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Because of the increase of untoward incidents resulting to various personal injuries and deaths in California, it is definitely important for its residents to have at least some basic information on how to handle these occurrences.
Primarily, all major personal injury statutes in California are based on the principle of "torts". A tort then is any action or failure to act accordingly that resulted to harm or affliction to other parties for which the prevailing laws guarantee remedies.
Personal injury law encompasses different cases. Among them are:
Inflicting physical and/or emotional pain to others
Destructing other individual's property or good reputation in any manner
Unreasonably denying a person of his right to liberty or freedom
A tort is certainly different from a crime. While a criminal offense is considered as a "wrong against the society or state" and is penalized by imprisonment or fines, a tort is strictly defined as a "civil wrong" that oblige the "torteasor" (party who initiates a tort) to remunerate the victim.
This is what the tort law prescribes - the liable parties must suitably reimburse injured people for their suffering. It is then the right of the victims to initiate an actual filing of a personal injury claim in order to recover damages from the "tortfeasor."
Types of Personal Injury Cases
Intentional Torts - as its name imply; these wrongful acts are based on intentional performances. One particular example of these actions is battery, which may be defined as the deliberate manner of the defendant in hitting his victim. Other cases include physical assault, unjust imprisonment, trespassing and character defamation.
Negligent Torts - Negligent or imprudent actions sometimes result in undue damages to other people. Thus, the law provides that any these negligent behaviors, when accidentally inflict harm to others, should be dealt with accordingly.
Strict Liability - Unlike the two other types, this legal concept does not depend on the fault. Hence, the issue on how negligent the "tortfeasor" is will not be relevant. This theory focuses on the liability of the defendant in the manner wherein the victim has incurred damages.
Obtaining professional Assistance
Due to the aforementioned information regarding the Tort Law, no wonder why many of the injured victims find it hard to pursue such cases.
Yet, in filing these types of claims, the victims of any tort offense may hire their California personal injury attorneys in order to have better chances of having a successful case result. Appointing a credible legal counsel with a vast knowledge in handling personal injury litigations will surely make the filing much easier.
In addition, a California personal injury attorney can ensure his client that all his available rights will be completely observed. Thus, this will give him equal opportunity in seeking for justice.
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