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The different kinds of California Personal Injury Cases
There are different types of personal injury cases that can be filed under California law. The most common type of case arises under the tort theory of negligence. Negligence theory states that every person has a duty to act reasonable so as not to cause injury to others. Where a person acts unreasonably and causes another person harm, the unreasonable actor may be held liable under negligence theory. Negligence is probably the most prevalent type of personal injury case. People act without care and create harmful contact more than they act intentionally to cause harmful contact. It is therefore important to have an overview of the different types of situations that commonly give rise to insurance claims and lawsuits. This way the general public can seek attorney help when they identify these scenarios being inflicted upon themselves.
Automobile Collisions Injury Situations
Probably the most common situation where a personal injury cases arises is when two automobiles collide and an injury results. Under such circumstances, one of the parties is usually "at fault," meaning they did not drive with reasonable care or did not take reasonable care to avoid a collision with another auto. Oftentimes, the person who acted negligently is also in violation of a traffic law. Establishing violation of the motor vehicle code where one of the drivers receives a moving violation ticket can establish the requisite negligent where the moving violation caused the collision. Common law tort rules of the reasonably prudent person standard can also establish the requisite elements to maintain a successful insurance claim or lawsuit against one of the drivers.
In addition to being the most common, automobile collisions and accidents that result in injury can be of the most severe types. This is because cars, trucks, buses and heavy 18 wheelers are extremely heavy and move at rapid velocity. The impact resulting from a collision can be so significant that many are killed. Despite measures to stop traffic accidents and increased safety features of autos, the number of serious injuries and deaths is staggering. If you believe that you or family member has been hurt or killed by the carelessness of someone operating a car, truck or bus, consulting with an auto accident lawyer about a tort insurance claim and lawsuit is recommended. Every case is different and facts must be investigated early on to prove many of these types of lawsuits. Do not delay!
Slip and Fall Incident Injuries
Slip and falls are also occur often in society. A slip and fall is where a person slips and falls to the ground. A similar happening is a trip and fall where a person tripped ona an obstacle and falls to the ground. Sometimes they happen through the carelessness of the person who falls. Other situations involve the negligent maintenance of premises such as a grocery store or hardware store. When someone slips or trips on something and falls, serious injury can and often happens. The severity can range from orthopedic to catastrophic. A slip or trip can cause internal derangement of the knee or a slipped disc in the lower back and/or neck. Any combination of orthopedic conditions can happen when the body suddenly contorts and strikes the ground. Where the head hits the ground, major brain trauma can occur. While slip and falls are not always significant, its important to consult a lawyer if you are injured in an establishment or store. Video surveillance evidence may be attainable early on to show that the place is not adequately kept or that a condition was dangerous. Witnesses need to be tracked down and recorded where they exist. Proving a slip and fall case can be hard due to proving negligent keep of premises. Therefore, get attorney advice as soon after the incident as possible.
Pedestrian Versus Vehicle Injury Scenarios
Another common personal injury scenario involves the pedestrians being struck or run over by a vehicle. Similar to automobile collisions because they involve car, trucks or buses, but in this instance it collides or runs over a person. These types of accidents can be of the most severe and fatal. When a car, truck, bus or any vehicle hits or goes over a person it usually results in serious orthopedic, internal and brain injuries. Immediate emergency medical attention is usually involved to take the victim to the nearest trauma hospital for medical attention. Because the victim is usually paralyzed or unable to contact legal help, it becomes important that family members take the reins and contact a personal injuries lawyer to bring them to the hospital. Lawyers often go to hospitals to visit clients and to consult with possible clients. These consults are free of charge. If your family member is hurt from a pedestrian versus vehicle injury scenario, call our office for immediate assistance and visit.
Large Scale Train Accidents in Greater Los Angeles Area
Large scale train accidents in the greater Los Angeles area happen consistently year in and year out. Whether it be from operator error or from some other negligent act, those who perish or are wounded in a train accident need to seek counsel without delay. Family members need to step up and find a competent group of attorneys to evaluate liability and put in a claim for money damages. If the train itself was negligent, there could be a shortened statute of limitations than a normal negligence lawsuit (normal time to bring a lawsuit is 2 years from the date of the incident with exceptions). Delaying could leave family members without wrongful death rights or leave the wounded without compensation for serious and life-long wounds and poor health.
Offering Free Legal Case Evaluations For Personal Injuries
If any of the above scenarios sound familiar, early contact with a personal injury attorney helps protect your rights.
Napolin Accident Injury Lawyer offers free legal case evaluations and contingency fee billing arrangement for personal injuries to qualifying candidates. Napolin handles a wide variety of personal injuries including catastrophic injuries and wrongful death insurance claims and lawsuits. He serves the courthouses in Orange County, San Bernardino County, Inland Empire, Riverside County, Los Angeles County.