The Stages On Filing A Personal Injury Claim (Part I) Article

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The Stages on Filing a Personal Injury Claim (Part I)

Introduction - The California law comprehensively defines matters involving personal injuries incurred due to the misconduct of other parties. However, not all injured victims succeed in acquiring justice from their misfortunes and sufferings.

Author: Rainier Policarpio

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Introduction

The California law comprehensively defines matters involving personal injuries incurred due to the misconduct of other parties. However, not all injured victims succeed in acquiring justice from their misfortunes and sufferings. Some of them do not even know the basic principles of law that are very vital in achieving justice and obtaining fitting recoveries. Thus, this article aims to aid those poor victims and make them realize the proper steps to undergo if they wish to file their personal injury claims.

The Tort Law

To understand how to get along with your personal injury problem better, it would be better to know what is the meaning of “tort law” and what statutes does it imply.

Torts are defined as civil wrongs or unsafe actions or failure to perform acts, which an upright individual normally does in a certain situation. Moreover, these wrongs bring injuries or harms to people or entities that make it as bases for claim suits filed by the injured parties. Although, in some cases, these crimes can be considered as grounds for imprisonment, the tort law focuses more on providing the victims with just compensations for their injuries and preventing others from engaging into the same harmful deeds.

There are three general categories under the tort law:

• Intentional tort – These are wrongful acts committed intentionally that resulted to injuries of the victim. Examples of this type are battery, assault, trespassing and defamation among many others.

In pursuing a lawsuit based on this basis, the plaintiff’s trial attorney must be able to confirm that the accused willfully or deliberately exercised his wrongdoing. In addition, it must be established that the intentional action is indeed the cause of the victim’s injury.

• Negligent torts – Negligence, on the other hand, is actually the major cause of filing a personal injury claim. It is deemed to be as a person or party’s carelessness or failure to act in a manner that a prudent or cautious individual normally does.

The plaintiff is required to show the following in order to incriminate a defendant based on negligence:
- the accused has an obligation to follow a standard manner of ensuring the protection of the victim from danger
- the accused failed to comply with his obligation
- the accused’ incompliance was the “proximate cause” of the victim’s injury
- the plaintiff suffered damages

• Strict Liability – this theory asserts that a defendant has his liability regardless of fault. This means that it can be held responsible for the plaintiff’s injury despite the degree of care he has exercised. This law provision is commonly used in product liability litigations wherein the plaintiff was injured because of utilizing a defective product.

To make use of this statute, the plaintiff must establish these three basic factors:

- there is an innate defect on the product
- the product defect was the “proximate cause” of the victim’s injuries
- the plaintiff suffered damages

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The Stages on Filing a Personal Injury Claim (Part I)