain fair compensation or punitive damages can become quite complex, so it is important to get an experienced Personal Injury Attorney on your side quickly. Time limits may also be a factor in this type of lawsuit. If you miss the deadline, your ability to obtain monetary compensation may be terminated. You also should have a top quality attorney to defend you against countercharges that you might bear partial responsibly for your injuries.

There are many variables to consider, so consultation with our experienced Personal Injury Attorney is an important first step to take, as soon as possible. Learn more here about this area of law that allows injured persons to obtain fair compensation through a Personal Injury claim.

San Diego Vaccine Injury Lawyer

Vaccines play a crucial role in preventing serious diseases and maintaining public health. However, in rare cases, vaccines can cause adverse effects or injuries. If you or a loved one has suffered a vaccine-related injury, it is essential to understand your rights and seek appropriate legal assistance. In San Diego, vaccine injury lawyers specialize in helping individuals navigate the complex legal landscape surrounding vaccine injuries, ensuring they receive the compensation and justice they deserve. This… read more

What Exactly Does a Personal Injury Attorney Do?

A personal injury lawyer is a legal professional who specializes in providing representation to individuals who have suffered physical, emotional, or financial harm due to the negligence or misconduct of another party. These attorneys play a crucial role in ensuring that victims receive fair compensation for their injuries and losses. Here’s a comprehensive look at what personal injury lawyers do: Initial Consultation and Case Evaluation The process begins with an initial consultation, during which the… read more

San Diego Spinal Cord Injury Lawyer

The spinal cord is part of a major communication system of nerves that transmits signals between the brain and muscles in other parts of the body and the organs. If it becomes damaged, the results can vary from incomplete to complete paralysis or loss of function of the area served by that part of the system. The spinal cord itself contains a network of 31 pairs of nerves that connect to the arms, legs, chest… read more

Bodily Injury Claim FAQ

When someone is injured in an accident due to negligent behavior, they may turn to the legal system to recover compensation for accident-related expenses. Damage claims in a Personal Injury lawsuit can cover many different items, including work loss, but bodily injury and medical care expenses are often the main focus of this effort to find justice. Personal Injury Claims A person who is injured in an accident may decide to file a Personal Injury… read more

San Diego Pain and Suffering Lawsuit

In many Personal Injury lawsuits, damage claims are made for pain and suffering. Similar to the differences between economic and non-economic damages, some pain and suffering claims can be hard to quantify. Two types of damage claims are involved: physical and mental. The physical pain and suffering is easier to assess than mental pain and suffering, which is highly subjective. Both types of pain and suffering can last far into the injured person’s future, to… read more

California Statute of Limitations

If you or a loved one has been injured in an accident due to someone else’s negligence, filing a personal injury lawsuit may be necessary to recover compensation for your expenses and damages. Each state, including California, has a specific statute of limitations—a set time frame within which you must file your claim. Understanding this time limit is crucial to protecting your right to seek compensation. Here’s a clear breakdown of the statute of limitations… read more

Commercial Property Injury Lawyer

Personal injury accidents can happen on commercial property to workers or anyone else who is on that property. Whether an injury that occurs on commercial property is something to pursue through legal channels depends on the actual event and factors that led up to the accident. If you or a loved one has been injured or killed while on commercial property, it definitely is wise to consult with an experienced Personal Injury Attorney to determine… read more

California Hotel Injury Accident Lawyer

People visit hotels for many reasons, including business and personal vacation travel stays. Many hotels also offer other attractions that guests and non-guests utilize, such as restaurant and recreational services. Unfortunately, for thousands of people each year, that visit to a hotel ends up with an injury accident or even death. Workers in this industry also risk injury and death on their jobs at hotels and restaurants. If you or a loved one were injured… read more

Escalator & Elevator Injury Accident Lawyer

Accidents that happen to people when they are using escalators and elevators are not as widespread as accidents involving other modes of transportation, but there still are thousands of injury accidents each year and some fatalities. Even minor injuries result in pain and medical care, while serious injuries can result in amputations, traumatic brain injury or death of the victim. California Escalator & Elevator Accident Attorney Many of the same regulations that apply to public… read more

San Diego Ride Sharing Accident Lawyer

Ride sharing is a new transportation network service that appears to offer benefits to both drivers and passengers, but there are some serious questions with regard to liability and insurance coverage. In California, this problem was recently addressed when Gov. Jerry Brown signed a new bill, AB2293, in September 2014. The bill attempts to clarify a variety of insurance-related issues that apply to people who work for or use services provided by new charter-party carrier… read more

Calculating Personal Injury Compensation

When you’re injured in an accident caused by someone else’s negligence, you deserve fair compensation for your expenses and damages. Calculating this compensation is a crucial part of your personal injury case, and it’s best done with the help of an experienced California personal injury lawyer. Why You Need a Personal Injury Lawyer An experienced personal injury lawyer has the knowledge and skills to help you get the compensation you deserve. Being injured due to… read more

Pain and Suffering in a Personal Injury Case

One of the most complex elements of a personal injury case is calculating pain and suffering. When you experience bodily injury or mental anguish from an accident, there is typically some degree of pain and suffering accompanying the obvious injuries. However, pain and suffering are unique to each person, making them difficult to analyze and value. An experienced Californian personal injury lawyer can help you present valid claims for this aspect of your accident injuries…. read more

How to Sue for Personal Injury

When you or a loved one are involved in an accident, you may file a lawsuit to recover fair compensation for accident expenses, like medical care and property repair. In California, Civil Code section 1714 is where you find details for filing a negligence-based Personal Injury lawsuit. The law and associated rights to sue apply to you and to everyone else, equally. To file a lawsuit for Personal Injury claims, you should seek legal advice… read more

Steps to Take After Your Accident

As a driver, it’s essential to know what to do if you’re involved in an accident. While some drivers may never need this information, the reality is that most people will face this situation at some point. With nearly 400,000 miles of roadway in California carrying hundreds of thousands of vehicles daily, accidents are an unfortunate but common occurrence. Here’s a guide to help you navigate the steps you should take immediately following an accident…. read more

Recorded vs Written Statement

In the aftermath of a car accident, you’ll likely need to provide statements to insurance companies to support your claim. These statements can be either recorded or written, each having its own advantages and disadvantages. It’s crucial to understand these differences and how to handle each type effectively. Here’s a breakdown to help you navigate this process more smoothly. Why Insurance Companies Prefer Written Statements Insurance companies often favor written statements for several reasons. Primarily,… read more

File a San Diego Personal Injury Lawsuit

If you believe you have a personal injury case to be heard in California, it is very important that you know how to file this suit. There are numerous laws, as well as the statute of limitations, to think about. If you miss the statute of limitations, for instance, it is unlikely that you will still be able to make a claim, bar some very rare situations. San Diego Personal Injury Statute of Limitations In… read more

Statistics Of Personal Injury Cases Nationwide

In this country, a vast proportion of civil litigation is made up of personal injury lawsuits. These claims are covered under the tort claim acts. For a case to be heard, an injury must have been sustained by a person, or damage must have occurred to a property, and this must have been the result of wrongful or negligent actions of a third person or entity. Common cases include auto accidents, construction accidents, dog bites,… read more

Medicare Liens In Personal Injury Cases

Personal injury cases are complex cases, but even more so when there is a Medicare lien attached to them. Unfortunately, it can be very difficult to get Medicare to release information, which makes these cases hard to manage. It is important, therefore, to know how to organize everything so that a settlement check is not held back, which could happen if a final demand from Medicare has not been made clear at the point of… read more

What Is Considered Personal Injury?

Accidents happen and they happen often. Regardless of the fact that they are common, however, those who suffer an accident are often in a lot of pain and suffer from a lot of confusion as well. This is particularly true if the accident itself was caused by a third party. Those who are considering taking steps towards putting in a personal injury claim, effectively demanding their legal rights, are likely to have a number of… read more

Understanding Negligence In Personal Injury

When you or someone you know is injured due to someone else’s actions, it often falls under the umbrella of personal injury law. Central to personal injury cases is the concept of negligence. Understanding negligence is crucial as it determines who is at fault and, consequently, who is liable to pay for damages. Let’s break down negligence into simpler terms and explore its key components: duty of care, breach of duty, and causation. Elements of… read more