Personal injury claims, property damage, and privacy rights are filed under Tort Law. However, it is also important to realize that Tort Laws vary, according to the state issued.
What Is Personal Injury?
A personal injury might be due to a physical or emotional trauma and are part of Tort Law. It is also interesting to note that Tort Law falls into 3 distinct areas.
- Intentional Torts – Battery
- Unintentional Torts – Negligence
- Strict Liability – Product Liability
Understanding California Tort Law
California Tort Law differs from some federal laws and other state laws. For example, government agencies are not subject to Tort Laws. However, the California Tort Claims Act does allow individual to bring claims against a government agency, if the claim is filed within a specified time frame. However, the Medical Injury Compensation Reform Act places a limit on the amount that the claimant can collect for damages.
California Evidence Guidelines
The California governing body has made stringent changes to the California Evidence Guidelines, which strongly impact tort claims due in court. Therefore, it is vital for a claimant to consult with an attorney with knowledge and experience about California Rules of Evidence.
Reckless Misconduct/Comparative Negligence
California includes a third liability instead of the usual two offered by other states. This third liability is Reckless Misconduct or the willful neglect of the rights of others. In addition, California set in place a comparative negligence law, which allows a claimant to collect, even if they were partly responsible for injuries. Our Palm Springs personal injury lawyer is the first person that one might contact, after receiving a personal injury.