Personal Injury Lawyer San Diego
When someone is physically or emotionally injured, or their private property is damaged, it is considered under the law to be a personal injury. Personal injury law is also called “tort” law. States and the federal government have enacted tort laws for the protection of your rights. Tort actions have three elements: there must be a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured). There must be a breach of the duty. And the damage must occur because of that breach. When all three elements take place, a personal injury, or tort, has occurred.
The laws of our society place demands on all citizens not to harm others. This means that not only should people be safe from harm, but so should their possessions. Whenever someone else harms you or something that belongs to you, they become liable to answer to the tort laws governing the situation. Liability can be caused by intentional acts, or torts, or by negligence. An intentional act is one designed to cause harm or injury. A negligent act occurs when someone fails to take appropriate action and you are harmed as result of that failure. For instance, if an angry person throws a brick through your car window, that is an intentional tort (it may also be a criminal action). On the other hand, if a careless driver runs into your car, that is a negligence tort. In the first case, the defendant wanted to cause an injury: in the second case, the defendant did not want to injure you but failed to take the appropriate action to prevent injury. In both cases, the defendant had a duty not to injure you or your property, because our laws and society create that duty. The duty was breached by the intentional or negligent actions of the defendant, and intentional or negligent actions of the defendant, and damage to you person or property resulted.
Another form of person injury law covers “strict liability”. Strict liability means that there is responsibility whether or not negligence was involved. This is usually applied to situations which in themselves are abnormally or inherently dangerous, and also to the area of product liability. Manufacturers are charged with the responsibility of assuring that their product is safe when used as directed. If someone is injured by a product under the terms of strict liability they do not have to prove intent or negligence, only that the product was defective through no fault of their own, and that harm was done.
Once a personal injury has occurred, the defendant has a liability to make good the damage done. “Damages” is the term for whatever is owed to you to compensate you for your loss. Damages can be agreed upon be you and the injuring party, through insurance settlements, or by other means. But often, the damages offered to you may not fully compensate you for your loss. this is especially true if you have suffered physical injury and have not been able to work. Personal injury is the mechanism for determining who is in the wrong, or in other words, who is “liable”, and what the liable person should have to pay for the damages caused.
If you are the victim of a personal injury, there are several things you can do to help yourself. First and foremost, make sure that you seek proper medical attention and that you follow up with the proper authorities and your own insurance company. If you believe your injury was caused by the carelessness or intentional act of another, you may want to contact an attorney at The Feldman Group to discuss this. You should call as soon as it is possible to do so and avoid discussing the matter with strangers and/or insurance representatives who are not from your own insurance company. You should be cooperative with the police, your own treating physician, and your own insurance company. Most personal injury cases are governed be a Statute of Limitations, which means that you only have a certain period of time in which you can file a lawsuit. If you have a personal injury case that you would like us to review please call The Feldman Law Group toll free at 1-877-978-4878 for a free consultation and to speak to a personal injury lawyer in San Diego.
ANIMAL ATTACKS
OWNERS
Spay or neuter your dog. Do not teach your dog to play roughly. Be sure your dog has up-to-date vaccinations. Take your dog to obedience training so it becomes accustomed to obeying voice commands. Never leave babies or small children with a dog unless an adult is present. Keep your dog in a fenced-in yard. Do not allow it to roam.BASIC SAFETY TIPS INCLUDE:
- Leave strange dogs alone.
- Never approach any dog while it is eating, sleeping, or caring for its puppies.
- Never try to pet a dog until you have let it see you and smell you.
- Never leave children alone with any dog.
- Never be aggressive with a dog, stare it in the eye, or run from it.
- If a dog does attack, stay still.
- If a dog knocks you down, roll into a ball to protect yourself.
- If you are attacked, seek help quickly.
- Try to find out who the owner is, but seek medical help first.
DEFECTIVE PRODUCT LIABILITY
FOOD POISONING
INJURED CHILDREN
PREMISES INJURIES
RESORT & HOTEL ACCIDENTS
When a guest is injured in a slip and fall accident at a hotel or resort, the response of the property’s managers is usually prompt and caring. However, their demeanor can change quickly if you have been seriously injured. Don’t let important details about your case disappearRESTAURANT & BAR ACCIDENTS
Even though the liability for an injury may seem clear, most bar and restaurant owners will do anything they can to avoid paying damages. If you are injured in a restaurant write the incident at once. Also take the name of the witnessesGYM ACCIDENTS
The gym is a temple of fitness, a place you go to work out and get in shape. You go to the gym because you want to devote your time to getting healthy and staying that way. But the gym is also a dangerous place. All that weight being thrown, all the heavy equipment, and the quick-moving treadmills can be a potential minefield of injury. If you or someone close to you has been injured in a gym accident, hotels and restaurant, please contact the Feldman Group toll free at 877-978-4878 or immediate attention. Your questions, comments and suggestions are important to us. You may contact us 24 hours a day at our injury hotline.GYM ACCIDENTS
There are thousands of swimming pool accidents each year in San Diego County. Unfortunately, each year in the US several hundred children under the age of five drown in residential swimming pools and spas and thousands more are treated in emergency rooms. Pool accidents, diving accidents and other swimming related accidents are the second leading cause of death of children under 14 years of age.Swimming Pool Accidents & Injuries
These are just a partial list of the more common types of swimming pool accidents and injuries:- Lack of Pool Fences
- Trapped by Pool Covers
- Diving Boards
- Poor or Improper Pool Maintenance
- Slippery Surfaces
- Improperly Designed and Constructed Pools
- Pool & Spa Drains / Too Much Suction
- And Others