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Real Help After A Personal Injury Accident

Last updated on April 5, 2023

Personal injury law is defined as an area of tort/civil law where an injury is incurred by one person as a result of another person’s actions. Generally, the level of intent of the wrongdoer impacts the type of claim the victim may bring.

Strict Liability Versus Negligence Claims

Intentional torts cover intentional wrongs such as assault, battery and false imprisonment, where the defendant acts with a specific desire to harm the victim.

The more common personal injury torts are categorized as negligence, where the party causing the harm fails to exercise reasonable care in preventing the harm, and strict liability, where the wrongdoer’s intent is immaterial.

Two typical areas of strict liability claims include dog or pet bites and product liability injuries. In each of these claims, absent particular exceptions, the victim may recover for the injury regardless of the defendant’s level of intent.

The lion’s share of personal injury cases falls into the negligence basket, where the defendant’s failure to act in a reasonable manner results in harm to the victim. Negligence cases can include car accidents or premises liability cases like slip-and-fall accidents.

Understanding Negligence Claims

In order for a plaintiff to recover damages, he/she must show that the defendant’s conduct meets the five specific elements of a negligence suit.

Namely, the plaintiff must show that:

  1. the defendant had a duty to exercise reasonable care to prevent harm to the plaintiff,
  2. the defendant breached that duty,
  3. the defendant’s breach was the actual cause of the harm,
  4. the defendant’s breach was a foreseeable cause of the harm, and
  5. the plaintiff suffered some actual damage.

The Law Office of Aman N. Shah takes on the heavy lifting of litigating personal injury claims so that you can focus on recovery. We take the time to consider the extent of your injuries, from soft tissue damage to severe life-changing injuries and draft legal strategies designed to meet your needs. We also work with families whose loved one has died as a result of an accident.

Contact Us For Help

To schedule a consultation with our office in Brea, call us at 714-312-3974 or send an email through our convenient online form. Depending on your case, you may have a limited time frame in which to seek compensation, so call to speak with an experienced personal injury attorney today.