Generally, the concept behind personal injury law encompasses a broad field of legal structures. California attorneys often define personal injury as a general term that involves the branch of tort law that protects the rights of people from injury due to negligence.
Understanding the basics of personal injury
People think that any form of accident may be considered as personal injury. However, in reality, it depends on the circumstances.
The first element that must be present in an accident to be determined as a personal injury case is negligence. The term “negligence” in legal sense is any careless action of an individual that causes or results into an accident. A persona may be considered negligent if he had failed to responsible carry out his expected duty of care to others.
Common accidents that may be caused by negligence include:
- Vehicle accidents
- Train accidents
- Aviation accidents
- Slip and fall accidents
- Dog bite
- Products liability
- Medical malpractice
When to file personal injury lawsuit
Personal injury victims have the legal right file for a lawsuit against the negligent individual who caused the accident. Under the legal theory of the tort law, a person may face legal actions for an accident if:
- He owed the injured victim a duty of care
- He failed to provide the duty of care by not acting like what a reasonable individual would do in similar situation
- The accident occurred due to the failure of providing duty of care
- The negligent action resulted into an actual and measurable injury to the victim
It is advisable for injury victims to file a claim against the negligent individual in order to legally obtain payments for the damages the accident has incurred. Consulting with California attorneys may become a necessity when pursuing a personal injury case. Generally, injury claimants need legal assistance which is why it is recommended to consult with an expert lawyer beforehand.