We are Southern California’s premier general practice Playa del Rey attorneys focusing on accidents and injuries. Ehline Law Firm PC, handle general practice, like personal injury, criminal defense and other delicate legal matters. We are not bogged down with only one area of legal practice. This means we have general, well rounded knowledge of all areas of California law. Since many areas of California law cross over, using us will more than likely get you a better analysis of your case, be it civil, or criminal.
We Focus in Accidents and Injuries
For example: When an individual suffers physical or emotional injuries, and/or an individual’s personal property is destroyed or damaged say, in Playa del Rey, this is known as a “Personal Injury” in California Courts. California personal injury law allows an injured victim (Plaintiff) to receive payment (monetary compensation) for injuries causing the damages. These damages must be caused by a tortfeasor’s (Defendant) failure to exercise due care, or carelessness. The damages are usually the result of a Defendant’s intentional conduct, malice, negligence, recklessness.
California and the Federal government utilize tort laws that largely are the result of English Common Law. These tort laws came about to protect individual rights and now even apply to incorporeal persons.
(1) Duty owed by the Defendant wrongdoer, to the Plaintiff injured victim; (2) Breach of the aforesaid duty; (3) Damages caused by breach of the duty. This is called negligence. (Learn More.) Taking the case to court will help avoid self help. Our general practice attorneys will help you navigate through all the complexities of the law.
If you or someone you know needs help because he or she suffered a crime or personal injury, or someone you know had their property destroyed or damaged, the injury causing tortfeasor has committed a tort for which damages or injunctive relief may be awarded by a California Court. Tort liability comes about in many ways. The most common liability is: (1) Intentional conduct, (2) Ordinary negligence.
Intentional & Reckless Conduct
Intentional conduct is just that. It is done on purpose with intent to injure, vex, annoy and/or harm. This is also reckless, but one can be reckless without being intentional. In all events, this is how the injury and harm arises. Negligence happens when the injury causing torfeasor refuses, fails, or neglects to properly abide by the societal standard of care. When that happens, the injured victim is harmed an damages are the way we try and make the victim “whole” For example, if a tortfeasor becomes upset or angry and tosses a hammer in your home, breaks your windows out and the hammer impacts your face, you are now the victim of intentional conduct that could also be characterized as “negligence.” In fact, the district or city attorney may even want to file criminal charges for battery, assault, mayhem, breaking and entering, malicious mischief and so on and so on. The same goes for a car accident. If done purposefully, it would be intentional and even criminal.
There are other types of harm less appreciable at first glance. For example, California tort law applies to strict liability. Strict liability makes a person liable regardless of whether a person was negligent. For example a dangerous explosives factory. If there was an explosion at the factory, the factory is liable because explosives are inherently dangerous. Products liability has a similar tone as well.
When a person suffers a Playa del Rey mishap, the tort Defendant must pay money damages if found liable by a jury. “Damages” also covers any event where a duty is owed to compensate for a loss due to a tort injury. Damages can be decided pre-litigation by the parties to the lawsuit, and settled prior to trial. Usually these involve insurance settlements. Sometimes a personal injury victim won’t want to settle unless he or she is fully compensated and will want to risk trial. You will need counsel to make sure you don’t get suckered. Often, the physical injury is so severe, the hurt victim, wage earner, or homemaker, will simply be unable to work. California tort laws help determine who is at fault. The at fault person is the ‘liable’, party. The liable party will be responsible for paying for the personal havoc and wounds caused by the liable party.
- Get medical help immediately. Don’t wait, or a crafty defense attorney will argue your not really hurt later on;
- Call the police;
- Call your insurance company if you feel it may be a covered event;
- Contact the Playa del Rey attorneys at Ehline Law Firm PC for a free consultation.
- Don’t give recorded statements to your adversary, or your own insurance company unless you have spoken to competent attorneys first [Don't ruin your case];
- Refuse to discuss your case with anyone other than your Marina del Rey attorneys.
- Do cooperate with police and your own treating physicians, and your own insurance company [But make sure you have help, if you feel you are being investigated for illegal activity and never volunteer incriminating information] – always ask to have your legal representative present before cooperating.
In California, most damages claims involve a 2 year statute of limitations. In other words, a victim only has a statutory time frame to file a civil complaint for damages and jury trial. If you or a loved one has been hurt, or are simply in need of legal counsel, you need to contact us at (888) 400-9721 or simply e-mail us at the contact address provided in the explorer bars above for a free initial consultation. Usually assuming we take your case, it will be on a contingency fee basis. This means no recovery, no fee. Don’t let the statute of limitations expire while trying to negotiate your Marina del Rey civil case with the insurance company. That’s what they want. No insurance company wants to pay.