Personal injury law covers the physically and/or emotional injury of an individual or damage to their personal property by another. When such personal injury occurs, the injured party may be entitled to receive compensation. Fault may be assigned based on another’s carelessness, negligence, recklessness, or intentional actions. A synonym for personal injury law is tort law. Tort laws protect your rights. There are three elements to tort law:
- 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.
- Damage must occur due to the breach of duty one party has for the other.
If all three of the aforementioned elements have occurred, so has a personal injury or tort. A Los Angeles personal injury attorney knows these laws and can help if you’ve been injured.
The American legal system was set up to ensure constituents do not harm one another. The personal injury laws not only account for personal harm, but also for a person’s possessions. When another person harms you or something that belongs to you, they are liable to the tort laws governing the situation. Liability can be caused by negligence or intentional acts. Intentional acts are actions that are designed to cause harm or injury. A negligent act happens when someone else’s inaction in a situation causes you harm. An example of intentional tort (also may be a criminal action) is an angry person throwing a brick through your car window. If a careless driver smashes your car, it would be considered negligence. Someone throwing a brick at your car window wants to cause you harm, but when a car accident occurs, the defendant (presumably) did not want to injure you but did not take the appropriate action to prevent the injury. The defendant in both cases has a duty not to injure you or your property.
“Strict liability” applies in specific aspects of personal injury law. Strict liability is an extension of a party’s responsibility above and beyond that already described. In situations that are abnormally or inherently dangerous, the responsible party need not be intentional or negligent to be found responsible under personal injury law – if an injury occurs, the party is responsible. One example of strict liability in personal injury law is product liability. If harmed while using a product as directed, plaintiffs (and their attorneys) do not have to prove intent or negligence. The simple fact that the product was defective and harmful proves and violation of strict liability, the “duty” of a manufacturer to a consumer.
If a personal injury has occurred, the defendant must compensate for the damage that has occurred. Damages are whatever is owed to you as compensation for your loss and can vary widely. This is another reason that an experienced Los Angeles personal injury lawyer is essential if you hope to fully recoup all that is owed to you.
If you have sustained a personal injury, there are a few things you can do to help yourself. First you should immediately seek the proper medical attention; followed by contacting the authorities and your insurance company. If you feel that your injury may have been caused by the intentional or negligent act of another, contact an attorney to discuss the case. Call your attorney at your earliest convenience and avoid discussing the incident with others. Cooperate with the local police, your physicians, and insurance company.
If you or someone you love is in need of legal assistance, call Sheridan & Rund at 310-640-1200, toll free at 888-640-6789, or contact us online. Our initial personal injury consultation is absolutely free, and if our firm agrees to handle your case, our Los Angeles personal injury attorneys will work on a contingency fee basis, meaning we get paid for our services only if there is a monetary recovery of funds. You pay nothing out of pocket until our firm retrieves the compensation you deserve. It is imperative you contact our firm today because a lawsuit must be filed before the legal expiration date known as the statute of limitations. Please call Los Angeles attorneys Sheridan & Rund immediately to ensure you are rightfully compensated the money you deserve.