When someone is physically or emotionally injured, or
their personal property is damaged, it is considered
in law to be a “personal Injury”. The laws
covering personal injury allow the injured party to
receive compensation for damages caused by someone
else’s carelessness, negligence, recklessness, or
intentional actions. Personal injury law is also
called “tort” law. States and the Federal
government have enacted tort laws for the protection
of your rights. Tort actions have three elements:
there must be a legal duty between the defendant (the
one doing the wrong) and the plaintiff (the person
injured); there must be a breach of that duty; and,
damage must occur because of that breach. When all
three elements take place, a personal injury, or tort,
has occurred.
The laws of our society place demands on all citizens
not to harm others. This means that not only should
people be safe from harm, but their possessions also.
Whenever someone else harms you or something that
belongs to you, they become liable to answer to the
tort laws governing the situation. Liability can be
caused by intentional acts, or torts, or by
negligence. An intentional act is one designed to
cause harm or injury. The person committing the act
wants to harm you. A negligent act occurs when someone
fails to take appropriate action and you are harmed as
a result of that failure. For instance, if an angry
person throws a brick through your car window, that is
an intentional tort (it may also be a criminal
action). On the other hand, if a careless driver runs
into your car, that is a negligence tort. In the first
case, the defendant wanted to cause an injury; in the
second case, the defendant did not want to injure you
but failed to take the appropriate action to prevent
injury. In both cases, the defendant had a duty not to
injure you or your property, because our laws and
society create that duty. The duty was breached by the
intentional or negligent actions of the defendant, and
damage to your person or property resulted.
Another form of person injury law covers “strict
liability”. Strict liability means that there is
responsibility whether or not negligence was involved.
This is usually applied to situations which are in
themselves abnormally or inherently dangerous. This
concept also occurs in the area of product liability.
Manufacturers are charged with the responsibility of
assuring that their product is safe when used as
directed. If someone is injured by a product, under
the terms of strict liability they do not have to
prove intent or negligence, only that the product was
defective through no fault of their own, and that harm
was done.
Once a personal injury has occurred, the defendant has
a liability to make good the damage done.
“Damages” is the term for whatever is owed to you
to compensate you for your loss. Damages can be agreed
upon by you and the injuring party, through insurance
settlements, or by other means. But often the damages
offered to you may not fully compensate you for your
loss. This is especially true if you have suffered
physical injury and have not been able to work.
Personal injury law is the mechanism for determining
who is in the wrong, or in other words, who is
“liable”, and what the liable person should have
to pay for the damage caused.
If you are the victim of a personal injury, there are
several things you can do to help yourself. First of
all, make sure that you seek proper medical attention
and that you follow up with the proper authorities and
your own insurance company. If you believe your injury
was caused by the carelessness or intentional act of
another, you may want to contact an attorney to
discuss this. You should call as soon as it is
convenient to do so and avoid discussing the matter
with strangers and/or insurance representatives who
are not from your own insurance company. You should be
cooperative with the police, your own treating
physicians, and your own insurance company. Most
personal injury cases are covered by a statute of
limitations, which means that you only have a certain
period of time in which you can file a lawsuit. If you
have a personal injury case that you would like us to
review please call Attorneys911 at
our toll free number, (800) 300-0001 for a free
consultation or submit
an online questionnaire .
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Personal Injury Attorneys is not formal legal advice nor the
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firm handles law suits in the areas of and around sate including
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Francisco, San Jose, Sacramento, Riverside, San Bernardino. We
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