What is a Personal Injury in Newport Beach? The Importance of a Newport Beach Personal Injury Attorney to You the Victim Consumer?

When to Retain a Newport Beach Personal Injury Attorney.

The purpose of this section is to provide educational resources on what a personal injury is, and what to do if you, or a loved one is seriously injured in Newport Beach , California generally, Southern California, or greater Newport Beach .

What is a Personal Injury?

A personal injury is a sub-species of tort law. The word “tort”, is taken from ancient Latin, and means inter alia: “A negligent or intentional civil wrong not arising out of a contract or statute. These include "intentional torts" such as battery (striking someone) or defamation (saying untrue things that are hurtful about another to others), and torts for negligence (See jury instructions below.)

A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as opposed to criminal wrongs. (Some acts like battery, however, may be both torts and crimes; the wrongdoer may face both civil and/or criminal penalties.)

Under traditional law, family members were prohibited from suing each other for torts. The justification was that allowing family members to sue each other would lead to a breakdown of the family. Today, however, many states recognize that if family members have committed torts against each other, there often already is a breakdown in family relationships. Thus, they no longer bar members from suing each other. In these states, spouses may sue each other either during the marriage or after they have separated.

Normally, tort lawsuits against a spouse are brought separate and apart from any divorce, annulment or other family law case. Alabama, Georgia, Nevada, New York and Tennessee, however, allow or encourage combining the tort case with the family law case; New Jersey requires it.

The jurisdictions that still prohibit one family member from suing another include Arizona, Delaware, Hawaii, Illinois, Iowa, Louisiana, Missouri, Ohio, Texas, Utah, Wyoming and Washington, D.C. These places may make an exception when the tort is intentional. See, for example, Bounds v. Candle, 611 S.W.2d 685 (Texas 1980); Townsend v. Townsend, 708 S.W.2d 646 (Missouri 1986) and Green v. Green, 446 N.E.2d 837 (Ohio 1982).

An injury; a wrong; hence the expression "an executor de son tort", of his own wrong.

Torts may be committed with force, as trespasses, which may be an injury to the person, such as assault, battery, imprisonment; to the property in possession; or they may be committed without force. Torts of this nature are to the absolute or relative rights of persons, or to personal property in possession or reversion, or to real property, corporeal or encorporeal, in possession or reversion: these injuries may be either by nonfeasance, malfeasance, or misfeasance.”

What Types of Newport Beach , California Personal Injuries are Included in Tort Law?
There are many different types of tort injuries that arise in Newport Beach , California. Most tort injuries are the result of someone’s negligence. However, there are also intentional torts such as battery, assault, or intentional infliction of emotional distress. Negligence is how the great majority of Newport Beach Personal Injuries occur and is the term used in California Courts and includes but is not limited to:

Wrongful Death Accidents;
Survival Actions;
Premises Liability Injuries, which include slips and falls;
Automobile Accident Injuries, which makes up a large majority of civil case filings in Newport Beach Courts for negligence;
Airplane Accidents;
Products Liability Injuries, etc.

How Do I Know If I Have Been Injured as the Result of the Negligence of Another?

CACI, the California Jury Instructions, are used by Newport Beach California Courts and Juries, to determine if a civil defendant has committed the tort of negligence. Ehline has provided the below 2006 CACI Jury instructions, as an educational tool to help you understand more about your potential case an tort law in general:

NEGLIGENCE: “401. Basic Standard Of Care.

Negligence is the failure to use reasonable care to prevent harm to oneself or to others.
A person can be negligent by acting or by failing to act. A person is negligent if he or she does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation.
You must decide how a reasonably careful person would have acted in [name of plaintiff/defendant]'s situation.”

PREMISES LIABILITY: “1000. Essential Factual Elements (Revised June 2005).

[Name of plaintiff] claims that [he/she] was harmed because of the way [name of defendant] managed [his/her/its] property. To establish this claim, [name of plaintiff] must prove all of the following:

1. That [name of defendant] [owned/leased/occupied/controlled] the property;

2. That [name of defendant] was negligent in the use or maintenance of the property;

3. That [name of plaintiff] was harmed; and

4. That [name of defendant]'s negligence was a substantial factor in causing [name of plaintiff]'s harm.”

WRONGFUL DEATH: “3921. Wrongful Death (Death Of An Adult) (Revised January 2006).

If you decide that [name of plaintiff] has proved [his/her] claim against [name of defendant] for the death of [name of decedent], you also must decide how much money will reasonably compensate [name of plaintiff] for the death of [name of decedent]. This compensation is called "damages."

[Name of plaintiff] does not have to prove the exact amount of these damages. However, you must not speculate or guess in awarding damages.

The damages claimed by [name of plaintiff] fall into two categories called economic damages and noneconomic damages. You will be asked to state the two categories of damages separately on the verdict form.

[Name of plaintiff] claims the following economic damages:

1. The financial support, if any, that [name of decedent] would have contributed to the family during either the life expectancy that [name of decedent] had before [his/her] death or the life expectancy of [name of plaintiff], whichever is shorter;

2. The loss of gifts or benefits that [name of plaintiff] would have expected to receive from [name of decedent];

3. Funeral and burial expenses; and

4. The reasonable value of household services that [name of decedent] would have provided.

Your award of any future economic damages must be reduced to present cash value.

[Name of plaintiff] also claims the following noneconomic damages:

1. The loss of [name of decedent]'s love, companionship, comfort, care, assistance, protection, affection, society, moral support; [and]

[2. The loss of the enjoyment of sexual relations.]

[2. The loss of [name of decedent]'s training and guidance.]

No fixed standard exists for deciding the amount of noneconomic damages. You must use your judgment to decide a reasonable amount based on the evidence and your common sense. [Your award for noneconomic damages should not be reduced to present cash value.]

In determining [name of plaintiff]'s loss, do not consider:

1. [Name of plaintiff]'s grief, sorrow, or mental anguish;

2. [Name of decedent]'s pain and suffering; or

3. The poverty or wealth of [name of plaintiff].

In deciding a person's life expectancy, you may consider, among other factors, the average life expectancy of a person of that age, as well as that person's health, habits, activities, lifestyle, and occupation. According to [insert source of information], the average life expectancy of a [insert number]-year-old [male/female] is [insert number] years, and the average life expectancy of a [insert number]-year-old [male/female] is [insert number] years. This published information is evidence of how long a person is likely to live but is not conclusive. Some people live longer and others die sooner.

[In computing these damages, consider the losses suffered by all plaintiffs and return a verdict of a single amount for all plaintiffs. I will divide the amount [among/between] the plaintiffs.]”

PRODUCTS LIABILITY: “1220. Negligence--Essential Factual Elements.

[Name of plaintiff] [also] claims that [he/she] was harmed by [name of defendant]'s negligence and that [he/she/it] should be held responsible for that harm. To establish this claim, [name of plaintiff] must prove all of the following:

1. That [name of defendant] [designed/manufactured/supplied/installed/inspected/ repaired/rented] the [product];

2. That [name of defendant] was negligent in [designing/manufacturing/ supplying/installing/inspecting/repairing/renting] the [product];

3. That [name of plaintiff] was harmed; and

4. That [name of defendant]'s negligence was a substantial factor in causing [name of plaintiff]'s harm.”

Source: California Jury Instructions (CACI) Educational Web-site.

Is There Such a Thing as a “Junk Lawsuit”?

Insurance companies and the politicians they donate money too, have increased the battle cry that practically every civil lawsuit filed in California and across the United States is a “Junk-Lawsuit.” The insurance industry also asserts that lawsuit filings are out of control. However, these allegations are not based upon any findings by a court, or sound statistics. Rather, this was simply made up, ostensibly, to poison the civil jury pool. And it is working.

The Facts About Negligence Tort Case Filings In California, Federal, State and Newport Beach Courts

Between 1993 and 2002, California tort filings fell by 18 percent. Source: Washington Monthly Web-site.

U.S. General Accounting Office and the Congressional Budget Office criticize bogus studies about Costs of Lawsuits, finding: “no evidence that restrictions on tort liability reduce medical spending.” “In short, the evidence available to date does not make a strong case that restricting malpractice liability would have a significant effect, either positive or negative, on economic efficiency, the CBO said.” Source: Non Partisan Annenberg Fact Check Web-site.

In fact, the data shows there is no frivolous lawsuit epidemic. Source: ATLA.

Q: How do Insurance Companies Make Money if They Are Paying All this Money in Claims?

Insurance is paid for in premiums by the insured, you and I. When we are in a car wreck, or serious injury accident, we expect our insurance company to be there for us. However, more often than not, we are increasingly faced with hostile insurance adjustors, who try and devalue our claims, pay less than our vehicles are actually worth, or even treat us as if we are guilty of fraud.

In fact, much of this conduct is known as bad faith refusal to provide insurance coverage, and in certain circumstances, forms the basis for a “bad faith Lawsuit” against a first party insured’s insurance company. If you feel you have a bad faith claim against you insurance company, you could even be entitled to punitive damages, to punish the wrongdoer insurance company. We arent only Los Angeles personal injury attorneys.