LA Injury Claim Attorneys & the Law

LA injury claim attorney can help victims of personal injury cases in California facilitate their claim for damages against the erring party. Save some common laws made by California courts peculiar only to it, this action is generally covered by existing federal and state laws on tort.

Injury claims in Los Angeles may fall under any of the following, to wit:

• Product liability

• Premise liability

• Car accident

• Trespassing

• Assault

• Battery

• Negligence

• Intentional infliction of emotional distress

Rules on personal injury or tort may vary from one jurisdiction to another. So the laws prevailing in Los Angeles and used by LA injury claim attorney may slightly vary from other places and in other states. Those which are regarded as common law are made by judges while statutory laws dealing with personal injury are made by the legislative branch of the government consisting of the House of Representative and the Senate.

Tort is generally categorized into three, namely:

• Intentional tort

• Negligent tort

• Strict liability

Intentional tort exists when the personal injury done to a person was willfully and intentionally imputed to the person such as in cases of battery, assault, intentional infliction of emotional distress, among others.

Negligent tort, on the other hand, occurs when there is failure to exercise diligence and due care. Rule of the thumb is if a person fails to exercise the care that a reasonable, prudent person would exercise under the same circumstances, the person is considered negligent and he will generally be held liable to the person who suffers the direct result of his negligence. Negligence is shown in cases of car accidents, wrongful death, premise liability, construction accidents, etc.

In the case of strict liability, the liability of the person at fault attaches to him regardless whether or not he has been negligent, unlike in negligent tort. The liability on this one does not depend on the degree of care the person exercises. It would suffice that he has done an act which caused damage to another. Common example of the application of strict liability is in cases of product liability.

Not all personal injury is instituted in civil suits. Some tortuous act can also be subject of criminal cases when the injury or harm constitutes felony under criminal law. But ideally, tort deals with personal injury and provides compensation for damages to discourage others from following suit.

In contemplation of the law, damages here is the sum of money, which are allowed to be recovered by the injured party from the party at fault. Damages is given due to the following reasons:

• The party at fault failed to observe necessary diligence which would have prevented the injury

• There is a direct violation of the injured party’s rights

Among other kinds of damages that are recoverable are the following:

• Loss of earning capacity

• Pain and suffering

• Reasonable medical expenses

• Present and future expected losses

Basically, injury claim laws consist of the aforementioned. But it is not as easy as it seems. When pursuing personal injury claims of whatever kind, bear in mind to always consult with an LA personal injury claim attorney.