Common Kinds of Personal Injury Cases
Car accidents are the most common personal injury cases in the U.S. When a car accident usually happens, it is because someone didn’t follow the traffic rules. A reckless driver can be held liable for the injuries caused by the accident.
However, California follows shared fault laws or the “pure comparative negligence” rule. In basic terms, this means that the compensation an injured person will receive will depend on their shared fault in the accident.
For example, you were in a car accident where another driver beat the red light and hit your car. However, you were also driving a few miles above the speed limit, so you might share a small percentage of the blame for the accident, say 15%.
Under California’s pure comparative negligence rule, your total compensation is reduced by 15%, representing the total percent of your fault in the accident. So from $10,000, you will only receive $8,500 after deducting the 15%.
Slip and Fall
A slip and fall case is another common type of personal injury case. Landlords, or sometimes even tenants, have the legal responsibility of keeping their property safe and hazard-free to avoid any individuals from being injured. Of course, not all injuries or accidents inside the property premises are against the property owner. To know if your accident falls under a slip and fall personal injury case, call one of our Alameda personal injury lawyers today.
Medical malpractice is a special type of personal injury case. These types of claims are brought against nurses, doctors, and other medical professionals or even hospitals when their treatment falls below medical standards, leading to a patient’s injury or death. However, it is essential to remember that not all bad treatment outcomes mean that your health care provider has committed medical malpractice.
Medical malpractice lawsuits are extremely complicated, so you need legal experts on your side. If you suspect that your healthcare provider has committed medical malpractice, consult with an Alameda personal injury attorney.
Defamation is a false statement about you that someone gives. It can appear as fact, and it aims to harm your professional or personal reputation.
Libel and slander fall under defamation law. Libel is defamation in writing, and slander is verbal defamation. When charging for slander or libel, you just usually have to prove that someone made a false statement against you and that it caused harm or financial loss.
In many states, dog owners are protected from injury liability if their dog injures someone for the first time or if they have reason to believe that the dog isn’t dangerous. In California, California Civil Code section 3342 makes the dog owner strictly liable, which means that the dog’s owner is legally responsible for injuries caused by their dog to someone. The statute reads:
“The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”
Battery, Assault, and Intentional Torts
Compared to other types of personal injury lawsuits, intentional torts aren’t accidents caused by carelessness but rather when someone intentionally harms someone. Cases like these can usually involve criminal charges against the perpetrator. For instance, when someone physically attacks another person, they face criminal charges. The victim can also file a personal injury lawsuit in court and demand compensation for injuries caused by the attack. If you have experienced physical harm caused by someone, don’t hesitate to press charges. Our Alameda personal injury lawyers can help. We will fight for you and protect your rights.