PROLOGUE

Everyday, people from all walks of life are always at the risk of getting into certain accidents. More often than not, other people or groups of people are associated and can be held accountable with the accidents that occur. It may be due to their associations at work, in the school or at a given community.

Accidents are common cause of personal injuries, which may range from trivial to critical, depending on how the damage was sustained physically, mentally or emotionally.

Personal Injury Law - Tort Law

Personal injury law or commonly, tort law, recognizes the civil wrongs inflicted to an injured party, thus giving him grounds for a lawsuit, as long as he could constitute a basis to claim for such. Some torts are crimes punishable with imprisonment, but the primary aim of tort law is to provide relief for the damages incurred and prevent its recurrence which may further harm others.

Furthermore, personal injuries fall into three general categories:

Intentional torts
Negligent torts
Strict liability torts


Additionally, there are also specific torts, like assault, battery, trespass, negligence, products liability, and intentional infliction of emotional distress.

The three general categories of the tort law draws out the theory for each separate case being filed by an injured party.


Maximize Your Compensation: Selecting the California Personal Injury Attorney That's right for YOU

If you have been involved in a personal injury, you now have the right to make a claim. Living a state like California entitles you to get compensation for your personal injury regardless of the nature of that personal injury. The best and most practical approach you can take to get the type of personal injury compensation due to you is to find a legitimate California personal injury attorney. This type of attorney knows what you have to do in order to make your rights as a resident of California work for you. A California personal injury attorney will give you the type of advice you need to ensure that your legal personal injury rights are preserved.

You should start out by searching for a attorneys who provide free consultation and meeting with a handful of them to determine what type of compensation you will receive and how much they will charge you for legal services.

You should always be prompt in filing your suit. Many people make the mistake of delaying their legal actions, which results in a weak case. Neglecting the law suit also reduces the chances of getting a huge sum as compensation. You should be logical, practical and quick at taking the advice from various attorneys. A fast decision is the key to a strong case.

Finally, after you have met with all the prospective attorneys on your list, you will need to choose the one who best understands your unique needs. Please do not put this matter off until "some other time." Many people have lost out because they waited too long! Call a California personal injury attorney for a basic consultation¡Kand do it TODAY.

Article Source: http://www.legalinfoarticles.com

For more articles by Aretha Singh, visit First Compensation, and Reef Attorney. Both have some great resources on compensation and legal issues.You can get a unique content version of this article.

Personal Injury Claims In Los Angeles

If you were a personal injury victim in Los Angeles who wants to file your claims, it would be best to take the services of an experienced lawyer who can best represent you in the negotiations.

For a personal injury victim, pursuing a claim will take more than just patience and perseverance. It will require knowledge of the present personal injury law and legal practices to achieve favorable results in a claim.

In filing personal injury claims, a lawyer will need the cooperation of his client to produce the necessary documents in the case. The police and medical report, photos, sketches, and testimonies of witness are material documents to build a strong case in a compensation claim.

And who can understand the system better than those who are more familiar with it. Personal injury lawyers are lawyers who specialize in filing cases and negotiating claims for victims of personal injuries and general negligence arising from vehicle accidents, animal attacks slip and fall accidents, medical malpractice accidents, spinal cord injuries, brain injury, premise liability, product liability, general negligence, product liability, worker’s compensation claims, construction liability and dog bites.


In Los Angeles, there are lawyers of reputable law firms who attend exclusively to personal injury claims. They are expert lawyers who have spent years in negotiations and litigations. Personal injury lawyers in Los Angeles have proven track record in claims and litigation. They can help clients build a strong case and represent them in their claims. Personal injury lawyers work under a contingency, which means they do not receive payment for their legal services until the case is won or the claim has been awarded.

Personal injury claims and compensation awards are calculated based on the seriousness of the injuries and the extent of damage or loss. A value of a claim can also be determined by such emotional experience as anguish and suffering, sleeplessness, stress, etc.


In most personal injury and general negligence claims, the plaintiff has only two options to take. Under the law, the guilty party can either pay damages to the victim or be given punitive action for his negligence.

In a negotiation for claim, the victim - through his lawyer – makes a demand, expressing the amount for the indemnity of his injury or loss. If the insurance company agrees to the terms and conditions of the victim, a settlement will be reached and compensation will be made to the victim.

However, when negotiations for settlement fail, the personal injury lawyer has no other recourse but to seek relief in the court and find the legal remedy to compensate the victim.

The Grounds in Filing a Personal Injury Claim

The “Tort Law”

The “Tort Law” covers all personal injury claims filed in either the insurance companies or the civil courts. It serves as the main and standard basis on how should a case be given verdict. Understanding its provisions, however, can be complicated on the part of the petitioners or the claimants victimized by the various types of misconduct. Hence, most of them made the right decision of appointing their own and trusted personal injury lawyer to assist them in pursuing their claim cases. Doing this move certainly increases their chances of having a successful claim case. However, it is very much important to determine on which category their cases fall before filing it accordingly.

This article discusses the two major categories of personal injury litigation, negligence and intentional acts. This might as well guide the injured victims on what track should they follow in the attainment of their goals of upholding their rights.

Negligence

Negligence is the most common grounds for personal injury cases. This happens when an individual fails to exercise cautiousness in performing his or her duties resulting to unintended harm or injury to other people. In order to prosper and subsequently prevail in negligence cases, the injured victims must then prove these four elements:

  • The accused has the obligation to provide them rational care or standard medical treatment for health care providers
  • The accused has defied the accepted manner of exercising their duties.
  • Their injuries have resulted from such defiance.
  • Their injuries are logically probable to cause harm to them.
To sight a clear example, a bus driver has the obligation to secure the safety of passengers and to maintain his control to the bus at all times. Any mistake or carelessness may result in tragic accidents causing severe injuries to the passengers or any other people on the road. Then, if this scenario happens, the injured victims have their strong points of arguments that the bus driver who performs such neglectful acts is legally liable and should pay monetary damages to cover their physical injuries and all other expenses that may come along with it.

Usually, negligence cases include vehicular accidents, medical malpractice, animal attacks and “slip and fall” among others.


Intentional Acts

In contrary to negligence, intentional torts are wrongful actions done deliberately which cause harm or injuries to other people. However, the injured victims will have a hard time using this line of reasoning in pursuing a personal injury claim. This is because intentional wrongful acts are not guaranteed by most policies of the insurance companies. Nevertheless, intentional acts may be used as bases for civil or criminal offenses. Assault and battery, character defamation and child abuse are some of the considered intentional acts.


How to Reduce a Lawyer’s Service Cost

You might be wondering why many legal professionals still charge their clients with excessive fees despite the tremendous competition in the legal business. Maybe, this scenario happens due to the different levels of expertise that these lawyers have. More so, they tend to charge their clients depending on the difficulty of the case. This means, the harder the case, the more expensive professional fees that a lawyer will charge.

If in case, you have been involved in an accident perhaps and you want to hire a lawyer to defend your case, consider following these tips in order to cut down your legal expenses:

Learn how to negotiate with a lawyer effectively – although some legal practitioners do not allow any negotiations regarding their fees, letting him know about your limited financial resources without making him feel that you are bargaining can be effective in convincing him to lessen the cost.

Examine your case – studying the basic principles of your case is very much important. Some legal cases and procedures should not be relied fully upon a lawyer. You may help your legal counsel in some legal tasks necessary to pursue your case. These are gathering documents, calling some witnesses to testify for you and many others. This may speed up the resolution of your case as well as lessen the hours your lawyer has served you.

Ask your lawyer about the possibility of entering into settlement negotiations with the other party – If you think that your case may be settled outside a court trial then you should consider telling your lawyer to negotiate with the defendant. This is usually done to ease the burden of going through the long process. Negotiations generally apply in legal cases such as personal injury claims, wrongful deaths, insurance matters and employment disputes among others.

Make sure that you are getting the right legal services – Lawyers have their own areas of specialties and not all of them may be effective in handling your particular case. Thus, you should choose a legal defender who has a notable capability and record of achievements in handling cases like what you are into. Closely examine his background and other pertinent skills and associations. An ineffective lawyer may just cause you in going through longer litigation process and even losing your case.

Determine the manner of paying your lawyer’s fees – Nowadays; it is much favorable to find lawyers who offer their services on a contingent basis. This means that their clients will only be charged if their cases have won. With this manner of payment, you will not have to worry on where to get your money to pay your lawyer’s fee if you lose your case.