Personal injury law centers on providing justice for individuals harmed physically or mentally due to another party’s negligence or wrongful conduct. When someone suffers an injury because of another's actions or inactions—whether in a car accident, slip and fall, or workplace incident—they may have the right to file a lawsuit or claim against the responsible party. The primary goal of such legal action is to cover the injured party's expenses and losses, including medical bills, lost wages, and pain and suffering. Moreover, personal injury law is vital in holding responsible parties accountable for their actions.
However, navigating the complexities of personal injury law requires specific knowledge and experience, which is why hiring a lawyer is essential. An experienced personal injury attorney can guide you through the legal process, from gathering evidence to negotiating with insurance companies and representing you in court (if necessary).
If you've been injured in an accident in Glendale, it’s essential to understand your rights and options. The Law Offices of Wax & Wax assists clients through every stage of their cases. Please schedule a consultation by calling us at (818) 946-0608.
Characteristic 1: Personal Injury Law Is Based on Grounds
In personal injury law, "grounds" refer to the legal reasons or justifications that form the basis for taking legal action against another party. These grounds are essential as they determine the validity of a personal injury claim and guide the legal process in seeking compensation for the injured party. Three primary grounds underlie most personal injury cases: negligence, strict liability, and intentional actions. Each of these grounds provides a different pathway for holding a defendant accountable for the harm they have caused.
Negligence
Negligence is when a person or entity does not exercise reasonable care, causing harm to another. For example, a driver texting while driving when they caused an accident may be considered negligent. Similarly, a property owner who does not repair a known hazard, leading to a slip and fall, could be liable under negligence.
Strict Liability
In addition to negligence, personal injury law also recognizes strict liability. Under strict liability, individuals or entities can be held responsible for their actions regardless of intent or mental state.
The principle often applies in cases involving defective products or animal attacks. For instance, a manufacturer who produces a faulty product that injures consumers can be strictly liable, as can a dog owner whose pet bites someone, even if the owner took precautions to prevent the attack.
Intentional Acts
Unlike negligence or strict liability, intentional actions involve deliberate conduct that causes harm to another person. In personal injury law, these are known as intentional torts, and they provide grounds for a claim when the defendant's actions are purposeful and result in injury.
One of the most common examples of an intentional tort is battery. Battery is when one person intentionally makes harmful or offensive physical contact with another without consent. For instance, if someone is physically assaulted and suffers injuries as a result, they may have grounds to file a personal injury claim based on battery.
Characteristic 2: Time Limits Apply
Personal injury lawsuits must be filed by the deadline enumerated in the statute of limitations. Generally, you have two years from the date of the injury or one year from the date you discovered the injury to take action.
Filing your case outside of this time frame can result in losing your right to seek compensation, making it crucial to act promptly. Also, delaying your claim makes gathering evidence and building a strong case more challenging.
Note that filing a personal injury claim is not equivalent to suing someone. A claim is typically the first step in seeking compensation and often involves negotiating with insurance companies. Suing someone usually only becomes necessary if a fair settlement cannot be reached through negotiation.
Characteristic 3: Compensation Covers More Than Just Medical Bills
In a personal injury case, compensation can extend beyond covering medical expenses. While medical bills are a significant component, you may also be entitled to recover lost wages if your injury prevents you from working.
Additionally, compensation can include non-economic damages such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Calculating damages in a personal injury case requires considering various factors, including the severity of the injury, the impact on your daily life, and the long-term effects. A lawyer can help you pursue just compensation for your losses.
Characteristic 4: Most Personal Injury Cases Settle Out of Court
Approximately 95% of personal injury cases are settled out of court, allowing both parties to reach an agreement without needing a trial. Settling a case offers several advantages, including a quicker resolution and reduced legal costs. Additionally, settlements can be less stressful for the injured party, as they avoid a trial's uncertainties and potential delays.
However, while settlements are common, it’s important to approach them cautiously. The insurance company might offer a lower settlement than what you deserve. Having an attorney negotiate with the insurer can give you greater confidence as your case progresses.
Your Rights Matter – Take Action Now
Grasping the intricacies of personal injury law empowers you to safeguard your rights and pursue the compensation you deserve. By delving into the nuances of negligence and strict liability and being mindful of the critical timelines set by the statute of limitations, you equip yourself with the essential knowledge needed to navigate the complexities following an injury. This understanding strengthens your position and prepares you to take informed steps toward a just resolution.
Speak to a lawyer to learn more about personal injury law and paths for seeking justice after someone has wronged you.
The Law Offices of Wax & Wax in Glendale is here to assist injured parties. Contact us today at (818) 946-0608 to schedule a consultation.