Personal Injury Lawyer‘s – Accidents and Injuries
When it comes to Personal Injury Lawyer‘s and legal claims, there exists a plethora of legal concepts and principles available to people who want to sue you. The main trifecta of categories of concepts and principles used in PI (aka: personal injury) law are:
- standard negligence lawsuits: such as in the case of car accidents, slips and falls, trip and falls.
- intentional lawsuits: such as in the case of assault and battery
- strict liability cases: such as in the case of nuisances, various dog and animal attacks.
Below I shall attempt to explain the key legal concepts and principles of “negligence” in the context of personal injury law.
Key legal concepts of personal injury law and you
In general, personal injury legal claims are based in the concepts and principles of willful or passive negligent action. Sometimes when individuals and other entities are going about the normal process of life they can make really dumb mistakes and errors in judgement which can be tantamount to negligence in the first degree. In a large majority of instances, negligence causes other people to suffer injuries which can precipitate a loss or losses, as well pain and discomfort (aka: suffering) which should be paid for by someone. Generally, the people responsible for the incident of negligence have all necessary insurance in order to cover the damage caused by the actions of negligence on the entity or person(s) which caused the accident in the first place. The general categories of insurance can include general liability agreements, commercial liability agreements, municipal liability insurance, homeowner’s liability agreements, tenant’s liability agreements and so in which all cover various and sundry insurance accident cases. At some point Accident Attorneys swoop in and takeover.
In instances where the actions were voluntarily or deliberately caused, such as violent actions willfully committed against another person insurance might not, as a matter of policy, cover the losses associated circling around those willful acts. In cases of severe liability such as a dog attack or a nuisance-complaint, the utmost caution must be undertaken to review the agreements of insurance available as not all agreements cover damages and losses necessitated by severe liability cases.
In negligence claims, the allegations revolve around the correlation of the entities involved. When one entity owes it to another entity to take reasonable safety precautions and then does not take said precautions, there may liability for any loss and damage endured as a result. For example, you have a home or business and you are aware that different persons walk across your home or business from time to time (mail person, friends, family etc…); you are aware of black ice causing a possible hazard accumulating in your various throughways (such as: driveways and walkways); you undertake no actions to remove the black ice causing a possible hazard; someone visits your home or business, falls and busts their ass. As a result, you get your ass sued off. By way of analysis of that happy little scenario, your duty is to keep your home or business reasonably safe, i.e. to take reasonable steps to remove the black ice causing possible lawsuits, failing to do this is considered a breach of duty and since the injury was caused by the direct breach your duty owed, lawsuits follow.
There are many different ways to defend one’s person when someone tries to sue you. Make sure and arm yourself with the proper knowledge so you can sue them back! If you need to sue someone contact Nadrich & Cohen, LLP, a fantastic law firm with offices all over California.