UNDERSTANDING THE NATURE OF PERSONAL INJURY LAW
December 4th, 2014
Personal injury is a subset of a large umbrella of the law called torts. It offers legal rights to victims of physical or psychological injuries, which come as a result of the wrongdoing or carelessness of another person, government, company or entity. There are different types of personal injury under which a victim might be entitled to compensation in the courts of California and in San Diego.
TYPES OF CASES
Personal Injury cases may be applicable when a person acts negligently and as a result causes harm to another person. Examples of this include car accidents, medical malpractice, as well as other toxic tort cases.
It may also be applicable when a person knows and intentionally causes harm on another person. This can come in the form of an assault, false imprisonment, and battery to name a few.
Personal injury law can also be applied when a person did not intentionally nor negligently do a specific wrongdoing on his part but is still liable for a claim. These Cases include dog bites, and certain products liability claims are called strict liability claims, where the act alone causes the defendant to be liable under the law.
THE PURPOSE OF THE LAW
The main purpose of tort law is to compensate injured victims and put them in a position where they had been prior to any wrongdoing. People and companies are expected to interact and perform on a level guided with attention and care. This law, therefore, promotes and encourages good behavior, while reducing bad behavior. When accidents happen, having an experienced personal injury attorney by your side, that genuinely cares for you and your rights can substantially increase your recovery.
THE ROLE OF A SAN DIEGO PERSONAL INJURY LAWYER
No personal injury case is alike since no two accidents occur exactly under the same situation and inevitably all have different variables associated with them. The case generally begins, with a person (plaintiff) being injured (whether physically, psychologically, by loss of use of a personal property, or a variety of other ways) by another person (defendant).
Then, the defendant, upon determining that there has been a legal duty that has been breached, attempts to settle the matter through negotiations. If the plaintiff does not agree to the amount offered by the defendant, and is represented by an injury attorney, he/she may file a lawsuit against the defendant. The lawsuit should explicitly state the legal basis of the claim, including the remedy that he is expecting.
The defendant then files an answer, witnesses may enter the picture, and depositions may be set in place. As of this point, the more crucial steps follow, which include the trial, and eventually facing a verdict. If you are facing the need to come under the protection of this law, having an attorney by your side to guide you through the process and help you with legal presentation is a good place to start. If you have any questions relating to your case call our office for a FREE and CONFIDENTIAL evaluation of your case.