California Personal Injury Lawyers Along with The Law



California Personal Injury Lawyers

When a man or woman has a serious accident, that is brought on by another party, it is important to contact one of the California personal injury lawyers who understand all the laws of the state. Having this form of representation will give the warranty that everything possible will likely be done to receive just compensation. Having such a person on one's side offers a sense of satisfaction and confidence.

California's 'comparative negligence doctrine' is a law that was passed in 1975. Under this regulation, a lawsuit that goes to court has to be heard by a jury. The award will be based upon how much of the accident was caused by the plaintiff and how much by the defendant. If it were decided that a certain portion was the plaintiff's fault they might only receive 75% of what they are seeking.

California's Personal Injury Law is split into what is called 'Torts'. These are determined by a harmful act, or failure to act, which caused someone to become injured. This law includes damaging a person's property or character, physically hurting someone or denying someone liberty.

This law 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 specifically addresses the liability of whoever caused the accident to occur. The kinds of torts and their purpose is clearly documented on the law books.

An Intentional Tort covers actions of one who deliberately produces harm to another person. This would include a wide range of physical actions that can cause harm to the plaintiff. Under this tort one will also find deliberately slandering someone, either in print or verbally, to ruin their reputation. The plaintiff must show proof that this is what took place.

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

Third case where you could need help of the California Personal Injury Lawyers, we've got the Strict Liability Tort. These cases are usually brought against large companies or manufacturers who product has cased damage to the plaintiff. In these cases the provisions of the Negligence Tort are not required.



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