When do you have a personal injury case?Updated on Saturday 25th February 2017
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A personal injury case is defined as a type of tort lawsuit that claims that an injury has been inflicted on one party by the negligence of another. Two very important aspects that need to be thoroughly considered are if the other party can truly be held responsible and to determine if it was an act of negligence and also the nature of the injury and the severity of its implications for the victim.
California regulates by law the manner in which personal injury cases are treated as well as the time limits for solving such cases. Our Los Angeles personal injury attorneys can help you if you have been a victim and want to obtain compensations.
The elements of a personal injury case
In order to be able to obtain compensations after being injured because of someone else’s reckless behaviors, the plaintiff will need to prove the four elements or a personal injury case:
- the duty of care: the defendant had a duty towards ensuring a reasonable amount of safety towards the plaintiff, to begin with;
- failure to meet the duty of care: the defendant breached his duty of care, even if through a careless or reckless act or omission;
- causation: the acts of the defendant directly caused the injury;
- actual damages: the plaintiff suffered actual injuries.
Types of personal injury cases, presented by Los Angeles personal injury attorneys
Some of the most common types of personal injury cases that are common in the state of California are vehicle accidents. The injured party will have to be able to prove that he/she has no part in the accident and that a negligent act of the other party caused the accident and the injury. A personal injury lawyer will be able to gather all the necessary documents, like police reports or eyewitness testimonials, in order to determine who was responsible for the car accident. The same applies for accidents that involve pedestrians.
Personal injury cases can also be those caused by defective products or by another individual, while he/she was exercising his/her duties, like medical malpractice.
Our lawyers invite you to watch a video about the elements that are defining to a personal injury case:
Compensations for personal injury cases
The compensations for the injuries caused to another party can be for bodily injuries or emotional distress. The latter is more evident in cases like those involving nursing home abuse. Whatever the case, an experienced personal injury lawyer will determine the appropriate type of compensation for your type of personal injury case. Most of the time the compensations are monetary and offered for medical expenses or other damaged goods.
It is important to remember that a personal injury case is attributed to the negligence of another party. Because each case is different, you should contact our Los Angeles personal injury attorneys and schedule an appointment to discuss the specifics of your case. Together with our team, you will be able to bring to justice a wrongdoing that has harmed you.