How the Torts Law Applies in an Accident

By Manuel Salvacion
If you happen to get injured in California, chances are you will need the services of a personal injury lawyer who can help with your case. Personal injury accident cases in California are decided based on the state law on torts.

Torts are civil wrongs accepted by law as grounds for a lawsuit. California state law recognizes three main types of torts: • Intentional torts – intentional accidents which result to injury or damage

• Negligent torts – accidents caused by negligence or recklessness which result to injury and damage

• Strict liability torts – liability for selling and producing defective products

The injury or damages, which often result from these wrongful acts, provide the basis for claim by the injured victims. The primary aim of the tort law is to find relief for the injury and prevent other from committing the same act.

How to Determine Fault in a Personal Injury Case

In any case, proving who is at fault is the crux of most personal injury case. In negligent torts, you have to show how the other party acted recklessly which resulted in harm or injury. Product liability tort does not depend on the degree of caution and safety done by the offending party.

In most personal injury cases, the determination of fault is dependent on two important things: negligence and liability.

In a personal injury case caused by negligent action, you must be able to prove the following:

• The duty owed by the offender’s party to you

• Failure of the other person to honor his promise

• Damages you suffer

• Failure of the offending party which result to harm and injury

In strict liability tort case, you will need to prove the following:

• The product was defective which makes it potentially dangerous

• You used the product as directed

• The defect caused your injury

• you suffered damages from it

Satisfying both the negligence and liability requirements of the case, with support of your evidence materials, may help you prove who is at fault in an accident.

Damages to Injured Parties under the California Laws

Compensatory damages – An award of monetary damages for the injured party for economic and non-economic losses as well as damages sustained for the negligence of another person.

There are two kinds of compensatory damages:

• Economic damages – include lost wages, medical bills, future lost earning potential, and payment for damaged property

• Non-economic damages – include such elements as pain and suffering, loss of lifestyle, loss of consortium, embarrassment, depression, disfigurement, scars, loss of emotional support, etc.

Punitive damages – An award given to the injured party as judgments meant to deter others from the same conduct.

Determining who is at fault in most accident cases may require the skills and experience of a lawyer. Knowledge of the state torts law and how it applies to certain cases will be beneficial to a case. A good, competent lawyer who specializes in personal injury cases can help improve your chances of winning your claim in an accident.

Know how tort law applies to PI cases in California with the competent help of personal injury lawyers California

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