In California, what personal injuries are considered torts?

First of all, a tort, which is a legal term, refers to a wrongful act wherein an injured party may recover damages and in the State of California, numerous types of injuries constitute torts. Generally, tort injuries happen due to someone’s negligence.

Intentional torts include intentional conduct which is reasonably foreseeable to cause harm to an individual and in fact does cause harm. They include torts against a person and property. Torts against person include assault, battery, false imprisonment, intentional infliction of emotional distress, and fraud. Generally, the causes for personal injuries may include car accidents, truck accidents, and other motor vehicle accidents, malpractice (e.g., medical and professional), slip and falls, and defective products.

Property torts involve any intentional interference with the property rights of the claimant. Commonly recognized property torts include trespass to chattels (i.e., personal property), trespass to land, and conversion.

Back to the Top

What constitutes negligence?

The important question in personal injury cases is just how a “reasonable person" was expected to act in the circumstances which ultimately caused the injury. Generally, negligence happens when there is a failure to use ordinary or reasonable care. Reasonable care is the type of care in which a reasonably prudent person would use in a similar situation so to avoid harm or injury. In order to be legally liable for negligence a person: (i) must owe a duty of care to the injured party; (ii) must have breached the duty of care; (iii) must cause harm to the injured party; and (iv) must cause damages to the injured party. Usually, the question of whether a person has met the "ordinary reasonable person" standard is resolved by a jury subsequent to the presentation of evidence and argument in a court trial.

Back to the Top

What type of compensation may the injury party claim for his/her personal injuries?

Generally, victims of personal injury can recover damages for all losses and expenses they incur because of the wrongful conduct (i.e., tort) which includes medical bills, lost wages, including overtime, pain and suffering, physical and/or mental disability, disfigurement and permanent scars, emotional trauma, loss of enjoyment, loss of consortium (i.e., love and affection from husband or wife), and other personal expenses related to the injury.

Back to the Top

In California, is there a set minimum settlement amount for a personal injury case?

In California, there is neither a minimum nor a maximum settlement amount in personal injury cases. Generally, the amount of settlement is dependent upon numerous factors, including, but not limited to, nature and extent of the injury, the amount of monetary damages, and the time the injury and its side effects are anticipated to continue.

Back to the Top

In California, who is liable for damages caused by a dog bite?

Generally, the dog's owner is legally liable towards the victim for the bites which take place at the dog owner's property, regardless of the dog's nature.

Back to the Top

How does someone know if he/she has a personal injury case?

Initially, the injured party or claimant should have suffered an injury to his/her person or property. Thereafter, the injury party should determine whether his/her injury was someone else's fault.

Please note that it is not required to sustain physical injury to bring a personal injury action. A number of personal injury claims can be established on various types of non-physical losses and/or harms. For example, in assault cases the claimant need not prove that a person's action caused him/her actual physical harm, but only that the injured party reasonably expected some form of harm to come as a result of that person’s conduct. Also, one may have a case if someone has attacked his/her reputation, invaded his/her privacy, or inflicted emotional distress upon him/her.

Back to the Top

In California, who is generally responsible for a victim’s slip and fall injury?

Generally, the owners and/or occupants of residential, business, or governmental properties are legally responsible for the injuries which take place on their premises because of the negligence or lack of proper maintenance.

Also, the legal responsibility in a slip and fall is dependent upon the specific facts and circumstances of each case. Sometimes, the premise’s owner may be legally responsible. However, in other circumstances the tenant and/or occupant may be legally responsible; or even the injured party/visitor may be legally responsible for his own injuries in specific situations.

Back to the Top

What is the time limit to file a lawsuit after someone is injured?

Generally, every state or jurisdiction has specific time limits (also referred to as "statute of limitations"), which regulate the amount of time an injured party has to file a lawsuit. In some jurisdictions, the claimant may only have two years to file a lawsuit which arose from an automobile accident but the deadline varies from state to state. So, if you miss the cut-off date for filing your legal action you may lose your right to seek damages for injuries. Thus, it is crucial to discuss your case with a knowledgeable attorney as soon as you begin to suffer or discover the injury.

Back to the Top

What happens when the injured party passes away prior to filing his/her lawsuit?

Generally, the answer is dependent upon whether the injured party died as a consequence of the injuries from the accident or from other causes. If the injured party subsequently dies because of the injuries caused in the accident, his/her heirs may be able to obtain money through a wrongful death cause of action. In addition, if the claimant passes away from other causes, the personal injury claim may survive and can be filed by the estate executor or the deceased person’s legal representative.

Back to the Top

What happens if the injured party is not able to prove someone's negligence?

Generally, there is another basis for personal injury liability besides negligence which is called “strict liability.” Under this legal theory, individuals or entities can be held strictly liable for their conduct wherein it causes harm, even if they did not act in a negligent manner or with wrongful intent.

For example, a person injured by a defective or unexpectedly dangerous product is able to recover from the manufacturer, seller, or distributor of a product without having to show they were actually negligent. In addition, individuals or entities which utilize explosives, store dangerous substances, or keep dangerous animals can be strictly liable for the harm caused to third parties (i.e., a person) as a consequence of their activities.

Back to the Top