What is a Personal Injury?
In the eyes of the law, when a person suffers a personal injury, he or she has suffered physical damage to their body as a result of the intentional act or the carelessness and negligence of somebody else. On occasion, a person claiming personal injury might also suffer psychological damage.What is "Negligence"?
To prove negligence, the claimant must prove all of the following elements:- That the opposing party owed the claimant a duty of care.
- The opposing party breached that duty.
- The breach of that duty caused the accident and the claimant's injuries.
- The accident was the proximate cause of the claimant's injuries.
- The claimant suffered legally recognized damages.
What are "Damages" in a Personal Injury Case?
Should a claimant be able to prove all of the elements of negligence, he or she is allowed to seek an award of damages. Some of the damages that California law allows to be awarded include the following:- Past and future medical bills and lost earnings in connection with the accident.
- Any permanent disfigurement.
- Any permanent disability.
- Pain and suffering.
- Loss of a normal life.
- Other substantial damages in the event of a wrongful death.