Types of Personal Injury Cases We Take
“Personal injury” is an umbrella term that can apply to a wide variety of cases. Personal injury claims are civil actions, but they can also arise out of criminal cases. For example, the victim of a violent robbery would be able to pursue civil damages against the perpetrator who would also face criminal prosecution from the state. Some of the most common reasons for filing a personal injury claim in California include:
- Car accidents. If another driver caused an accident with your vehicle, he or she is responsible for the resulting damages. In a personal injury case for a car accident, the plaintiff would need to prove that the defendant caused the accident or is at least more liable for the accident than the plaintiff is to recover damages.
- Workplace injuries. Personal injury claims for workplace injuries occur when an employer or supervisor is negligent in the management of the workplace and causes an employee injury.
- Interpersonal violence and intentional torts. If another person injured you in a bar fight, or you sustained injuries during a mugging or a robbery, the state will file criminal charges against the offender. The victims of criminal acts can pursue civil actions against offenders, and the evidence in the criminal case may come into play in the civil action.
- Common carrier accidents. Buses, taxi companies, and other companies that provide transportation to the public as a paid service must abide by common carrier laws. They are liable for any damages their employees cause.
- Defective products. Product manufacturers have a legal obligation to produce safe and effective products that perform as advertised. They must also prevent injuries to end users to a reasonable degree and address product defects as soon as they appear. When a defective product injures a consumer, the victim can pursue a product liability claim against the manufacturer.
Ultimately, there are countless potential causes of personal injury claims. The most important factor in determining whether you have a case is negligence. In legal terms, “negligence” refers to one party’s failure to act with reasonable care in a given situation. When any party injures you or a loved one due to negligence, you need an experienced California personal injury attorney to represent your case in court.
Why Do I Need an Attorney?
While you may think your case is open-and-shut and you could save money by handling your own case, the reality is that the legal system is very complex, and the average person does not have the time or resources to navigate the court’s filing requirements. While representing your own interests in court may seem like a good way to save money on attorneys’ fees, an attorney can provide much more knowledgeable representation and will likely secure more compensation than you could on your own.
Generally, plaintiffs in personal injury cases can secure several types of compensation, which often include:
- Medical expenses. If another party injured you or caused an illness, that party is responsible for your treatment and ongoing medical expenses required to recover.
- Lost income. If an injury from negligence causes you to miss work, you can sue for the wages lost in that time. If an injury prevents you from working in the future, your attorney may consult with a financial expert who can provide the court with an understanding of your lost future earning capacity.
- Property damage. You can sue for the cost of repairing or replacing personal property that a defendant damaged or destroyed.
- Pain and suffering. The court will compensate you for the physical pain, emotional anguish, and psychological distress you experienced due to the defendant’s negligence.
- Punitive damages. If the defendant’s behavior was grossly negligent, intentional, or otherwise indicated a reckless disregard for the safety of others, the jury may award punitive damages to punish the defendant further and discourage similar behavior in the future.
If you believe you have a personal injury claim in California, contact Rafii & Associates, P.C. today to schedule a free consultation with one of our attorneys. We can help you understand your legal rights and let you know what type of compensation you could receive from a successful lawsuit.