A personal injury lawsuit is based on the statutes on negligence wherein the plaintiff claims that he was injured or harmed due to the wrongful act or carelessness of the defendant. In this type of legal undertaking, the defendant, will have to pay the plaintiff of compensatory damages if found guilty of negligence. This is very much different from crime cases, wherein the defendant allegedly committed a wrong against the state and is facing a probable imprisonment and/or a fine if proven at fault.
"Tortfeasors" or the accused in a personal injury trial may have to pay these types of damages:
- reimbursement for the hospital bills and future treatments and rehabilitation
- return of the victim's lost wages
- recoveries for damages to property (if applicable)
- remuneration for pain and suffering
- compensation for mental and emotional distress
- payment for the loss of enjoyment
- reparation for any other losses and expenses brought about by the injury
Nevertheless, the plaintiffs should hire a proficient personal injury trial lawyer who has the competence in handling such cases. That is, if they aspire for a successful case verdict.
Types of Personal Injury cases
Each personal injury cases are unique. They vary greatly on the extent of the carelessness or wrongdoing performed, liability of the defendant and injury inflicted on the victims. However, these cases may be categorized into three:
Intentional
Obviously, this pertains to personal injury cases that resulted from wrongful acts committed intentionally by the accused. Examples of these are battery, threat, trespassing, false imprisonment and even defamation.
Here, the plaintiff has to prove these elements in the trial proceedings in order to win his case: the accused should have deliberately exercised a wrong and such wrong is the obvious reason of the injury.
Negligence
This type of injury lawsuits is based on the failure of the defendant to exercise an action, as a careful person should act in a particular situation. The plaintiff is required to establish these facts to have his case prosper in a trial proceeding:
- The defendant was expected or had a responsibility in providing protection to the victim from any possible harm or danger.
- The defendant failed to respond in his obligation.
- The failure to respond was the immediate cause of the victim's injury.
- The plaintiff incurred damages.
Strict Liability
This theory states that the defendant may be charged regardless of fault and despite the prudence that he has performed in doing his action. Here, the uncertainty on whether the accused has been negligent is immaterial. . Food poisoning, electrocution from defective appliance and car crashes due to a flawed tire are some of its examples.
A plaintiff must be able to show that the product was defective, the flaw caused the injury and the plaintiff suffered injuries and damages.
Our law firm's Personal Injury Trial Lawyers Los Angeles can be trusted with regards to complicated personal injury trial cases. Visit our Los Angeles Lawyers website for more information or for a FREE case evaluation.
