Is a Truck Accident considered Personal Injury Law?
Have you ever wondered what a personal injury is under under California law? This article explains what a personal injury is and why you should hire a California personal injury attorney if you are hurt in California as the result of negligence of a wrongdoer.
What is a Personal Injury?
A personal injury is part of the the law of torts. Tort" is an ancient Latin word. It means inter alia: "A negligent or intentional civil wrong not arising out of a contract or statute. These include "intentional torts" such as battery (striking someone) or defamation (saying untrue things that are hurtful about another to others), and torts for negligence. . ."
A tort action allows you to sue someone for civil wrongs, as opposed to criminal wrongs, for money damages.
Inter Vivos View
Under English Common Law, a person's family members were not allowed to sue one another for torts because the church felt that this could create a breakdown in familial relations. Modernly court feel and many state legislatures believe that if a family members has hurt another family member, there is already a breakdown in family relationships. Therefore they can usually sue eachother.
Often, tort lawsuits against a spouse are brought separate and apart from any divorce, annulment or other family law case. Alabama, Georgia, Nevada, New York and Tennessee, however, allow or encourage combining the tort case with the family law case; New Jersey requires it.
The jurisdictions that still prohibit one family member from suing another include Arizona, Delaware, Hawaii, Illinois, Iowa, Louisiana, Missouri, Ohio, Texas, Utah, Wyoming and Washington, D.C. These places may make an exception when the tort is intentional. See, for example, Bounds v. Candle, 611 S.W.2d 685 (Texas 1980); Townsend v. Townsend, 708 S.W.2d 646 (Missouri 1986) and Green v. Green, 446 N.E.2d 837 (Ohio 1982).
An injury; a wrong; hence the expression "an executor de son tort", of his own wrong.
Torts can be caused by force, trespasses to property or chattel, or by a physical injury to a person, like assault, battery, imprisonment; to the property in possession; or they may be committed without force. Torts of this nature are to the absolute or relative rights of persons, or to personal property in possession or reversion, or to real property, corporeal or incorporeal, in possession or reversion: these injuries may be either by nonfeasance, malfeasance, or misfeasance.
What California Personal Injuries are Torts?
There are many different types of tort injuries that occur in California. Most tort injuries are the result of someone's negligence. However, there are also intentional torts such as battery, assault, or intentional infliction of emotional distress. Negligence is how the great majority of California Personal Injuries occur and is the term used in California Courts and includes but is not limited to:
Car Crash;
Deglove Injury;
Truck Accidents;
SUV Rollovers;
Wrongful Death;
Survival Actions;
Premises Liability Injuries, which include slips and falls;
Automobile Accident Injuries, which makes up a large majority of civil case filings in Marina del Rey Courts for negligence;
Airplane Accidents;
Products Liability Injuries, etc.
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