The Basics of Personal Injury Law

Personal injury refers to the injuries done to a person, private property, rights and reputation. Personal injury law attempts to cover all areas and types of injuries suffered by individuals. Each area is further narrowed down into subcategories in order to define the specific situations with which the injury occurred.

Personal injuries may be categorized into intentional and unintentional torts. A tort is defined as an injury to one person for which the person who caused the injury may be deemed liable.

Intentional Tort

An intentional tort is a deliberate act that causes harm to another, for which the victim may sue the offender for damages. A tort is also considered intentional if the “tortfeasor” (i.e. the person who committed the tort) doesn’t wish for it to happen, but is aware that it would happen anyway. Common law intentional torts include:

• Assault


• Battery


• Slander, Defamation or Libel


• False imprisonment or false arrest


• Intentional infliction of emotional distress (IIED)


• Trespass to property


• Nuisance

Unintentional Tort

An unintentional tort on the other hand, is an act that results not from intention to cause harm or to perform some harmful act, but because the offender did not conform to the standard or duty of care required by common law. This failure to comply is the actual or proximate cause of the damages.

Unintentional tort is primarily the result of negligence. Some unintentional torts include:

• Professional malpractice


• Product liability


• Vehicular accidents


• Premise liability


• Unintentional infliction of Emotional Distress (UIED)

Strict Liability

Tort liability is set upon the defendant without need to prove intent, negligence or fault; as long as the plaintiff can prove that it was the defendant’s object that caused the damage. It is a liability without fault and based neither on intent nor negligence.

Personal Injury Claims

Personal injury is also subject to a statute of limitation. A statute of limitation is the time allowed for a person to file a claim. Rights to filing charges beyond the set deadline will be waived.

Every tort claim, regardless of its nature, must address two basic issues – liability and damages.

First, is the “tortfeasor” liable to the injuries and damages a person sustained? Second, what is the nature and extent of the damages?

If the court finds the defendant guilty of personal injury, the plaintiff will be awarded economic and non-economic damages. Damages are also categorized into: general damages; special damages; and punitive damages.

Mesriani Law Group is a full service law firm which specializes in all facets of Personal Injury Law Litigation, including Wrongful Death Claims, Car Accidents, Slip and Fall and Premises Liability Claims, Employment / Labor Law, Disability Law and Supplemental Security Income (SSI) claims, and Business Law. Each of the attorneys at the Mesriani Law Group has been acknowledged as one of the very best in their field. Whether your case deals with Personal Injury Law, Employment Law, Social Security representation or Corporate/Business law, you can be assured that your case will be handled by an expert who specializes in that form of litigation. It is this diversity that makes us unique. We are not a firm with one specialty, but several. But it is not the accomplishments of its attorneys or its stellar business plan that makes Mesriani Law Group the best law firm in Los Angeles. It is the people working at Mesriani Law Group that truly drive our success. Every employee at Mesriani Law Group is dedicated to delivering the best service possible. Not only that, but Mesriani Law Group prides itself on giving the same level of attention to each and every client, be it a small personal injury matter or a multi-million dollar litigation. Mesriani Law Group is dedicated to giving its clients the very best representation and remains committed to having only the very best attorneys handling their cases.

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