One of the questions people often 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.
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 wrongful death. So the suffering survivors get money.
Because of the risks and rewards in bringing a case, plaintiffs hire local, specialized “personal injury attorneys.” And these experts near you help devise the 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, California tort claims are tried in civil courts. 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 complicated mixed bag claims are not the only cases. What if someone gets charged with a criminal violation for death or severe injury? Criminal law would be the law of the case.
So penalties will not be a part of your civil tort case. Are you getting this so far?
Probably. There remains 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 to 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:
If not resolved, the case goes to a jury. 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. The plaintiffs will share the award here. And usually, the split is based upon a percentage of the degree of harm sustained by each wrongdoer.
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 go to the lawyers.
Damages for most personal injuries include:
Yes. Except here, the damages are for non-contact injuries to you.
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. The reduction of the settlement or jury award remains the goal. In any event, individual 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 Ehline Law Firm (213) 596-9642.