Friday, November 7, 2008

California Personal Injury Law: A Crash Course

What legal options are available for California residents who have been injured in an accident? Well, if the accident was the result of another person’s negligence, it could be classified as a personal injury. If that’s the case, the person could seek the help of a California personal injury lawyer. They would proceed to sue the party responsible for the injury.

However, before you make any moves, you should have a basic knowledge of how personal injury works under California law. That way, there won’t be any surprises or false expectations when you consult with a personal injury lawyer.

With that being said, how exactly does California personal injury law work? Basically, it is classified as a “tort.” Torts are matters where a civil wrong has occurred. As a result, justice takes the form of monetary compensation. Jail time and other punishments are not applicable because torts do not deal with criminal responsibility.

Yet, be aware that there are torts that could involve criminal action. Intentional torts are an example. With these torts, the defendant harmed the plaintiff on purpose. Battery and libel are a couple of examples. Either way, retribution is still the same… monetary compensation. Jail time is only given if the state determines a crime has occurred. And even then, the case is completely separate from the personal injury lawsuit.

To better understand this type of tort, think back to the OJ Simpson case. Although he was acquitted of the murder of Nicole Brown and Ron Goldman, he was found to be civilly responsible. Retribution was given through a settlement.

Speaking of settlements, many personal injury cases are won outside of court. Why? Usually the other party doesn’t want to deal with the stress of a trial. Major corporations don’t like risking bad publicity for their business. For them, taking care of things in a meeting room is just so much easier. It also works out for the plaintiff, especially if they aren’t good in courtrooms or if they were partially responsible for the accident. All of these things can hinder the impressions of the judge or the jury.

So, there you have it. You now possess a basic knowledge of California personal injury law. Use this knowledge to determine whether or not you have a definitive personal injury case. If you do, schedule an appointment with the nearest California personal injury lawyer. Since many consultations are free, you have nothing to lose either way.

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