Personal injury is defined as a physical injury inflicted on a person’s body, as opposed to damage to property or reputation. It is the legal phrase used to describe the physical and mental injuries that result from someone else’s negligence, carelessness, or intentional acts.
Negligence means the other party failed to take proper care in doing something. This is usually said to mean the other party did not act reasonably with respect to their actions. For example, if you are crossing the street at an intersection and a car runs a red light and hits you, you would have a personal injury claim due to the negligence of the driver.
An intentional act is different than a negligent act. An intentional act means the other party caused you physical harm on purpose. Cases involving assault and battery are common examples of intentional acts causing harm. For example, if you are involved in a physical fist fight, the other person who caused you harm is said to have done so intentionally.
Common Types of Personal Injuries:
Many different types of personal injuries occur. The following list are common examples of personal injury claims, but this list is not exhaustive:
- Car Accidents
- Pedestrian Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Train Accidents
- Slip and Fall Accidents
- Construction Site Accidents
- Dog Bites and Animal Attacks
- Defective Products
- Wrongful Death
Generally speaking, personal injury accidents are most often caused by someone else’s negligence. In order to prove your case, your San Diego personal injury lawyer must be able to show that your injury was caused by the negligence of a third party. To prove negligence, your San Diego personal injury lawyer must prove four distinct elements:
- Duty of care: The negligent party was required by law to act reasonably to prevent bodily harm to another person
- Breach of duty: The negligent party failed to do what a reasonable person would have done in the same situation. If the negligent party fails to meet this standard, there will be a breach of the duty of care
- Causation: The negligent party’s actions or lack of acting, directly caused the injury
- Damages: In order to have a viable personal injury claim, the injured party must have suffered monetary and bodily harm as a result of the negligent party’s carelessness (e.g., a medical bill, loss of income)
When to Contact a San Diego Personal Injury Lawyer:
If you have been in an accident and suffered an injury in San Diego due to the fault or negligence of another person or company, you should contact a San Diego personal injury lawyer immediately. If you have been in a car accident, slipped and fell while on someone else’s property, suffered a dog bite from someone else’s dog, or if someone intentionally injures you, you should consult with a lawyer to help get you the fair compensation to which you may be entitled. Experienced personal injury attorneys will help you obtain and preserve vital evidence, communicate and negotiate with insurance companies and other third parties, and can better enable that you take the proper steps to protect your interests.
To learn more about how the attorneys at Martinez & Schill LLP can help you with your personal injury claim, contact us at 619-512-5995 or 951-200-4630 to schedule a free consultation. We understand he financial burdens a serious injury can carry, and we will help guide you through the legal process. We represent clients in San Diego, Riverside, and Southern California. We are willing to come to you if necessary. Our firm handles personal injury cases on contingency, so you only pay when we win.