Overview Of California Personal Injury Cases
California personal injury cases refer to events which resulted to a persons suffering
because of some form of injury which can be either physical or psychological. These events can be properly called accidents, among others.Personal injury is governed by tort law. It is the law which deals with personal injuries by providing remedies and compensation to the injured victim.
Tort may result in an injury or harm constituting the basis for a claim by the injured party. While the harm may also constitute a felony which is punishable under criminal law, the primary aim of tort law is to provide relief for damages incurred and deter others from committing the same harmful act.
Personal injury and tort are used interchangeably, in that personal injury connotes tort while tort is understood as personal injury.
California personal injury cases may happen or occur in any of the following, to wit:
* product liability
* premise liability
* car accident
* trespassing
* assault
* battery
* negligence
* intentional infliction of emotional distress
* wrongful death
* slip and fall injury
* medical malpractice
Tort, in general, is considered a civil wrong which can be the basis of an action in court. It is a ground for lawsuit and can be redressed, once proven, by awarding damages.
Damages, as used in the law, is the sum of money that the law imposes to be given to the injured party, because: (1) the party at fault failed to observe necessary diligence which would have prevented the injury; or (2) there is a direct violation of the injured partys right.
Generally, damages can either be compensatory and punitive. Compensatory, as the name suggests are intended to compensate the injured party for his loss or injury. It is awarded depending on the amount of actual harm suffered by the injured victim. In some jurisdiction, there are certain types of injuries which if proven can be awarded twice or thrice the amount the actual damages suffered. This is called treble damages.
Punitive damages, on the other hand, are awarded to punish a wrongdoer. The injured individual may also sue for an injunction to prevent the continuation of the tortuous conduct or for monetary damages.
Among other kinds of damages that are recoverable may include:
* Loss of earning capacity
* Pain and suffering
* Reasonable medical expenses
* Present and future expected losses
Tort may fall in any of the three categories namely intentional tort like in cases of intentionally hitting a person, negligent tort such as failure to observe traffic rules and thereby causing injury and strict liability such as making and selling defective products. The last two kinds are more regarded as tort which squarely addresses personal injury.
Tort laws applicable to personal injury tort may vary from one jurisdiction to another. They are created either by judges or what is know as common law and by the legislatures or what is known as statutory law. Many however use the 2nd Reinstatement of Torts as the leading tort law guide in the US.
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