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.
One element of a Personal Injury case that can be confusing is calculating pain and suffering. When you receive bodily injury or mental anguish from being in an accident, there usually is some degree of pain and suffering that goes along with the obvious injuries. However, pain and suffering is unique to every person, and that is one reason it is difficult to analyze and value. An experienced Californian Personal Injury Lawyer knows how to… read more
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
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To help prove car accident claims, your Car Accident Attorney will submit evidence to the insurance companies, including statements by the witnesses and persons who were involved in the accident. The form these statements take may be either as written or recorded statements. There is some advantage to each, including control issues. Before you make any statements of any kind to insurance adjusters or companies, be sure to get advice from your own Car Accident… read more
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 California Personal Injury Statute of Limitations In… read more
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 traffic accidents, construction accidents, dog bites,… read more
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