Tuesday, December 4, 2007

General Negligence Tort Basics

Sustaining an injury may be considered as an unfortunate episode on the life of a person. Yet, this situation can be even more tragic if caused by a party who has been either negligent or careless in performing his or her dealings. Notwithstanding the physical ordeals of the victims, the expenses that come along with their injuries may also carry a great burden for them or their families.

With these, it is necessary for these sufferers to understand some basic information on how to obtain justice for what they have experienced.
In California, cases of neglectful or careless practices that result to either personal injuries or even fatalities are covered by the tort law. As compared to criminal legal actions wherein a convicted individual may be punished through fines and/or imprisonment, torts are civil proceedings. This means that any acts of general negligence that result to harms or damages will entitle the plaintiffs for financial recoveries. These may include:
  • Remuneration for pain and suffering of the injured victim
  • Compensation for the hospital bills and continuing medical expenses
  • Reimbursement for the victim’s lost wages
  • Recompense for the victim’s emotional and mental distress
  • Cost of the property damaged
  • Payment for the victim’s other losses and expenses brought about by the injury
However, in a general negligence claim, a plaintiff must learn about the basics of the tort law in order to have better chances of succeeding. Hence, it is indeed important for him to have the assistance of a general negligence attorney who can help him establish these vital elements of a winning case:
  • The defendant has exercised any act of neglect, carelessness and/or law violation
  • Such negligence or illicit performance has been the proximate cause of the plaintiff’s injury
  • The plaintiff has sustained an injury or harm
Finally, if you have been engaged into similar situation, you should act immediately before it is too late. The law has set a time limit for filing tort cases. If you fail to meet the deadline, you may lose the opportunity to recover damages from the negligent party.