California Personal Injury Lawyers – Prussak, Welch & Avila

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Personal Injury

Types of Personal Injuries

There are multiple types of court cases that involve personal injuries. Some of the following are the more commonly litigated types of civil cases.

Accidents. Accidents are the most common type of personal injury cases. These are cases where someone acts, or fails to act, in a negligent manner. Some examples of accident cases leading to personal injury can include car accidents, slip and fall accidents, boating accidents, trucking accidents, medical malpractice, dog bite injuries, and nursing home abuse.

Intentional Acts. If a person intentionally harms another person and causes injury, this would fall under intentional acts. An example of an intentional act would include assault and battery. Oftentimes, these cases can also be brought as criminal cases.

Defamation. Words can do more than hurt someone’s feelings. In the case of a defamation lawsuit, the defamatory statements have actually caused harm to another person’s reputation, causing damages.

Defective Products. If a defective product has caused injuries, a lawsuit can be brought for any personal injury and damages. For example, if the manufacturer of a part or component of a car created a defective product that led to a car accident, you would be able to sue the manufacturer under strict liability laws for your personal injuries.

This list is not exhaustive, and personal injuries can occur from other accidents or incidents as well including exposure to toxic materials, drug injuries, and workplace injuries.

Personal Injury Cases are Personal

Every personal injury case is different because the circumstances and the people involved are always unique and specific to that accident or incident. While no two accidents are the exact same, most personal injury cases will take a similar legal path. Once a person causes injury to another, a set of four elements must be proven.

Duty - It must be proven that the person that caused the injury had a duty to provide a level of care towards another. Some examples of a duty of care would include driving safely, taking proper care of a nursing home resident, keeping your property safe for visitors, ensuring that your dog is restrained, or providing appropriate medical care.

Breach - It must be proven that somehow the person that caused the injury breached their duty of care towards you.

Causation - It must be proven that this breach of duty towards you was the direct cause of your personal injuries.

Damages - There must be actual injury or damages as a result of this breach of duty towards you.

After meeting all of these elements, you will have the opportunity to either settle with an insurance company or settle outside of court. If you do not receive the compensation you feel you are owed, then you are always able to take your claim to a court of law to receive compensation for your personal injuries.

Contact an Experienced Personal Injury Attorney

The experienced lawyers at Prussak, Welch, & Avila are attorneys with years of expertise. Our team can help you understand your legal rights and help you build your case so that you receive the compensation that you are owed. Contact us today at 888-550-9529 or online today for your free consultation.

Tustin Law Office
175 South C Street, 2nd Floor
Tustin, CA 92780
Tel: (714) 665-0799
Fax: (714) 665-0797
Los Angeles Law Office
801 South Garfield Avenue # 212
Alhambra, CA 91801
Tel: (626) 594-9449
Fresno Law Office
1338 N. Street
Fresno, CA 93721
Tel: (559) 266-0799
Fax: (559) 266-0805
Attorneys

Chris Prussak
Sara Welch
Gustavo Avila
Rance Welch
William Hess

Copyright © 2019 The Law Offices of Prussak, Welch, & Avila

Personal Injury

Types of Personal Injuries

There are multiple types of court cases that involve personal injuries. Some of the following are the more commonly litigated types of civil cases.

Accidents. Accidents are the most common type of personal injury cases. These are cases where someone acts, or fails to act, in a negligent manner. Some examples of accident cases leading to personal injury can include car accidents, slip and fall accidents, boating accidents, trucking accidents, medical malpractice, dog bite injuries, and nursing home abuse.

Intentional Acts. If a person intentionally harms another person and causes injury, this would fall under intentional acts. An example of an intentional act would include assault and battery. Oftentimes, these cases can also be brought as criminal cases.

Defamation. Words can do more than hurt someone’s feelings. In the case of a defamation lawsuit, the defamatory statements have actually caused harm to another person’s reputation, causing damages.

Defective Products. If a defective product has caused injuries, a lawsuit can be brought for any personal injury and damages. For example, if the manufacturer of a part or component of a car created a defective product that led to a car accident, you would be able to sue the manufacturer under strict liability laws for your personal injuries.

This list is not exhaustive, and personal injuries can occur from other accidents or incidents as well including exposure to toxic materials, drug injuries, and workplace injuries.

Personal Injury Cases are Personal

Every personal injury case is different because the circumstances and the people involved are always unique and specific to that accident or incident. While no two accidents are the exact same, most personal injury cases will take a similar legal path. Once a person causes injury to another, a set of four elements must be proven.

Duty - It must be proven that the person that caused the injury had a duty to provide a level of care towards another. Some examples of a duty of care would include driving safely, taking proper care of a nursing home resident, keeping your property safe for visitors, ensuring that your dog is restrained, or providing appropriate medical care.

Breach - It must be proven that somehow the person that caused the injury breached their duty of care towards you.

Causation - It must be proven that this breach of duty towards you was the direct cause of your personal injuries.

Damages - There must be actual injury or damages as a result of this breach of duty towards you.

After meeting all of these elements, you will have the opportunity to either settle with an insurance company or settle outside of court. If you do not receive the compensation you feel you are owed, then you are always able to take your claim to a court of law to receive compensation for your personal injuries.

Contact an Experienced Personal Injury Attorney

The experienced lawyers at Prussak, Welch, & Avila are attorneys with years of expertise. Our team can help you understand your legal rights and help you build your case so that you receive the compensation that you are owed. Contact us today at 888-550-9529 or online today for your free consultation.

Tustin Law Office
175 South C Street, 2nd Floor
Tustin, CA 92780
Tel: (714) 665-0799
Fax: (714) 665-0797
Los Angeles Law Office
801 South Garfield Avenue # 212
Alhambra, CA 91801
Tel: (626) 594-9449
Fresno Law Office
1338 N. Street
Fresno, CA 93721
Tel: (559) 266-0799
Fax: (559) 266-0805
Practice Areas

Workers' Compensation Law
California Personal Injury Attorneys
Criminal Attorneys in California
CIF Appeals

Attorneys

Chris Prussak
Sara Welch
Gustavo Avila
Rance Welch
William Hess

Copyright © 2019 The Law Offices of Prussak, Welch, & Avila