Synopsis on Personal Injury Law in Los Angeles

What is Personal Injury?

Personal Injury is an actual damage or harm suffered by an individual. It may arise through his own fault or through the fault and negligence of another individual.

What is Negligence?

There is negligence when a person does an act or fails to do an act, which is required of him to do or not to do; and as a result, damage or injury is caused to another person or to another person’s property.

How to determine negligence?

There is negligence when a person causing injury to another person or to another’s property failed to meet that degree of care and caution that is required of him by law.

Generally, a person is required to observe ordinary care and prudence in everything he or she does. If he or she failed to observe that degree of care, then he or she shall be liable for negligence.

What is Tort?

Tort is that branch of law, which defines and penalizes civil wrongs resulting from a person’s negligence or willful disregard of his civil duties. It is that branch of law, which punishes a tortfeasor for the injury or damage done to another person and there exists no contractual obligation between the two.

It may be intentional or unintentional.

Personal Injury is an actionable wrong. A victim of a tort or negligence of another may seek for damages or compensation from the perpetrator.

However, in order for his or her claim to prosper, the concurrence of the following essential elements is needed:

1. The Tortfeasor has a duty to act with precaution – law and morality requires everyone to act with the necessary care and caution when performing an action; otherwise, he may be sued for negligence.


2. There is a Violation of Duty – there is a violation of duty when a person causes personal injury to another due to his willful disregard or unintentional omission of the law and the interest of others. Because of his negligence or recklessness, he or she violated his or her duty of observing ordinary care and caution while performing an action.


3. Causation – law requires that the violation of duty or the wrong performed by the perpetrator is the sole and proximate cause of the injury suffered by the victim. There must be a necessary connection between the act or omission of the tortfeasor and the personal injury on the part of the victim.
   

   If there is an intervening cause or another act or event, separate and distinct from the act or omission of the tortfeasor, then he may not be liable or his punishment may be mitigated. Such intervening acts may be:

   • Fortuitous events or Acts of God;
   
   
   • Acts of Man which cannot be avoided; or
   
   
   • Contributory Negligence of the Victim.
   
   
4. Damages – before the victim could claim for reimbursement or compensation from the perpetrator, he must sufficiently show that he or she acquired or sustained damage and injury, because of the latter’s wrong. Otherwise, his or her claim cannot prosper. An injured person may seek:
   
   
   • Physical or actual damages;
   
   
   • Moral Damages;
   
   
   • Exemplary Damages;
   
   
   • Others allowed by law.