What is a Personal Injury Lawsuit?

One of the first personal injury lawsuits was 1837’s Vaughan vs. Menlove. The world has changed a lot in the ensuing two hundred years, but personal injury lawsuits haven’t changed much.

Back then, in that part of the county, most houses had thatched roofs. Since the hay could catch fire easily, or even spontaneously combust, roofs had ricks (chimneys). Menlove built a rickety rick very close to the property line. Several neighbors warned him over the course of several weeks that the rick was dangerous and too close to Vaughan’s house, but Menlove insisted he “he would chance it.” The hay ignited and spread to the plaintiff’s land, burning down both cottages.

Vaughan insisted that Menlove was negligent. In his defense, Menlove said he honestly believed the risk was safe and therefore he should not be liable for damages.

The court indicated that although this was a case of first impression, the “man of ordinary prudence” standard was supported by a similar duty of care in other cases, in which liability was imposed only for negligence relative to that standard. The court also viewed the “reasonable man” standard as supported by the long-settled principle of sic utere tuo ut alienum non laedas.

Menlove had to compensate Vaughan. Similarly, a Beverly Hills Personal Injury Attorney can compel tortfeasors (negligent actors) to compensate negligence victims.

Principles of Negligence

The Latin phrase the Vaughan court used to describe negligence doesn’t mean much. Here’s one that’s easier to understand. You break it, you buy it.

If Jerry unintentionally drops a coffee cup at an antique store, he should replace the cup. Likewise, if he unintentionally causes a car crash, Jerry should pay compensation. The compensation in a personal injury case is much higher because a person is worth more than a cup.

Incidentally, the car crash was unintentional as in non-malicious. But it was otherwise intentional. People accidentally leave the water running. They don’t accidentally drive drunk.

Cause, or a connection between breach of duty and damages, is another essential principle in a negligence case. Bad weather and many other factors often contribute to car crashes. But driver negligence substantially causes them.

Kinds of Cases

Vehicle collisions, which kill or seriously injure millions of Americans annually, are the most common kind of personal injury case.
Poisonings, mostly drug overdoses, are almost neck-and-neck with car crashes. In fact, the opioid epidemic caused the average U.S. life expectancy to dip two years in a row, for the first time since the 1920s.

Vehicle collisions often have multiple causes, and so do unintentional poisonings. Typically, one or more of the following applies:

• A doctor wrote a prescription for a pain pill without asking too many questions,
• A pharmacist did the same thing,
• A property owner turned a blind eye to drug use, and
• A victim ingested drugs.

Other kinds of premises liability cases include swimming pool drownings, slip-and-fall injuries, assaults due to inadequate security, and dog bites.

Vicarious liability often applies in these cases. For example, if a truck driver causes a crash, the shipping or transportation company that owned the truck is typically financially responsible for damages.

Nuts and Bolts of a Personal Injury Case

The compensation in a personal injury case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Usually, maximum compensation in a personal injury case is a process, not a result.

This process usually begins before a Los Angeles personal injury lawyer files legal paperwork. Once medical treatment is at least substantially complete, attorneys usually open informal settlement negotiations. If all issues in the case are clear, the insurance company usually has a legal duty to settle the matter in less than a month.

However, liability (legal responsibility) and damages (amount of compensation) issues usually delay the process, forcing an attorney to file legal action.This filing benefits victim/plaintiffs in several ways.

When attorneys file lawsuits, insurance companies know that victims mean business. Additionally, during court-ordered discovery, better evidence of negligence usually comes to light, strengthening the victim’s case. Finally, most judges refer contested matters to mediation. Professional mediators ensure that both sides negotiate in good faith, increasing the likelihood of a fair settlement.

Contact Our Experienced Personal Injury Attorneys Today!

A personal injury lawsuit is usually the only way a lawyer can obtain fair compensation for your serious injuries. For a free consultation with a Beverly Hills Personal Injury Attorney, contact the Law Offices of Eslamboly Hakim. The sooner you reach out to us, the sooner we start working for you.

Credit: Photo by Midjourney