There are several torts, or civil wrongs, that fall under the broad umbrella of personal injury law. Wrongful death, premises liability, defective drugs, faulty medical devices, medical malpractice, auto accidents, plane crashes, work-related injuries, defective products, nursing home abuse, and toxic torts are all types of personal injury cases.
Types of Personal Injury Cases
Personal injury law covers a wide range of situations including car accidents, truck accidents, pedestrian accidents, bicycle accidents, wrongful death, dog bites, slip and fall incidents, premises liability, and product liability cases.
Legal Grounds for Personal Injury Lawsuits
Negligence
The most common ground for personal injury lawsuits is negligence—one party's failure to prevent conditions that cause another person's injuries. To establish negligence, the injured party must show the negligent party had a duty to act and failed to do so.
Intentional Wrongdoing
The second legal ground is intentional wrongdoing, where the injured party claims another willfully and knowingly created the circumstances that led to the injury.
Strict Liability
The third type involves strict liability, where makers of a product can be held liable for any injuries caused by their product regardless of how careful they were. The injured party only has to prove the product was defective.
Compensation Available
In a personal injury case, the injured party can seek compensation for economic losses including medical expenses, past and future loss of wages, diminished earning capacity, and other out-of-pocket expenses. Victims may also be eligible for compensation for pain and suffering, disability, and loss of consortium.
Statute of Limitations
All personal injury cases in California are subject to a statute of limitations of two years from the date of the injury. There are exceptions to this rule, so it is important to speak with a qualified attorney as soon as possible.
If you suffered injury stemming from an accident, contact us for a free consultation with one of our experienced attorneys.