To determine compensation in a Personal Injury lawsuit, it must be established who bears liability – the responsibility – for damage claims. This is not always a straightforward and easily discernible matter. To win compensation, the plaintiff must prove fault. This also is not always a simple thing to determine. Whoever is proven to be at fault for damages is liable for making payment to the other party. In some cases, liability is shared between… read more
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.
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.
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.
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.
If you or a loved one received injuries or other damages in an accident caused by the negligence of another person or company, you may wish to file a Personal Injury lawsuit to recover compensation for the expenses and damage claims related to that accident. Each state allows this legal action, but they all have a unique Statute of Limitations, a specific time limit in which to make those claims. The Statute of Limitations for… read more
The Inland Empire region of Southern California is remarkable because, unlike other specific counties, it is a broad regional area that includes parts of several other counties and has many major cities rather than just one. Inland Empire is located south of Los Angeles, but for reference purposes also includes parts of southern Los Angeles, Orange, Riverside and San Bernardino counties. The largest cities are Riverside, San Bernardino, Ontario, Rancho Cucamonga, Corona, Fontana, Moreno Valley,… read more
Personal Injury accidents change lives, sometimes forever. In California, there is a very high rate of injury accidents compared to the rest of the nation. This is partly due to a dense population of residents and the high number of visitors that visit this large and attractive state. Nationwide, in 2013, unintentional injuries accounted for 31 million emergency department visits. Accidents are the seventh leading cause of death in America, resulting mostly from vehicle accidents,… read more
In the legal world, the term Personal Injury generally refers to harm to a person’s body, mind or emotions. This is very different than damage to property. When you are injured in an accident that happened because someone else or a company was negligent, you can work through the legal system to recover fair monetary compensation for certain damage claims related to your injuries. In addition to bodily injuries, you can seek compensation for other… read more
Injuries that occur due to negligence cost innocent victims millions of dollars in expenses, lost income and non-economic damages. In San Diego, the second largest city in California, innocent people are injured daily in vehicle accidents. For these and other injury accidents that might happen at work or other places, the law provides victims the opportunity to seek fair compensation by filing a Personal Injury lawsuit. San Diego Personal Injury Attorney Your San Diego Personal… read more