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Los Angeles Personal Injury Laws

 
Author: Kevin Stith
 

The laws relating to personal injury applicable in Los Angeles are mainly based on precedents or case histories, not statutes. Nevertheless, they cover a wide spectrum - slip and fall (Premises Liability), motorcycle accidents, car and truck accidents, dog bites, head and spinal injuries, and construction accidents, to mention a few. You can find personal injury attorneys specializing in one or more of these segments.

The basic principle in personal injury law is that no person should cause an injury to another either by his action or through his negligence. That is part of a citizen's duty. Negligence can be termed as the failure or omission to take prudent or reasonable care. For instance, a shop owner who does not keep his floor reasonably clean could be liable for damages if a customer slips and falls. The claims may cover not only any physical injury sustained, but also mental and emotional agony.

The law requires that to obtain a favorable verdict on his claim, the plaintiff (the victim who files the claim) must prove that the injury to him was caused by the other person's neglect of duty. Sometimes the victim also may be partially responsible for the accident. In such cases the percentage of fault could be considered.

Motorcycle accidents form a specialized branch in personal injury cases because the type of damages and the circumstances of the cases are often different from other forms of accidents. If the victim doesn't carry liability insurance, he can obtain only limited damages. This is a headache for the Los Angeles attorneys, because many riders do not pay attention to this.

It is desirable to file the claim as early as possible. Statutes of Limitation apply to personal injury cases as well. An adult has to file the claim within two years from the date on which the injury occurred. In the case of minors, the limit is two years from the date on which they attain the age of eighteen. But if the defendant is a government department or agency, the time limit is only six months.

 
 
 

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