Saturday 14 May 2011

California Personal Injury Lawyers Together with The Law

Injuries occur all over the world and California is no exception. There are many different kinds of accidents that cause unpleasant injuries. When this happens it is always wise to check with one of the California personal injury lawyers, who are well aware of all the state regulations regarding this kind of case.


It actually was in 1975 that California adopted a 'comparative negligence' doctrine. Under this doctrine, in a lawsuit the jury must decide how much of the incident was caused by the defendant and how much by the plaintiff. If the plaintiff was partly to blame, the damages are awarded accordingly.

The primary California Personal Injury Law is based on what is called 'Torts'. This covers a harmful act or failure to act when someone is hurt. There are a number of different torts covered under this law. They include physically injuring someone, damaging a person's property or character or denying a person their liberty.

This legislation is very specific in making sure that a person who is injured should be compensated by the person or persons who caused the pain and suffering. It particularly addresses the liability of whoever caused the accident to occur. The kinds of torts and their purpose is clearly written on the law books.

An Intentional Tort occurs when someone causes pain and suffering to another on purpose. Things that would fall under this category would include acts such as bodily harm, assault, invasion of privacy, and trespass. Deliberately slandering another person, verbally or in print also falls under this section. The injured party must show absolute proof that they are injured by the act.

If a person creates harm to another through carelessness, this falls under the Negligent Tort Statute. To win, under this law, the plaintiff should be able to prove that the accident resulted from failure of the defendant to act in a safe manner to prevent the accident. They must also prove that sufficient protection was not provided to keep it from happening, resulting in the complainant's pain and suffering.

As a final point, one has torts that are based on Strict Liability. This would involve cases that might be brought against producers for products that caused injury. The plaintiff does not have to follow the requirements of the Negligence Tort in this case. In other words, it is to pay compensation to people who are injured by defective items. Even in these kinds of cases the help of California Personal Injury Lawyers will ensure you that your compensation will be as you request.

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