California Personal Injury Laws

California personal injury laws deal with lawsuits which are filed, when someone gets injured. Personal injury lawsuits are a result of someone else?s negligence towards another (CA Plaintiff). The negligence of someone else causes the plaintiff to suffer emotional or physical damages, property or economic losses, or other personal damages. General Negligence is broadly defined as someone not exercising prudent care, under circumstances, where a reasonable person, would do so. In order to win a personal injury claim, from the defendant or the negligent party, your CA attorney, must prove that the defendant was actually responsible fro your personal injuries and but for his negligence towards you, you would not have sustained those injuries.



Generally speaking Californian laws governing personal injuries require that people behave reasonably in order to protect others from harm. Legal standards of behavior expect a ?reasonable person? to do his ?duty?, in such a manner, which in no way results in injuries to others, The ?duty? imposed is based on rationality and safety norms, which govern California personal injury laws.



If at all a person proved to act in a manner deemed unsafe and reasonable, then such a persona is considered to have ?breached his duty of due care?, with respect to others, in this case, with respect to the plaintiff, who is injured, primarily due to the plaintiff?s negligence. Once proven the plaintiff is liable to get compensatory damages, which are an award of monetary damages, intended to compensate for economic and non-economic losses, incurred by the plaintiff, due to the negligent act of the defendant. The damages claimed may include, medical bills, lost wages, future lost earning potential, money equal to the damaged property, or medical equipment which may be required in future, to mention a few.





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Atlanta Personal Injury Lawsuits

Many victims of personal injury in Atlanta have been successful in claiming compensation, bringing relief to themselves or their families. A very famous case involved a suit being filed for premises liability wherein the victim of sexual assault received a compensation of 9 million Dollars.



In a landmark judgment of an accident case victim, a construction worker?s family was awarded $5,200,000. A tractor-trailer collided with the construction worker?s truck in an emergency lane along the highway, killing him.



In a product liability case, where the plaintiff?s husband was trapped inside a machine manufactured by the defendant, the plaintiff was awarded $7.6 million on the grounds that the machinery was defective.



The collision between two Norfolk Southern trains in Sugar Valley, Georgia, caused the death of one Mr. Forrister. The railroad authorities were ordered to pay a compensation of $1.9 million to the family of the victim.



In the trucking case of Lawler v. Cresco Lines and Georgia Pipe, a jury awarded over $1.7 million to Mr. Lawler?s parents. John Lawler was killed on his way home from work when a truck driver lost control of his rig and ran into the footing of an overhead sign, which fell on Mr. Lawler?s vehicle.



A famous premise liability case, Carroll v. Atlanta Fulton County Zoo, involved Beverly Carroll who was seriously injured when she fell on a portion of uneven pavement at the Atlanta Fulton County Zoo. A jury awarded Mrs. Carroll a settlement of $400,000.



In the case of McLendon v. Center for Videoscopic and Laser Surgery, Inc., Dr. Champion, et al, Mary McLendon?s family received a compensation of $2 million as a result of medical malpractice. Mary McLendon underwent laparoscopic surgery to correct a narrowing of the passage in her stomach. Dr. Champion negligently performed the surgery, causing the surgical site to become septic and die approximately two weeks after the surgery.



A good attorney would usually advise his clients whether filing a suit or an out of court settlement would serve the latter?s interest best in a personal injury situation.





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