Knowing the causation, breach of duty or duties that give rise to cases of personal injury in the state of California is a significant piece of knowledge worth having by every resident of the country and the said state, in particular. As we all know, personal injury is a civil wrong against a person mainly triggered by the failure of another person or groups of person to exercise a certain standard of care.
The main issue that there has been negligence committed is always probed into in personal injury claims and lawsuits. This main element is necessary in order to identify who has the liability for the injuries and loss experienced by the victim.
In California, the laws that govern over personal injuries and negligence cases generally entail that people behave in reasonable manners. This will prevent them from harm and prevent other people from being harmed. The laws express legal standards of conduct or behavior as what is generally expected of reasonable person existing in a community would do under similar conditions or circumstances.
This is a duty duly imposed with safety and rationality of individuals as its foundation.
Once a person, considered as the defendant, has been found to act unsafely or has failed to act in a conduct that is considered safe and sensible, he can be duly regarded as to have committed "breach of duty of due care." This violation of duty to act reasonably results to neglect of others' welfare and safety, specifically violation to the person considered as the plaintiff, who has incurred injuries due to the defendant's acts.
The defendant will then be held liable once it is established that he had breached his duty of care and consequently caused injury and loss on the part of the plaintiff.
As the plaintiff has sufficiently proven that the defendant has been negligent, there are damages available for him or her based from the negligence and personal injury laws of California.
The damages is classified in two categories, that of compensatory and punitive.
Compensatory damages – monetary damages awarded to the plaintiff who are set to compensate the economic and non-economic losses he or she has incurred and the damages sustained as a result of the defendant's malfeasance.
• Economic damages – past, present and future medical bills incurred, lost wages and future earnings that may potentially be lost, money for destroyed or damaged properties, necessary medical equipments
• Non – economic damages – mental anguish, emotional pain and suffering, loss of a lifestyle formerly possessed before the injuries, loss of association or consortium, loss of emotional society, support and companionship, embarrassment, disfigurement or scars, depression and shock
Punitive Damages – this is also known as exemplary damages awarded to plaintiffs in the aftermath of a personal injury suit in California. It is usually considered as a form of punishment to the liable party or defendant who has committed irresponsible, willful, spiteful or wrongful acts that caused grave personal injuries and economic/non-economic losses.
Judgments of punitive damages are also meant as a fair warning to the liable person or defendant to avoid committing the same acts again. It also aims to deter others from doing similar conducts.
http://www.articlebin.com/view-Know_the_Aspects_of_Negligence_under_CA_s_PI_Law-70379.html
