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August 30, 2012

Personal Injury Cases and the Corresponding Tort Laws within United States and California





Personal injury cases happen worldwide. Personal injury is often defined as the emotional, mental, and physical damages that a victim sustains due to an accident brought by the negligence of another person. Incidentally, one of the countries known for the occurrence of many accidents that are classified under personal injury is the United States.

According to the National Highway Traffic Safety Administration (NHTSA), about 30,797 fatalities were recorded as the result of vehicle crashes all over the country.  One of the states with the leading number of casualties was identified as California. In 2009, the said state recorded about 3,081 traffic fatalities.

In case the victim of the mishap is looking for specific laws that would assert his or her rights in court, the tort laws are the perfect reference. Torts are defined as a civic wrongdoing that ended in an act that violated other people’s rights. This meant that tort violations occur when a person fails to do his or her obligations under the general law. It is necessary to state that the injury was inflicted due to carelessness.

Incidentally, during court litigations, it would be definitely hard to prove this but through the help of a Los Angeles injury attorney, such task can be accomplished.

This professional has the capacity to gather evidences as well as witnesses for the case. He or she can even lessen the red tape within offices to facilitate the fast processing of his or her client’s documents. As added information for those who would like to file for a complaint under personal injury, they must prove that the following violations were committed against the tort laws:


·         There is a clear legal responsibility towards other people
·         The defendant has violated that specific responsibility
·         Through the violation of the responsibility, the victim was affected and it caused injury
·         There has to be injury that stemmed from the contravention

All of these can be proven through the aid of an adept attorney. It is highly important to hire a lawyer who specializes in personal injury cases since the client may use it as an edge. Once they win the case, they have the chance to receive damages awards in the form of monetary payments.