If you have been involved in an accident in, you may have the basis for a personal injury accident lawsuit. Personal injury accident lawsuits are not only founded on car accidents as many people may believe. In fact there are a number of other situations in which a victim may be entitled to compensation for her injuries. Of course, the best way to determine whether or not you have been involved in a a situation that may entitle you to compensation for your injuries is to consult with a California personal injury attorney. In the meantime, there are a few things you can consider to help you determine whether you may have a personal injury accident case. Personal injury accident cases in the state of California are based on the legal concept of torts. There are basically three types of torts – strict liability, intentional and negligent. The first two represent only a small portion of the personal injury accident cases so out focus is on the third type – negligent torts. Negligent torts include the vast majority of personal injury accident cases. In order for a victim to recover compensation for her injuries, she must first prove that her case falls under the umbrella of negligence torts. In order for a personal injury accident to be considered a negligent tort, it must meet four tests. The first test is whether or not there was a duty of care from the defendant to the victim. What this means is that the defendant had to have been in a position where he was expected to use reasonable care to protect the victim from foreseeable harm. As you can see, that can be open to interpretation. In some cases, such as a ca accident case, the courts have already decided that a duty of care exists so it is easy to know whether your case meets the first test. In other cases, such as accidents in a public place or on private property are not quite as clear cut. If you are unsure, consult with a personal injury attorney for a professional opinion. The second "test" is considered the breach of duty element. Assuming that you have established that the defendant had a duty of care toward you, you must then prove that he breached that duty of care. Some accidents are just that – accidents. Some situations could not have been prevented regardless of the amount of care used by the defendant. On the other hand, many accidents could have been prevented had the defendant exercised the proper amount of care. Again, some cases are obvious such as a drunk driver. Clearly, by deciding to operate his vehicle while intoxicated he has beached his duty of care. Other cases, however, are not so obvious. Again, consult with a licensed personal injury attorney if you have questions. The third and fourth "tests" are causation and damages. Not surprisingly, the defendant's breach of duty must have been the cause of the accident. Lastly, the victim must have suffered damages as a result of the defendant's breach of duty. "Damages" is the legal term used to describe injuries – physical or emotional. If you believe that you may have the basis for a personal injury matter and would like a free and detailed evaluation, please contact attorney Emery Ledger at The Law Offices Ledger & Associates. He can be reached at 1-800-300-0001 or by visiting www.ledgerlaw.com. Continue reading "How to Know If I Have A Personal Injury Accident Case"
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