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Have you ever wondered what a personal injury is under under California law? This article written by Ehline Law, San Francisco , Orange County and Los Angeles Injury Lawyer, explains what a personal injury is and why you should hire a California personal injury attorney if you are hurt in California as the result of negligence of a wrongdoer. What is a Personal Injury? A personal injury is part of the the law of torts. Tort” is an ancient Latin word. It means inter alia: “A negligent or intentional civil wrong not arising out of a contract or statute. These include “intentional torts” such as battery (striking someone) or defamation (saying untrue things that are hurtful about another to others), and torts for negligence. . .” A tort action allows you to sue someone for civil wrongs, as opposed to criminal wrongs, for money damages. Inter Vivos View Under English Common Law, a person’s family members were not allowed to sue one another for torts because the church felt that this could create a breakdown in familial relations. Modernly court feel and many state legislatures believe that if a family members has hurt another family member, there is already a breakdown in family relationships. Therefore they can usually sue eachother. Often, tort lawsuits against a spouse are brought separate and apart from any divorce, annulment or other family law case. Alabama, Georgia, Nevada, New York and Tennessee, however, allow or encourage combining the tort case with the family law case; New Jersey requires it. The jurisdictions that still prohibit one family member from suing another include Arizona, Delaware, Hawaii, Illinois, Iowa, Louisiana, Missouri, Ohio, Texas, Utah, Wyoming and Washington, D.C. These places may make an exception when the tort is intentional. See, for example, Bounds v. Candle, 611 S.W.2d 685 (Texas 1980); Townsend v. Townsend, 708 S.W.2d 646 (Missouri 1986) and Green v. Green, 446 N.E.2d 837 (Ohio 1982). An injury; a wrong; hence the expression “an executor de son tort”, of his own wrong. Torts can be caused by force, trespasses to property or chattel, or by a physical injury to a person, like assault, battery, imprisonment; to the property in possession; or they may be committed without force. Torts of this nature are to the absolute or relative rights of persons, or to personal property in possession or reversion, or to real property, corporeal or incorporeal, in possession or reversion: these injuries may be either by nonfeasance, malfeasance, or misfeasance. What California Personal Injuries are Torts? There are many different types of tort injuries that occur in California. Most tort injuries are the result of someone’s negligence. However, there are also intentional torts such as battery, assault, or intentional infliction of emotional distress. Negligence is how the great majority of California Personal Injuries occur and is the term used in California Courts and includes but is not limited to: Car Crash; Deglove Injury; Truck Accidents; SUV Rollovers; Wrongful Death; Survival Actions; Premises Liability Injuries, which include slips and falls; Automobile Accident Injuries, which makes up a large majority of civil case filings in Marina del Rey Courts for negligence; Airplane Accidents; Products Liability Injuries, etc. To learn more about tort laws, you should contact a California Injury attorney who is a cut above the other excellent Los Angeles personal injury attorney . Don’t hesitate to drop by and visit our car accident attorneys Los Angeles as your surfing this site and reading the great legal articles.

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What Is A Personal Injury Under California Law?

You have to love the British.

By Atlanta auto accident attorney Scott Delius Proposed anti-texting laws or cell phone bans may not do enough to keep drivers from being distracted. Law enforcement feels that texting is not the root problem behind auto accidents caused by distracted drivers. Undoubtedly, texting and cell phone use causes significant distraction for drivers by taking their eyes off the road and their hands off of the steering wheel. But, texting and talking on the phone are not the only things that distract drivers. With recent studies showing that these type of bans have not decreased traffic accidents begs the question, what would be effective in limiting driver distractions?

By Georgia Auto Accident Lawyer Scott Delius If you’ve had an accident that’s someone else’s fault, who pays for the medical treatment that you need? If it’s a car accident, you may think that the other driver’s auto insurance will pay your bills. Unfortunately, that’s probably not correct. We all have to have auto insurance in Georgia, but the law only requires you to have $25,000.00 in liability coverage. Liability coverage protects you if you injure someone else. People often mistake liability coverage for medical bill coverage. In fact, liability coverage is completely discretionary on the part of the insurance company. Rest assured that won’t happen quickly. If you’ve been involved in an auto accident in Georgia, you should use your personal health insurance to pay for your medical treatment. Your health insurer may later assert a lien against any proceeds you collect from the other driver’s insurance company, but your lawyer can work that out later. You can worry about recovering from the other party later. Continue reading “Auto Insurance Issues in Atlanta Georgia”

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Auto Insurance Issues in Atlanta Georgia

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Georgia personal bankruptcies rate third-highest in the nationChapters 7, 13 filings rise in state in 2009 By Carrie Teegardin The Atlanta Journal-Constitution 5:29 p.m. Friday, January 1, 2010 One in 50 Georgia households declared bankruptcy in 2009 between January and November, leaving the state with the third-highest personal bankruptcy rate in the nation. Georgia’s crowded federal bankruptcy courts handled 66,925 filings during the first 11 months of the year, a 22 percent increase over the same period in 2008, according to statistics compiled by the National Bankruptcy Research Center. Only Nevada and Tennessee posted higher rates of personal bankruptcy, according to the center. Personal bankruptcy filings nationwide hit nearly 1.3 million between January and November, up 32 percent over last year. High unemployment, the decimated real estate market and a slate of creditor-friendly laws fueled the bankruptcy numbers in Georgia, experts said. Georgia’s numbers are up, but its position near the top of the bankruptcy charts is nothing new. The state has had one of the highest bankruptcy rates in the nation for years. What’s changed for 2009 are the profiles of those filing, with the ranks these days including plenty of people for whom financial instability is a new experience. Richard Thomson, a partner at Clark & Washington, a high-volume Atlanta bankruptcy law firm, said early in the economic downturn his firm took on lots of realtors and contractors as clients. “Now other professionals, we’re seeing them come in more and more,” he said. “They are higher income and have a lot more assets, a lot more items like boats and motorcycles and four-wheelers.” They simply can’t pay for what they have, Thomson said. “They’re just saying ‘Take it. It’s not worth the effort anymore. I can’t keep up with it.’