Who Is Liable For Your Personal Injury?

Personal injury laws

It should be impossible for most accidents that happen without having someone liable for the incident. Oftentimes, someone is responsible for injuries that the victim has experienced in the event of the accident itself. California personal injury law is designed to protect individuals from harm caused by a person's intentional or carelessness action. This law encompasses a broad range of claims which includes vehicle accidents, wrongful deaths, work injuries, defective products and others. In order to file a personal injury claim, the victim has to determine who is legally responsible for the injuries. There are three areas of liability which enables the individual to file the personal injury claim.

Intentional Wrongs


This area speaks for itself where the person liable did the action on purpose. Say when a person strikes someone on the head. Even if the act is a practical joke, he is still liable for the harm or the battery he has done. The victim has the right to file a civil personal injury. In addition, he can file criminal charges. Domestic violence, or sexual abuse enables the victim to file a civil lawsuit and a criminal complaint to the police.
In California, intentional wrongs are not insurable. In other words, the victim has to obtain the claim from the defendant and no one else. Most Personal Injury lawyers find it a challenge defending the person liable to the complainant unless the defendant has sufficient resources. It is always an essential to look for an experienced and reliable personal injury lawyer to determine the necessary reward for the damages that resulted from the accident.

Negligence


Any person who is negligent in his actions can sometimes cause another person harm. In any case, a careless person is liable when his actions injured another. To test should the person is negligent with his actions is through checking how a reasonable person acts on the same situation. During the trial, the judge or the jury may ask a reasonable person what he should have done in the event of the accident. This enables the judge or the jury to compare what the defendant should have done in order to avoid the accident that caused the damages.

It is not an excuse when an individual do not have any idea on the law. this simply means a defendant who has a higher intelligence doesn't make any difference to a defendant with a lower intelligence. A person is responsible for his actions. Say when a doctor is accused of a negligent act that has caused harm of an individual, the court asks a reasonable person of the same profession how he would act in the same situation.

Strict Liability


Unlike negligence, this area of liability holds the defendant liable for the damage or injury of an individual regardless of his carelessness. A common example of this is a dog attack. California law states that owners are responsible for injuries caused by dog bites. In addition, not only animal but also abnormal dangerous activities and product liabilities are subject for claims.

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