If someone was negligent and caused your injuries, resulting in financial damages, you can recover compensation to cover your losses. Damages include medical bills, lost wages, and pain and suffering. Whether you are partially to blame, you might not get 100%; however, you may still be entitled to compensation.
Personal injury falls under the bigger category of tort laws, which extend beyond individual persons, such as harm inflicted on businesses and properties. However, the words personal injury and tort are often used interchangeably.
Personal injury law allows victims who suffer bodily harm due to another party's actions to recover as much compensation as possible to help them regain their lives. This differs from negligence, but the basis for most personal injury claims is negligence.
Personal injury claims arise where a person suffers an injury and/or loss because of the negligence of another party. Types of personal injury claims can include: Road traffic accidents. Accidents on a public highway.
Negligence is key in injury claims. It's about not being careful, causing someone else to get hurt. To win a personal injury case in Torrance, California, you must show the other person's carelessness hurt you.
To prove a case of negligence, your lawsuit must establish: A legal duty existed that the defendant (person being sued) owed to the plaintiff (person who filed the lawsuit). The defendant breached that duty. The plaintiff suffered injury (damages).
Negligence occurs when one person fails to exercise the care we expect of an ordinary or reasonable person in that situation. This includes protecting others from reasonable and foreseeable harm. Like other crimes and torts, there are several elements you need to prove to succeed in your negligence claim.
While seemingly straightforward, the concept of negligence itself can also be broken down into four types of negligence: gross negligence, comparative negligence, contributory negligence, and vicarious negligence or vicarious liability. Gross negligence refers to a more serious form of negligent conduct.
Under California law, there are four legal principles of negligence required for a claim include duty of care, breach of duty of care, causation, and damages.