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Personal Injury
Elements of Negligence Under California Personal Injury Law
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Personal Injury

Personal InjuryThe Law offices of Bita Hamidi also has as part of our practice Personal Injury Attorneys serving Orange County, Los Angeles, San Diego, Riverside, San Bernardino, and the Inland Empire all over Southern California. One of our staff experienced in personal injury cases is ready to answer your questions regarding an auto accident, dog bite, bicycle or motorcycle accident, and help you through the maze of doctors and insurance issues that are typically part of a personal injury lawsuit. Our firm has experience in settling and trying personal injury cases, and we are on call for you 7 days a week to assist you.

Personal injury lawsuits in California are the result of someone's negligence toward another, causing the person asserting the claim to suffer emotional or physical injuries, property or economic losses, such as medical bills, or other damages stemming from a bodily injury. General negligence is defined as not exercising prudent care, under circumstances where a reasonable person would do so. In order to prevail in a California personal injury case, an attorney must prove negligence, that is to say, that the defendant (negligent party) was responsible for your personal injuries, and that, but for his negligence towards you, you would not have been injured.

Elements of Negligence Under California Personal Injury Law:

Duty, Breach of Duty, Causation giving rise to awardable personal injury damages.

In general, California laws governing negligence and personal injuries require that people behave reasonably in order to protect others from harm. Legal standards of behavior are expressed as what a reasonable person in the community would do under similar circumstances. This "duty" imposed is based on rationality and safety.

If a person (defendant) acts unsafely, or fails to act in a manner deemed safe and reasonable, then he may be considered to have "breached his duty of due care" to others, specifically to the California personal injury plaintiff who was injured.

If the defendant's breach of duty causes injury to the plaintiff then he may be held liable for all damages to the personal injury plaintiff caused by his breach of duty.

Damages Available To Injured Parties Under California Personal Injury and California Negligence Laws:

Compensatory and Punitive:

Compensatory damages are an award of monetary damages intended to compensate a plaintiff or injured party for economic and non-economic losses and damages sustained due to the malfeasance of the defendant. Economic damages include such things as medical bills or expenses past, present and future, lost wages and future lost earning potential, and money for damaged or destroyed property, or medical equipment needed in the future. Non-economic damages include such elements as pain and suffering, loss of lifestyle, loss of consortium, embarrassment, depression, disfigurement, scars, loss of emotional support, society and companionship.

Punitive damages or exemplary damages in a California personal injury lawsuit are awarded to the California personal injury claim plaintiff to punish a party defendant who committed a wanton, reckless, malicious or wrongful act causing personal injuries and losses. Punitive, or punitive damages awarded in California personal injury lawsuits' judgments are also meant to deter others from the same conduct.

We can handle your claim:

Some of the most common types of claims handled by the Personal Injury Department of our law firm include traffic accidents and motorized vehicle collisions of all kinds, including auto accidents, truck accidents, bus accidents, motorcycle accidents, car accidents, plane crashes, airline and aviation accidents. We also handle premises liability claims including pedestrian accidents, slip and fall and trip and fall injuries, dog bites and animal attacks, and other dangerous conditions of premises cases. We have handled injuries including back injuries, carpal tunnel syndrome, neck injuries, spinal cord injuries, knee injuries and all other orthopedic injuries. We handle all other very serious personal injury matters including wrongful death, spinal cord injury cases, brain injuries and birth trauma injuries and cerebral palsy lawsuits.