Suing a Hospital for Medical Malpractice
Medical malpractice occurs when a person sustains an injury due to the negligence or medical
Personal injury accidents happen on a daily basis and are usually caused by negligence. The usual types of negligence accidents are brought about by traffic accidents involving auto, truck, motorcycle, and bicycle accidents. Negligence accidents can also include premise liability accidents stemming from slip and fall, dog bites, medical malpractice claims, and injuries caused by defective products.
However, aside from these types of accidents, there are general torts cases that are not strictly related to the accidents mentioned above. Although they do not count as traffic accidents or premise liability accidents, general negligence accidents can still cause serious harm to victims.
General negligence accidents happen when a victim is injured due to the carelessness of another. Under California laws, parties at fault for general negligence accidents are liable to victims under the legal theory of tort of negligence, which is the failure of the person or entity to exercise reasonable care or diligence in the performance of any rights or obligations.
Hence, if you are injured by another person unintentionally, then you have a right to claim negligence compensation for the resulting damages you incurred, which include the following:
- Property damage;
- Actual medical costs;
- Future medical care;
- Loss of earnings; and
- Pain and suffering, emotional distress, and other non-economic losses.
If you want to make sure that you can claim the highest compensation you deserve, you should never leave your claims to chance. Seek legal help from Mesriani Law Group’s expert general negligence attorneys in Los Angeles. The attorneys from Mesriani Law have decades of experience and a myriad of resources to fight for your rights against negligent and careless individuals who caused you and your family harm.
What to Do in Case of General Negligence Claims?
A lot of people believe that they can only file personal injury claims when they get injured in traffic accidents such as car, bicycle, motorcycle, truck, or bus accidents, or premise liability accidents such as trip or slip and fall, dog bite, explosion, and fire and construction accidents.
However, other accidents can also cause severe injuries to victims even if they are not technically under traffic or premise liability accidents. In these cases, you should be aware that you can still file for damages against the party at fault under the general negligence theory.
General or ordinary negligence claims arise when a persona is injured due to the carelessness of another. Committing ordinary negligence under the legal theory that the person or entity’s failure to exercise reasonable care or diligence in the performance of any rights or obligations will arise in liabilities to injured parties resulting from such recklessness or carelessness.
What Are the Damages That You Can Claim From the Party at Fault?
If you are injured due to another person’s negligence or lack of foresight, you have the right to seek reparation for any physical injuries or bodily damage you suffered as a result, which includes:
- Property damage,
- Actual medical costs,
- Future medical care,
- Loss of earnings claim if employed;
- Loss of prospective revenue if operating a business;
- Pain and suffering;
- Non-economic losses; and
- Punitive damages.
Don’t Negotiate on Your Own
Do not commit the mistake of trying to negotiate on your own for the sake of saving on legal fees because you will end up with less compensation or even waiving your claims altogether. The party at fault will surely be represented by adjusters from insurance companies or defense lawyers who have the experience and knowledge in analyzing and denying your tort of negligence claims and keeping their clients from being held liable to your claims.
Instead of going in blindly and attempting to reach for a settlement on your own, ask help from those who are trained in negotiation techniques and are familiar with the technical rules of procedures in pursuing personal injury claims. In this way, you will avoid unintentionally waiving your claims from exploitative defense lawyers and receive the just and proper compensation from your claims.
If you want to get the best compensation you deserve, you need to seek legal help from personal injury lawyers who have experience in representing victims of all types of personal injury accidents, including general torts cases.
What Are the Types of Evidence Required to Prove Your Claim?
The fundamental precept in any legal claim lies in the fact that the accuser should prove his claim against the person being accused. This is also relevant in general negligence cases. Hence, to legitimize your claim, you need to establish the following elements of a negligence case:
- Duty – proof that the accused party owed a legal obligation or duty of care to you under the circumstances
- Breach – proof that the accused party breached his or her legal duty by acting or failing to act a certain way that would otherwise result in negligence
- Causation – the actions or inaction of the party involved caused your injury
- Damages – proof that you were harmed because of the negligence of the party involved
These elements can be proven by showing proof, examples of which include but are not limited the following:
- Proof of the accident, which can be in the form of pictures or videos;
- Documents showing the injuries you suffered such as pictures, medical records, and witness declarations;
- Police reports or incident reports to show the accident and its consequences; and
- Proof of the value of your claims by showing medical bills and proof of loss of income, among other things.
Accidents or injuries brought about by negligence are not to be underestimated or brushed off easily since they can cause severe injuries, collateral damages or even wrongful deaths. Don’t delay your ordinary negligence claim or reach for a settlement on your own. Seek help from top personal injury lawyers and let them provide you with the best legal representation for your general torts claims and get the proper compensation you deserve.
