California Personal Injury Law
Attorney for Accident & Injury Victims in Palm Springs
In California, personal injury law is based upon "torts." A tort is essentially a civil wrongdoing, a wrongful act that a person commits and for which an injured party may seek damages. Personal injury is covered under civil law and cases of this nature are handled in civil court, where the only penalties that can be enforced are monetary in nature (as opposed to criminal court, where a conviction may result in imprisonment). The basic purpose of personal injury law is to offer those who have been injured by another's wrongdoing the opportunity to be compensated by the party or parties responsible for their injuries. This compensation may include money for medical care, financial losses, physical pain, emotional trauma, loss of enjoyment of life, loss of earnings or earning potential, and possibly more.
There are three basic grounds for personal injury claims in Palm Springs, California:
- Intentional wrongdoing
- Strict liability
In cases involving negligence, the defendant (the person against whom a claim is brought) would have had an obligation to act in a certain manner or to act with a reasonable level of caution or care. An example of this may be a driver who is driving drunk and causes an car accident. This is a personal injury claim involving negligence.
Intentional wrongdoing involves acts committed intentionally and usually for the purpose of causing harm. For example, a person who was physically assaulted by another may be able to file a civil suit against his or her assailant. The offender would face criminal charges and legal action in civil court.
Strict liability is an area of personal injury law that involves individuals or companies who can be held strictly liable - that is, even if they were not negligent or did not intentionally commit the action they may still face legal action. A common example in California may be that involving a dog bite. The dog owner will be held strictly liable unless the dog was provoked or the victim was trespassing or committing a crime.
Contact a Palm Springs Personal Injury Lawyer
If you are interested in learning more about personal injury law and how an experienced attorney can help you with your case, contact a Palm Springs personal injury lawyer at Cohn & Swartzon today!