PERSONAL INJURY 

PERSONAL INJURY AND WRONGFUL DEATH LAWSUITS

In the year 1466, in Merry Old England, an attorney argued to the King's Bench, saying: "In my opinion if a man does a thing he is bound to do it in such a manner that by his deed no injury or damage is inflicted upon others." The attorney, Brian was his name, could make the same argument in our courts today.

Today, our courts hear an incredibly wide-range of personal injury and wrongful death cases, from simple rear-end automobile accident claims, to complex toxic chemical contamination cases involving hundreds of sick and injured persons. A single concept is shared by all of these cases: We all have the responsibility to act with ordinary care to avoid injuring others. 

This page will give an overview of the kinds of personal injury cases handled by attorneys in California and issues that we should keep in mind. By no means is this list exhaustive. Everyday, attorneys that represent the injured are making new arguments in court seeking just compensation for their clients. 

 

AUTOMOBILE ACCIDENTS AND UNINSURED MOTORIST CLAIMS

Everyday, virtually all of us operate a machine of incredible destructive power: the modern automobile. For this reason, we all have the responsibility to obey the written and unwritten rules of the road - we must use reasonable care in the operation of our cars. When we do not and somebody gets hurt, the law make us responsible to fairly compensate the injured. 

Automobile insurance is absolutely essential. Automobile insurance pays for attorneys to defend us and pays the monetary compensation owed because of our negligence. 

What happens when we are injured by somebody that does not have insurance or does not have enough insurance? The number of -uninsured motorists that illegally drive without auto insurance is disturbingly high. Also, many drivers carry the bare minimum of insurance coverage. These underinsured motorists often do not have enough insurance to fully compensate the people that they injure. The answer is that in such circumstances, we must turn to the Uninsured/Underinsured motorist coverage that we should carry. 
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WORKPLACE INJURY LAWSUITS

Most Californians know that if they get hurt on the job they are entitled to receive workers' compensation benefits. What many Californians don't know is that an injured worker cannot sue their employer, in civil court, for an on-the-job injury. 

However, if a worker's accident was caused by a person or company, other than a co-worker, a lawsuit may be brought in civil court for monetary compensation in addition to workers' compensation benefits. For instance, if a UPS driver delivering packages was hit by a car that ran a red light, the driver would be entitled to make a workers' compensation claim. In addition, a civil lawsuit for damages may also be filed, in Superior Court, against the driver that ran the red light.

 

TOXIC CHEMICAL EXPOSURE LAWSUITS

Sadly, the threat that toxic chemicals and compounds pose to our environment often present a more personal risk: to our very lives and well-being. The air we breath, the water we drink, the food we eat, things that we touch - all present ways to be exposed to toxic chemicals. However the exposure occurs, the effects can be devastating: severe permanent illness or death. 

A person or business cannot release toxic chemicals into our environment and expose people to their effects. So when companies dump cancer causing agents onto the ground that leach into our drinking water, they are responsible for the illness, death, loss of property value and other damages that are brought on by their conduct. People in the workplace often find themselves being exposed to toxic substances, for example: breathing in asbestos laced dust; or having hands and arms soaked with cancer causing oils and cleaning agents. Worse, workers often innocently bring home those same toxic agents in their clothes, exposing their families. In these instances the law holds businesses liable for the breach of the responsibility they owe us all.

 

REMEDIES IN PERSONAL INJURY AND WRONGFUL DEATH CASES:

In most cases, the goal in personal injury and wrongful death cases is to provide money compensation to the people that have been injured by the wrongful conduct of another. Usually, the goal is compensation, not retribution. A person that has been injured can be compensated for both the economic and non-economic losses they suffer. The heirs of a person that has been killed may seek to be compensated for the loss of the care, comfort and society that a loved one provides as well as for the loss of the economic contribution that the decedent provided.

In a rare case, under very limited circumstances, the law will economically punish a person or business that causes an injury, by requiring the payment of punitive damages".

 

STATUTES OF LIMITATIONS

A statute of limitations is a time period that is established by law for filing a lawsuit. Virtually all kinds of civil lawsuits have a statute of limitations set by California law. If a lawsuit is not filed within the time period set by the statute of limitations, the lawsuit will be barred, it will be dismissed by the court. For the majority of personal injury and wrongful death cases, the California statute of limitations is two years. However, there are many different time limitations controlling the time in which you must file different types of legal claims and suits. Some of these time limits are six months or shorter! Therefore, it is important to contact a lawyer quickly if you believe you may want to file a claim or lawsuit.


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