One of the most frequently asked questions people have is "What is a Personal Injury?" A personal injury is an injury to an individual's person caused by another party.
Is this making sense so far? Good, because this is only the tip of the iceberg.
So let's try it this way. Annually there are millions of accidents of various types. These can result in thousands of fatalities and millions of people injured.
In fact, personal injury law enables injured victims like you or your family to get money for your reasonable losses in a tort case. A tort case can also include losing a loved one in a wrongful death. You are entitled to money for the losses you suffered as a survivor.
Because of the risks and rewards in bringing a case, specialized plaintiff's personal injury attorneys are often called upon. These experts can help you to devise plaintiff's tactics to win money. The end game is M-O-N-E-Y!
So naturally, these advocates know how to maximize the compensation a tort victim can receive. At least you hope they know what they are doing, right?
The thing to understand about tort law is that it does not involve criminal charges. Generally, only civil actions are involved in a California tort claim. But arguably, you can bring a private attorney general's action in an unfair business practices case under a Business and Professions Code §17200 lawsuit.
But beyond that complex area of mixed bag claims, what if a criminal violation is charged that resulted in harm, death or serious injury? The answer in that case is that these are charged under criminal law.
That means the penalties will not be a part of your civil case brought under tort law in a civil action. Getting this so far?
Probably. There are a significant percentage of tort cases brought involving traffic accidents.
In these cases, the property owner has been careless. And this defendant may be entirely responsible or partially liable.
The other kinds of cases that involve tort law are:
This type of case may also include defamation of character.
Tort law has different fundamentals that apply in personal injury cases. Also, some elements may differ from one state to another. These claims will take place in the jurisdiction of the mishap, the plaintiff's business or residence location. But this is based upon local or federal laws.
Product liability laws include:
When a measure isn't decided before going to court, a jury will hear the case. If you win, the panel awards you monetary compensation.
So in some cases means there will be many plaintiffs’ who have suffered harm by the same cause. And his could be something like a defective product, drug or automobile. In these cases, the jury award or negotiated settlement will be divided.
In other words, it gets shared among the plaintiffs. And usually the split is based upon a percentage of the degree of harm sustained by each wrongdoer. In tort cases, monetary damages are sought by the plaintiff for damages such as medical expenses.
In class actions sometimes a gift certificate is awarded to most class members, and the main award goes to the original one or two class members and a ton of money goes to the lawyers.
Damages for most personal injuries include:
Yes. Except here, the damages are for non contact injuries to you. In other words, you were not touched physically, at least not directly.
In wrongful death claims the damages will include money for:
The defendants in these personal injury cases will use sneaky defenses and insurance company tactics. All of this is done to try and lower the amount of the settlement or jury award. In any event, personal injury cases are the specialty of the tort law lawyer.
These are jurists who can litigate a solid court case against the tort defense attorney's case. In these types of claims the damages, your Los Angeles, wrongful death attorneys, for example, will include your other losses too.
To learn more, contact a personal injury attorney at ELFPI (213) 596-9642.