Personal injury law is a branch of law that addresses physical, mental, and emotional injuries that a defendant inflicts upon a plaintiff. Under tort law, plaintiffs who prevail in a lawsuit may be entitled to compensation for their injuries.

The major aspects of personal injury law include:

• Negligence – Negligence is defined as a failure to act with reasonable care, and is the basis for most personal injury lawsuits
• Common Causes – Common causes of personal injury law include car accidents, slip-and-falls, and dog bites.
• Compensation – Damages may be economic, including medical costs and lost wages; non-economic, including pain and suffering, and infliction of emotional distress; and punitive.

The Four Legal Elements of Personal Injury Law

If you bring a personal injury lawsuit against another party, you must show four legal elements. The first legal element is that the defendant had a duty of care to you. In some instances, this is relatively easy to show. For example, it is generally recognized that, in a malpractice case, a physician has a duty to his patient. Similarly, in a truck accident, it is a legal principle that truck drivers have a duty of care to others on the road, which means driving in accordance with traffic rules and regulations and exercising the level of care a reasonable person would. A duty of care can arise from law, social norms, or professional standards.  

The second legal element you must prove is that the duty of care was breached. This is proven by showing that a defendant’s actions fell below what a reasonable person would have done in a similar situation. Examples of a breach of a duty of care include a physician who fails to follow medical protocols, a retail owner who fails to fix a dangerous condition in the store, such as broken stairs, or a driver who dramatically exceeds the posted speed limit. 

The third legal element that must be proved in a personal injury case is that the breach of the duty of care was the proximate cause of the injury. This requires evidence from sources such as police reports, medical records, photos, and eyewitness statements.

Finally, the fourth element to be shown is that the injury is compensable and that the plaintiff has suffered actual damages. Out-of-pocket damages such as medical costs, rehabilitation costs, lost wages, and similar expenses are called economic damages. Non-economic damages, which are often quite difficult to quantify, include pain and suffering, infliction of emotional distress, and loss of companionship or consortium. Punitive damages, which are meant to deter the types of actions engaged in by the defendant, are not always available in California. Unlike in many other states, there is no limit to punitive damages in California. 

Contact the Law Offices of Earl E. Conaway, III

If you’ve suffered a personal injury, it’s important to contact a San Luis Obispo attorney right away. There are time limitations on filing suit, typically two years from the date of injury, and if you fail to meet the statute of limitations, your claim will be barred. Contact us today for a free consultation

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